The Legal Framework for Regional Organisations in Africa and the Proactive Role in Addressing Threats to International Peace and Security

The United Nations Security Council is the global body mandated by the United Nations Charter to maintain and restore international peace and security. Regional organisations are also mandated by the UN Charter to set up regional arrangements to maintain and restore international peace and security. What is the legal framework from which regional organisations in Africa derive legitimacy for peacekeeping and peace enforcement operations? It is the author’s view that there is little literature on this topic and this paper aims to make a contribution by discussing the legal instruments adopted by regional organisations which inform the context within which they operate. Also, it is observed that over the years, the international community has either abandoned African states in the early years of conflicts or has responded quite late. Bureaucracy and delays in intervention has led and would lead to the escalation of conflicts leading to serious human rights violations perpetuated against civilians. Regional organisations in Africa therefore saw it as a matter of necessity to devise own mechanisms to respond to regional peace and security threats and breaches consistent with the purposes and principles of the United Nations. This paper will demonstrate that regional organizations have assumed a more proactive role in addressing threats to international peace and security in African. Regional organisations have become custodians of international peace and security on the continent as a result of a vacuum, out of necessity and due to their unique placement and expertise in regional matters.

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