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119-415: International human rights law, which governs the conduct of a state towards its people in peacetime is traditionally seen as distinct from international humanitarian law which governs the conduct of states and non-state armed groups during conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that international humanitarian law represents

238-525: A military coup . On 9 October of the same year, the Peace and Security Council of the African Union lifted the suspension imposed on Mali, citing progress made to return to democracy. The country was again suspended on 1 June 2021, following its second military coup within nine months. Guinea's membership was also suspended by the African Union on 10 September 2021, after a military coup deposed

357-411: A military coup in late July that deposed democratically elected president Mohamed Bazoum ; this has since also led to the 2023 Nigerien crisis . Gabon's membership was suspended by the African Union on 31 August 2023 following a military coup that deposed president Ali Bongo Ondimba . The African Union has a number of official bodies: These institutions have not yet been established; however,

476-425: A backlog of over 120,000 cases and a multi-year waiting list. About one out of every twenty cases submitted to the court is considered admissible. In 2007, the court issued 1,503 verdicts. At the current rate of proceedings, it would take 46 years for the backlog to clear. There is currently no international court to administer international human rights law, but quasi-judicial bodies exist under some UN treaties (like

595-659: A belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated. Every feasible precaution must be taken by commanders to avoid civilian casualties. The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non-international armed conflicts. The principle of humane treatment requires that civilians be treated humanely at all times. Common Article 3 of

714-453: A conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law . Reparation for victims of serious violations of International Humanitarian Law acknowledges the suffering endured by individuals and communities and seeks to provide a form of redress for the harms inflicted upon them. The evolving legal landscape, notably through

833-499: A controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as from its own Statutes. The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. During conflict, punishment for violating

952-534: A distinctive uniform or other easily identifiable badge, and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy , as is the taking of hostages . International humanitarian law now includes several treaties that outlaw specific weapons. These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7,000 deaths

1071-639: A function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict between both state and military occupation (i.e. IHL) or to certain groups of people including refugees (e.g. the 1951 Refugee Convention ), children (the Convention on the Rights of the Child ), and prisoners of war (the 1949 Third Geneva Convention ). The General Assembly of

1190-641: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris from 7 to 9 October 1991, and adopted by UN Human Rights Commission Resolution 1992/54 of 1992 and General Assembly Resolution 48/134 of 1993. The Paris Principles list

1309-728: A heated debate in Accra, the Assembly of Heads of State and Government agreed in the form of a declaration to review the state of affairs of the AU with a view to determining its readiness towards a Union Government. In particular, the Assembly agreed to: The declaration lastly noted the "importance of involving the African peoples, including Africans in the Diaspora , in the processes leading to

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1428-530: A lack of democracy and leaders who refuse to step down, discrimination against minorities (including LGBT people, religious groups and ethnicities) and corruption. He suggested an intensified democratization and free trade to significantly increase living quality for Africans. Member states of the African Union cover almost the entirety of continental Africa, except for several territories held by Spain ( Ceuta , Melilla , and Peñón de Vélez de la Gomera ). In addition, European countries have dependencies among

1547-720: A lesser extent Portuguese and Arabic are used. The Constitutive Act , for example, is written in English, French and Arabic, while the protocol amending the Constitutive Act is written in English, French and Portuguese. As of 2020, the AU website is available in its entirety in English, partially in French and minimally in Arabic. Portuguese and Swahili versions were added as "coming soon" ( em breve ) in April 2019. According to

1666-831: A member state was the May 2003 deployment of a peacekeeping force of soldiers from South Africa, Ethiopia , and Mozambique to oversee the implementation of the various agreements in Burundi . AU troops were also deployed in the Sudan for peacekeeping during the Darfur Conflict , before the mission was handed over to the United Nations on 1 January 2008 via UNAMID . The AU has a peacekeeping mission in Somalia , consisting of troops from Uganda and Burundi. The AU has adopted

1785-677: A number of important new documents establishing norms at continental level, to supplement those already in force when it was created. These include the African Union Convention on Preventing and Combating Corruption (2003), the African Charter on Democracy, Elections and Governance (2007), the New Partnership for Africa's Development (NEPAD) and its associated Declaration on Democracy, Political, Economic and Corporate Governance. The historical foundations of

1904-405: A number of responsibilities for NHRIs. Universal jurisdiction is a controversial principle in international law, whereby states claim criminal jurisdiction over people whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence or any other relationship to the prosecuting country. The state backs its claim on the grounds that

