MAKERERE LAW JOURNAL

FROM NON-INTERFERENCE TO NON-INDIFFERENCE: THE ORIGIN AND STATUS OF ARTICLE 4(h) OF THE CONSTITUTIVE ACT OF THE AFRICAN UNION

Lornah Afoyomungu Olum

 

Abstract

This article examines the historical, legal and political context within which Article 4(h) of the Constitutive Act of the African Union was formulated. It also considers the place of Article 4(h) in the contemporary international legal order. In the main, it is considered that, as recognized by Principle 11 of the Pretoria Principles, Article 4(h) is envisaged and validated by Article 53 of the UN Charter. More affirmatively, it is suggested that the place of Article 4(h) as a feature of the normative legal framework on intervention is secured by the emergence of the Responsibility to Protect (R2P) doctrine, which has been broadly endorsed under the UN framework.

 

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