This thesis aims to study the legality of unilateral and regional intervention by states through the influence of regional and or sub-regional organizations in the context of the international law principle of non-intervention focused on the Gambia Post- election crisis 2016/17 as a case study.
This paper will give a legal descriptive analysis of the International law principle of non-intervention as this area is one of the most controversial concepts of international law. In the process of discussing this research area, I will be analysing the legality and legitimacy of International interventions in the Gambia post-election crisis 2016/17 and in the process, assess the legitimacy of contemporary interventions in their determining factors.
In Chapter 1, this thesis contains a general assessment of whether humanitarian intervention is consistent with the purposes of the United Nations which is highly debatable in the academic field of International law. In assessing this question, an evaluation is made on the interpretation of Article 2(4) of the UN Charter.
Chapter 2 of this thesis contains an elaborate discussion on The Gambia Post-election crisis and seeks to answer whether the threat to use of force by ECOWAS and AU was actually authorised by the Security Council in Resolution 2337(?). Other Forms of intervention are as well revisited in the discussion to assess whether the Use of Force and intervention by African regional organization ECOWAS was consistent with the UN Charter. This Chapter also gives a bird’s eye view on the mandate of regional organizations and an evaluation of their legal instrument in relation to The Gambia as a member of such African organizations. This includes a discussion on Gambia’s status on the ECOWAS Protocols.
Finally, Chapter 3 focussed on the new trend of Pro-democratic Intervention in Africa, and how the Gambia’s case study is of good or bad precedence.
Table of Contents
Introduction
1. THE CONCEPT OF INTERVENTION AND THE PRINCIPLE OF NON-INTERVENTION UNDER INTERNATIONAL LAW
1.1 The evolution of the principle of Non-Intervention under the UN Charter.
1.2 The interpretation of Article 2(4) of the U.N. Charter.
1.3 The Principle of Non-Intervention in the context of the African Union and ECOWAS regional and sub-regional organizations.
2. THE LEGALITY OF AFRICAN REGIONAL INTERVENTION IN THE GAMBIA AND THE CONCURRENT POSITION OF THE U.N. CHARTER ON SUCH DEVELOPMENTS
2.1 The mandate of regional arrangements and their role in dispute settlement under the U.N. Charter and Multi-lateral Treaties.
2.2 The legal status of the Gambia on the ECOWAS’ Protocol on Democracy and Good Governance (A/SP1/12/01).
2.3 The question of legitimacy under domestic laws of The Gambia.
2.4 The position of the U.N. Security Council with regards to the regional intervention in the Gambia Post-election Crisis.
2.5. The threat of the Use of Force in The Gambia by the ECOWAS & AU regional organization.
3. PRO-DEMOCRATIC INTERVENTION IN CURRENT INTERNATIONAL LAW: GOOD OR BAD?
3.1 Legal Justification of Political Intervention under International law
3.2 Intervention by consent and the question of “who is in control to give consent” in a dilemma of legitimacy?
3.3 Opinion on Pro-democratic Intervention: Good or Bad?
Objectives and Core Themes
This thesis examines the legality of military and political interventions by States and regional organizations under international law, using the 2016/17 Gambian post-election crisis as a central case study to assess the tension between the principle of non-intervention and the emerging norm of pro-democratic intervention.
- The legality and legitimacy of regional interventions under the UN Charter framework.
- The interpretation of the principle of non-intervention and Article 2(4) regarding the use of force.
- The effectiveness of regional protocols in mediating constitutional crises and preventing sub-regional conflict.
- The validation of "intervention by invitation" as a contemporary legal justification for regional armed action.
Excerpt from the Book
2.5. The threat of the Use of Force in The Gambia by the ECOWAS & AU regional organization.
As earlier discussed in Chapter 1, the UN Charter prohibit the “threat” or use of force in a Member State as enshrined in Article 2(4):
“All Members shall refrain in their International relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.”72
In assessing the threat of the use of force in the Gambia post-election crisis, it will be parochial to analyse the legality of the intervention based on the above provision only. Though, the quoted provision is the main legal source to assess legality of the use of force, there have been series of contextual development on the definition by decisions of the Security Council73 and the General Assembly74, as well as international Court of Justice jurisprudence75 which gave rise to new contemporary basis of interventions. However, this thesis is focused on assessing the threat of the use of force in the Gambia post-election crisis as a result of the Senegalese forces deployed by ECOWAS backed by Nigerian Air and Naval force as well as other ECOWAS troops from Ghana to compel Jammeh’s departure after President elect Barrow was inaugurated76.