2023-434: A part of Asia), accounting for slightly less than 2% of the total area. The total population of the African Union, as of 2017 , is estimated at more than 1.25 billion, with a growth rate of more than 2.5% p.a. The official languages of the African Union are Arabic, English, French, Portuguese, Spanish, Swahili , and "any other African language". The primary working languages of the African Union are English and French. To

2142-604: A prisoner should not be killed, as he "cannot be held responsible for mere acts of belligerency". However, the prohibition against killing non-combatants is not necessarily absolute in Islamic Law. For example, in situations where an "enemy retreats inside fortifications and one-to-one combat is not an option", Islamic jurists have been unanimous as to the permissibility on the use of less discriminating weapons such as mangonels (a weapon for catapulting large stones) if required by military necessity but have differed with respect to

2261-504: A requirement to review human rights cases every four years. The United Nations Sustainable Development Goal 10 also targets the promotion of legislation and policies towards reducing inequality. The Universal Declaration of Human Rights (UDHR) is a UN General Assembly declaration that does not in form create binding international human rights law. Many legal scholars cite the UDHR as evidence of customary international law . More broadly,

2380-468: A result of World War II, all four conventions were revised, based on previous revisions and on some of the 1907 Hague Conventions, and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in 1949. There are three additional amendment protocols to

2499-521: A simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986, in honour of which 21 October was declared African Human Rights Day. The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union , tasked with promoting and protecting human rights and collective (peoples') rights throughout

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2618-501: A threat to the international community as a whole, and that the community has a moral duty to act. Others, like Henry Kissinger , argue that "widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny—that of judges". International humanitarian law International humanitarian law ( IHL ), also referred to as

2737-575: A trial; if captured after rejoining their own army, they must be treated as prisoners of war. Suspected terrorists who are captured during an armed conflict, without having participated in the hostilities, may be detained only in accordance with the GC IV , and are entitled to a regular trial. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. After

2856-646: A unit in itself or to integration of the sub-regions. The 1980 Lagos Plan of Action for the Development of Africa and the 1991 treaty to establish the African Economic Community (also referred to as the Abuja Treaty), proposed the creation of Regional Economic Communities (RECs) as the basis for African integration, with a timetable for regional and then continental integration to follow. Currently, there are eight RECs recognised by

2975-414: A year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets", have also killed many. An estimated 98% of the victims are civilian; farmers tilling their fields and children who find these explosives have been common victims. For these reasons, the following conventions have been adopted: The ICRC is the only institution explicitly named under international humanitarian law as

3094-408: Is a supranational union consisting of 55 African countries. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, in particular by bringing an end to intra-African conflict and creating an effective and productive common market. The Charter on Human and Peoples' Rights is the region's principal human rights instrument, which emerged under

3213-689: Is an autonomous organ of the Organization of American States , also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

3332-685: Is an international organization headquartered in Washington, DC. Its members are the thirty-five independent nation-states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalisation , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (IACHR)

3451-518: Is crucial to recognise, as discussed above, that the two frameworks constitute different legal regimes. The United Nations human rights bodies do have some quasi-legal enforcement mechanisms. These include the treaty bodies attached to the seven currently active treaties, and the United Nations Human Rights Council complaints procedures, with Universal Periodic Review and United Nations Special Rapporteur (known as

3570-499: Is important not to assume perfect alignment. There are areas in which legal norms and cultural practices clash. Violence against women, for example, is frequently legitimized by arguments from culture, and yet is prohibited in IHL and other international law. In such cases, it is important to ensure that IHL is not negatively affected. African Union The African Union ( AU ) is a continental union of 55 member states located on

3689-473: Is intended to facilitate the harmonisation of policies and ensure compliance with the Abuja Treaty and Lagos Plan of Action time frames. In 2006, the AU decided to create a Committee "to consider the implementation of a rotation system between the regions" in relation to the presidency. Controversy arose at the 2006 summit when Sudan announced its candidacy for the AU's chairmanship, as a representative of

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3808-631: Is made up of two historical streams: The two streams take their names from a number of international conferences that took place in those two cities and which produced treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first of which was drawn up in 1863. Both deal with jus in bello , which deals with the question of whether certain practices are acceptable during armed conflict. The Law of The Hague, or

3927-536: Is naked, nor one who is disarmed, nor one who looks on without taking part in the fight." Islamic law states that " non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested. The first Caliph, Abu Bakr , proclaimed, "Do not mutilate. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees. Do not slaughter livestock except for food." Islamic jurists have held that

