University of South Africa | Colleg of law - Academia.edu

The OAU was founded in 1963 and worked to bring African nations together to gain and strengthen their independence.

It has experienced various internal and intra-States conflicts.

Conscious of that fact, in 2000, African Heads of State and Government resolved to replace the OAU by adopting unanimously the Constitutive Act of the AU.

To make difference with the OAU, Article 4(h) of the Act provides “the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity”.

Desirous of establishing an operational structure, in accordance with Article 5(2) of the Act, the Protocol creating the Peace and Security Council (PSC) was adopted in July 2002.

The Protocol has integrated Article 4(h) with the objective to anticipate and prevent conflicts (art 3(b)).

Considering atrocities against citizens in Darfur as well as in Burundi, the AU resolved to create the AMIS and the AMIB in 2003.

Due to financial constraints of the AU during both operations, the UNSC decided to establish hybrid operations.

For a better decisive response in such situations, the UNGA adopted Res 60/1; the 2005 World Summit Outcome. Its paragraphs 138-139 provide that each State has the R2P its populations.

The R2P was endorsed by the AU in a report known as Ezulwini Consensus.

Since, many African States remain in fragile peace due to “revolutions”, internal and internationalized armed conflicts, coup d’état, etc.

The guiding question is how can the AU or sub-regional organisations respond in a timely manner in order to ensure the full protection of civil population under imminent threat?

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