Abstract

GICHANA, Henry Paul. Sub-regional organisations and the responsibility to protect: A case for the localisation and normative repatriation of sub-regional authority for coercive measures. Afr. hum. rights law j. [online]. 2021, vol.21, n.1, pp.335-362. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2021/v21n1a15.

The adoption of the responsibility to protect by the United Nations General Assembly marked a key milestone in the advancement of human security and the international protection of human rights. The textual adoption by the UNGA, however, was skewed in favour of the world order as it existed at the adoption of the Charter of the United Nations. Key among the recommendations downplayed by the UNGA text is the place of regional and sub-regional organisations in the implementation of the responsibility to protect. The consequence has been that sub-regional organisations have often been sidelined and their position on conflicts overlooked by the United Nations Security Council in its authorisation of R2P-related interventions. This article utilises the differences between the original R2P concept and the R2P norm adopted by the UNGA as well as subsequent discourses and state practice flowing from these differences to argue for R2P's localisation in the African context and for the normative repatriation of the authority of sub-regional organisations to adopt coercive measures under R2P. The article uses the Economic Community of West African States to illustrate the potential for sub-regional organisations to implement R2P when accorded the requisite regional and international support.

Keywords : sub-regional organisations; responsibility to protect; norm localisation; norm repatriation; peace and security.

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