4046-748: Is separate from the European Union , but the latter is expected to accede to the European Convention on Human Rights. The Council includes all the member states of European Union. The EU also has a separate human rights document, the Charter of Fundamental Rights of the European Union . The European Convention on Human Rights has since 1950 defined and guaranteed human rights and fundamental freedoms in Europe. All 47 member states of

4165-727: Is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law, and has observer status at the United Nations. The seat of the council is in Strasbourg in France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights . These institutions bind

4284-579: The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in October 2007, and the Convention on preventing and combating violence against women and domestic violence in May 2011. The European Court of Human Rights is the only international court with jurisdiction to deal with cases brought by individuals rather than states. In early 2010, the court had

4403-545: The Human Rights Committee under the ICCPR). The International Criminal Court (ICC) has jurisdiction over the crime of genocide , war crimes and crimes against humanity . The European Court of Human Rights and the Inter-American Court of Human Rights enforce regional human rights law. Although these same international bodies also hold jurisdiction over cases regarding international humanitarian law, it

4522-499: The International Covenant on Economic, Social and Cultural Rights ), other treaties have been adopted at the international level. These are generally known as human rights instruments . Some of the most significant include the following: Regional systems of international human rights law supplement and complement national and international human rights law by protecting and promoting human rights in specific areas of

4641-717: The International Criminal Tribunals for the former Yugoslavia and Rwanda ) and mixed tribunals (like the Special Court for Sierra Leone ) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law. IHL has generally not been subject to

4760-579: The New Partnership for Africa's Development (NEPAD) was also established. The African Union was launched in Durban on 9 July 2002 by its first chairperson, former South African head of state Thabo Mbeki , at the first session of the Assembly of the African Union. The second session of the Assembly was held in Maputo in 2003 and the third session in Addis Ababa was held on 6 July 2004. Since 2010,

4879-487: The Nuremberg trials . IHL operates on a strict division between rules applicable in international armed conflict and internal armed conflict . International humanitarian law is traditionally seen as distinct from international human rights law (which governs the conduct of a state towards its people), although the two branches of law are complementary and in some ways overlap. Modern international humanitarian law

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4998-710: The Sahara and the Nile . The primary working languages are Arabic , English , French , Portuguese , Spanish , and Swahili . Within the African Union, there are official bodies, such as the Peace and Security Council and the Pan-African Parliament . At a G20 (Group of 20) meeting held in Delhi , India in 2023, the African Union was admitted as a member to the G20 like the European Union . The objectives of

5117-677: The Sahrawi Arab Democratic Republic (SADR). Morocco , which claims sovereignty over the Western Sahara , withdrew from the Organisation of African Unity in 1984 due to the admission of the SADR as a member. On 30 January 2017, the AU readmitted Morocco as a member state. Somaliland 's 2005 application to join the AU is still pending. Mali was suspended from the African Union on 19 August 2020 following

5236-630: The United Nations Security Council resolution 2664 (2022). This includes incorporating humanitarian exemptions into EU sanctions regimes, ensuring that aid can reach those in need without legal barriers. This shift has led to the inclusion of comprehensive humanitarian exemptions in new sanctions frameworks for Niger and Sudan, and the amendment of existing regimes to incorporate similar exemptions, thereby covering key humanitarian contexts in countries like Lebanon, Myanmar, and Venezuela. IHL emphasises, in various provisions in

5355-422: The laws of armed conflict , is the law that regulates the conduct of war ( jus in bello ). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants . International humanitarian law is inspired by considerations of humanity and

5474-476: The laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm". In particular, it concerns itself with Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare

5593-596: The rights of fair and regular trial ", because they are still covered by GC IV, Article 5 . Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant". Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Spies may only be punished following

5712-682: The 1235 and 1503 mechanisms respectively). The enforcement of international human rights law is the responsibility of the nation state ; it is the primary responsibility of the State to make the human rights of its citizens a reality. In practice, many human rights are difficult to enforce legally, due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

5831-580: The 18th AU summit. The complex was built by China State Construction Engineering Corporation as a gift from the Chinese government , and accommodates, among other facilities, a 2,500-seat plenary hall and a 20-story office tower. The tower is 99.9 meters high to signify the date 9 September 1999, when the Organisation of African Unity voted to become the African Union. The building cost US$ 200 million to construct. On 26 January 2018, five years after

5950-572: The AU are made by the Assembly of the African Union , a semi-annual meeting of the heads of state and government of its member states. The AU's secretariat, the African Union Commission , is based in Addis Ababa . The largest city in the AU is Lagos, Nigeria while the largest urban agglomeration is Cairo, Egypt . The African Union has more than 1.3 billion people and an area of around 30 million km (12 million sq mi) and includes world landmarks such as