First, it is to be established whether such action by ECOWAS constitute threat to use force, before delving into the question of the legality of such threat under the UN Charter. In assessing the question of what constitute a threat to use force, the definition that matched the Gambia’s political situation in 2016/17 is the definition of threat by Brownlie in his book, International law and the Use of Force by States, where threat is defined as consisting “… an express or implied promise by a government of a resort to force conditional on non-acceptance of certain demands of that government.”77 With reference to this definition, the threat to use of force was apparent from the decision of the AU’s Peace and Security Council 647th Meeting held on the 13 January 2017 in Addis Ababa78 and resolution of the 50th Ordinary Session of the ECOWAS heads of States and Government held on the 17th January 2017 in Abuja,79 where West African heads of States decided to take “all necessary measures” to enforce the results of the election in The Gambia as troops from ECOWAS States surrounded The Gambia.
Summary of Chapters
1. THE CONCEPT OF INTERVENTION AND THE PRINCIPLE OF NON-INTERVENTION UNDER INTERNATIONAL LAW: Evaluates the historical foundation and interpretation of the non-intervention principle and Article 2(4) of the UN Charter. It explores the evolution of this principle in international law and specifically within African regional frameworks.
2. THE LEGALITY OF AFRICAN REGIONAL INTERVENTION IN THE GAMBIA AND THE CONCURRENT POSITION OF THE U.N. CHARTER ON SUCH DEVELOPMENTS: Analyzes the specific circumstances of the 2016/17 Gambian impasse, addressing the role of regional protocols in mediating the constitutional crisis and questioning whether the intervention was legally authorized by the UN Security Council.
3. PRO-DEMOCRATIC INTERVENTION IN CURRENT INTERNATIONAL LAW: GOOD OR BAD?: Discusses the shifting paradigm of pro-democratic intervention in Africa. It evaluates the legality of interventions based on "invitation" and assesses whether such actions represent a positive advancement for proactive dispute resolution.
Keywords
International Law, Non-Intervention, UN Charter, Regional Intervention, The Gambia, ECOWAS, African Union, Post-Election Crisis, Article 2(4), Pro-democratic Intervention, Intervention by Invitation, Constitutional Crisis, Sovereignty, Responsibility to Protect, Use of Force.
Frequently Asked Questions
What is the primary focus of this thesis?
The thesis focuses on the legality of state and regional interventions under international law, specifically examining the balance between sovereignty, the principle of non-intervention, and the necessity of preventing political crises through regional action in the case of The Gambia.
What are the central thematic areas of the research?
The main themes include the legal boundaries of intervention as defined by the UN Charter, the role of regional organizations in conflict management, the validity of "intervention by invitation," and the evolution of pro-democratic interventions in the African context.
What is the core research goal?
The objective is to evaluate whether regional interventions, like the one in The Gambia, are admissible under current international law, especially when they aim to restore democracy during a constitutional impasse.
Which scientific methodology does the work utilize?
The author employs a legal descriptive analysis, evaluating statutory provisions of the UN Charter and regional protocols against state practice, international jurisprudence, and specific evidence from the 2016/17 Gambian crisis.
What issues are covered in the main body?
The main body treats the conceptual history of non-intervention, the interpretation of "force," the legality of ECOWAS/AU military actions in The Gambia, the domestic legitimacy of the Gambian electoral crisis, and the broader debate surrounding pro-democratic intervention.
Which keywords define this work?
The work is defined by terms such as International Law, Non-Intervention, Territorial Integrity, ECOWAS, African Union, Pro-democratic Intervention, and Intervention by Invitation.
How does the author interpret the Ambiguity of Security Council Resolution 2337?
The author argues that Resolution 2337 utilized a "non-prohibitive non-authorization" approach, which failed to explicitly endorse military force but left the door open for regional organizations to act after peaceful diplomatic efforts had stalled.
Is "intervention by invitation" considered a sustainable legal basis by the author?
Yes, the author views intervention by invitation as a logical and reliable argument for intervention, provided the request for assistance comes from a legitimately recognized authority under domestic law, as seen in the case of President Adama Barrow.
- Arbeit zitieren
- Ebrima Sowe (Autor:in), 2021, Evaluating Situations When a Country is Allowed Under International Law to Intervene in the Affairs of Other Countries, München, GRIN Verlag, https://www.grin.com/document/1244881