6069-547: The AU, each established under a separate regional treaty. They are: The membership of many of the communities overlaps, and their rationalisation has been under discussion for several years—and formed the theme of the 2006 Banjul summit. At the July 2007 Accra summit the Assembly finally decided to adopt a Protocol on Relations between the African Union and the Regional Economic Communities. This protocol

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6188-550: The AU—over thirty states have ratified the Kampala Convention , the only continental treaty focusing on internally displaced persons in the world. Beginning in 2016, the African Union introduced continent-wide passports. The individual member states of the African Union coordinate foreign policy through this agency, in addition to conducting their own international relations on a state-by-state basis. The AU represents

6307-641: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by fifteen countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

6426-581: The African Union are: The African Union is made up of both political and administrative bodies. The highest decision-making organ is the Assembly of the African Union , made up of all the heads of state or government of member states of the AU. The Assembly is chaired by Félix Tshisekedi , President of the Democratic Republic of the Congo . The AU also has a representative body, the Pan-African Parliament , which consists of 265 members elected by

6545-506: The African Union eyes the establishment of a joint African space agency . Barack Obama was the first-ever sitting United States president to speak in front of the African Union in Addis Ababa on 29 July 2015. During his speech, he encouraged the world to increase economic ties via investments and trade with the continent and lauded the signs of progress made in education , infrastructure and economy . However, he also criticized

6664-424: The African Union originated in the First Congress of Independent African States , held in Accra , Ghana from 15 to 22 April 1958. The conference was aimed at establishing Africa Day to annually mark the liberation movement concerning the willingness of the African people to free themselves from colonial rule, as well as subsequent attempts to unite Africa, including the Organisation of African Unity (OAU), which

6783-449: The African Union project. There are divisions among African states on the proposals, with some (notably Libya ) following a maximalist view leading to a common government with an AU army; and others (especially the southern African states) supporting rather a strengthening of the existing structures, with some reforms to deal with administrative and political challenges in making the AU Commission and other bodies truly effective. Following

6902-565: The African continent, as well as with interpreting the African Charter on Human and Peoples' Rights, and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should

7021-423: The Constitutive Act of the African Union, The working languages of the Union and all its institutions shall be, if possible, African languages, Arabic, English, French and Portuguese. A protocol amending the Constitutive Act was adopted in 2003 and as of April 2020 has been ratified by 30 of the 37 member states needed for a two-thirds majority. It would change the above wording to, 1. The official languages of

7140-454: The Council of Europe have signed this convention, and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. In order to prevent torture and inhuman or degrading treatment, the Committee for the Prevention of Torture was established. The Council of Europe also adopted the Convention on Action against Trafficking in Human Beings in May 2005, for protection against human trafficking and sexual exploitation ,

7259-405: The East African region. Several member states refused to support Sudan because of tensions over Darfur (see also below). Sudan ultimately withdrew its candidacy and President Denis Sassou-Nguesso of the Republic of the Congo was elected to a one-year term. At the January 2007 summit, Sassou-Nguesso was replaced by President John Agyekum Kufuor of Ghana, despite another attempt by Sudan to gain

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7378-509: The Free Movement Protocol. This protocol allows for free movement of people between countries that are part of the African Union. Article 14 of the Protocol to the treaty establishing the African economic community relating to the free movement of persons, right of residence, and the right of establishment discusses the free movement of workers. The African Union also has a Migration Policy Framework for Africa (MPFA). Forced displacement of people and groups has also been an area of focus for

7497-405: The French media report. Moussa Faki Mahamat , head of the African Union Commission, said the allegations in the Le Monde ' s report were false. "These are totally false allegations and I believe that we are completely disregarding them." The African Union replaced its Chinese-supplied servers and started encrypting its communications following the event. In 2018, the African Union adopted

7616-594: The GCs and APs, the concept of formal equality and non-discrimination. Protections should be provided "without any adverse distinction founded on sex". For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men". In addition to claims of formal equality, IHL mandates special protections to women, providing female prisoners of war with separate dormitories from men, for example, and prohibiting sexual violence against women . The reality of women's and men's lived experiences of conflict has highlighted some of

7735-506: The GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. This principle of humane treatment has been affirmed by

7854-503: The Geneva Convention: The Geneva Conventions of 1949 may be seen, therefore, as the result of a process which began in 1864. Today they have "achieved universal participation with 194 parties". This means that they apply to almost any international armed conflict. The Additional Protocols, however, have yet to achieve near-universal acceptance, since the United States and several other significant military powers (like Iran, Israel, India and Pakistan) are currently not parties to them. With

7973-420: The ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts. The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war, civilians, and persons hors de combat . All protected persons shall be treated with

8092-413: The Law of The Hague and the Law of Geneva, but also important human rights provisions. Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross . It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case,

8211-419: The OAU issued the Sirte Declaration (named after Sirte, Libya) on 9 September 1999, calling for the establishment of an African Union. The Declaration was followed by summits at Lomé in 2000, when the Constitutive Act of the African Union was adopted, and at Lusaka in 2001, when the plan for the implementation of the African Union was adopted. During the same period, the initiative for the establishment of

8330-428: The Steering Committees working on their founding have been constituted. Eventually, the AU aims to have a single currency (the Afro ). The principal topic for debate at the July 2007 AU summit held in Accra , Ghana, was the creation of a Union Government, with the aim of moving towards a United States of Africa . A study on the Union Government was adopted in late 2006, and proposes various options for "completing"

8449-421: The UDHR has become an authoritative human rights reference. It has provided the basis for subsequent international human rights instruments that form non-binding, but ultimately authoritative international human rights law. Besides the adoption in 1966 of the two wide-ranging Covenants that form part of the International Bill of Human Rights (namely the International Covenant on Civil and Political Rights and

8568-597: The Union and all its institutions shall be Arabic, English, French, Portuguese, Spanish, Kiswahili and any other African language. 2. The Executive Council shall determine the process and practical modalities for the use of official languages as working languages. Founded in 2001 under the auspices of the AU, the African Academy of Languages promotes the usage and perpetuation of African languages among African people. In 2004 Joaquim Chissano of Mozambique addressed

8687-648: The United Nations adopted the Vienna Declaration and Programme of Action in 1993, in terms of which the United Nations High Commissioner for Human Rights was established. In 2006, the United Nations Commission on Human Rights was replaced with the United Nations Human Rights Council for the enforcement of international human rights law. The changes prophesied a more structured organization along with

8806-490: The adoption of the 1977 Additional Protocols to the Geneva Conventions , the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law (i.e. the protection of certain prisoners of war and civilians in occupied territories). The 1977 Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both

8925-561: The aegis of the Organisation of African Unity (OAU) (since replaced by the African Union ). The intention to draw up the African Charter on Human and Peoples' Rights was announced in 1979. The Charter was unanimously approved at the OAU's 1981 Assembly. Pursuant to Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of

9044-446: The age of eighteen must not be permitted to take part in hostilities, cannot be evacuated to a foreign country by a country other than theirs, except temporarily due to a compelling threat to their health and safety, and if orphaned or separated from their families, must be maintained and receive an education. The European Union has made significant changes to its sanctions policy to better safeguard humanitarian efforts, in response to

9163-560: The assembly in Swahili, but had to translate his words himself. The AU declared 2006 the Year of African Languages. 2006 also marked Ghana's 55th anniversary since it founded the Bureau of Ghana Languages originally known as Gold Coast Vernacular Literature Bureau . All UN member states based in Africa and on African islands are members of the AU, as is the partially recognized state of

9282-583: The case arise, give its views or make recommendations to governments." With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that

9401-523: The chair. The year 2007 was the 50th anniversary of Ghana's independence, a symbolic moment for the country to hold the chair of the AU—and to host the mid-year summit at which the proposed Union Government was also discussed. In January 2008, President Jakaya Kikwete of Tanzania took over as chair, representing the East African region and thus apparently ending Sudan's attempt to become chair—at least till

9520-487: The civilian population. The two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces", including non-nationals and refugees. However, it is accepted that operations may cause civilian casualties. Luis Moreno Ocampo, chief prosecutor of

9639-680: The completion of the building of the AU Headquarters, the French newspaper Le Monde published an article stating that the Chinese government had heavily bugged the building, installing listening devices in the walls and furniture and setting up the computer system to copy data to servers in Shanghai daily. The Chinese government denied that they bugged the building, stating that the accusations were "utterly groundless and ridiculous." Ethiopian Prime Minister Hailemariam Desalegn rejected

9758-503: The conduct and responsibilities of belligerent nations, neutral nations , and individuals engaged in warfare, in relation to each other and to protected persons , usually meaning non-combatants . It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering. Serious violations of international humanitarian law are called war crimes . While IHL ( jus in bello ) concerns

9877-548: The conflict, as well as to military personnel hors de combat . It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC. This focus can be found in the Geneva Conventions . The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. It focused on the protection of civilians and those who can no longer fight in an armed conflict. As

9996-576: The continent of Africa . The AU was announced in the Sirte Declaration in Sirte, Libya , on 9 September 1999, calling for the establishment of the African Union. The bloc was launched on 9 July 2002 in Durban , South Africa . The intention of the AU was to replace the Organisation of African Unity (OAU), established on 25 May 1963 in Addis Ababa by 32 signatory governments; the OAU was disbanded on 9 July 2002. The most important decisions of

10115-687: The council's members to a code of human rights which, although strict, is more lenient than that of the UN Charter on human rights. The council also promotes the European Charter for Regional or Minority Languages and the European Social Charter . Membership is open to all European states which seek European integration , accept the principle of the rule of law , and are able and willing to guarantee democracy, fundamental human rights and freedoms . The Council of Europe

10234-418: The country's President Alpha Condé . Sudan's membership was suspended by the African Union on 27 October 2021, after a military coup deposed the civilian government led by Prime Minister Abdalla Hamdok . Burkina Faso's membership was suspended by the African Union in the aftermath of a military coup on 31 January 2022. Niger's membership was suspended by the African Union on 22 August 2023 following

10353-477: The crime committed is considered a crime against all, which any state is authorized to punish. The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes , or owed to the entire world community, as well as the concept of jus cogens . In 1993, Belgium passed a "law of universal jurisdiction" to give its courts jurisdiction over crimes against humanity in other countries. In 1998, Augusto Pinochet

10472-522: The execution of POWs . At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant , a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino , led to more systematic efforts to prevent the suffering of war victims. Dunant wrote a book, which he titled A Memory of Solferino , in which he described

10591-748: The first of its kind in the West. It was not until the second half of the 19th century, however, that a more systematic approach was initiated. In the United States, a German immigrant, Francis Lieber , drew up a code of conduct in 1863, which came to be known as the Lieber Code , for the Union Army during the American Civil War . The Lieber Code included the humane treatment of civilian populations in areas of conflict, and also forbade

10710-470: The formation of the Union Government." Following this decision, a panel of eminent persons was set up to conduct the "audit review". The review team began its work on 1 September 2007. The review was presented to the Assembly of Heads of State and Government at the January 2008 summit in Addis Ababa. No final decision was taken on the recommendations, however, and a committee of ten heads of state

10829-548: The future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of the African Union is intended to be the "principal judicial organ of the Union". Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as to act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

10948-496: The gender limitations of IHL. Feminist critics have challenged IHL's focus on male combatants and its relegation of women to the status of victims, and its granting them legitimacy almost exclusively as child-rearers. A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers. Others have argued that

11067-839: The global level as early as the 1907 Second Hague Conference, and have continued to do so since. ICRC studies on the Middle East, Somalia, Latin America, and the Pacific, for example have found that there are traditional and long-standing practices in various cultures that preceded, but are generally consistent with, modern IHL. It is important to respect local and cultural practices that are in line with IHL. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities. Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it

11186-546: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are therefore adjudicatory and advisory: Many countries in the Americas, including Colombia, Cuba, Mexico and Venezuela, have been accused of human rights violations. The Council of Europe , founded in 1949,

11305-919: The horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field . The Law of Geneva is directly inspired by the principle of humanity . It relates to those who are not participating in

11424-468: The international criminal court, wrote in 2006: "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) ... or an attack is launched on a military objective in

11543-591: The issue of sexual violence against men in conflict has not yet received the attention it deserves. Soft-law instruments have been relied on to supplement the protection of women in armed conflict: Read together with other legal mechanisms, in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), these can enhance interpretation and implementation of IHL. In addition, international criminal tribunals (like

11662-508: The knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)." The provisions and principles of IHL which seek to protect civilians are: The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on

11781-429: The laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal . Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war , but only after facing a "competent tribunal". At that point, they become unlawful combatants , but must still be "treated with humanity and, in case of trial, shall not be deprived of

11900-536: The mechanisms of international courts like the ICC, has reinforced the notion that victims of war crimes and other serious breaches of International Humanitarian Law have a recognized right to seek reparations. These reparations can take various forms, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition, aimed at addressing the physical, psychological, and material damage suffered by victims. The Fourth Geneva Convention focuses on

12019-491: The mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions ), customary international law , general principles of nations, and case law . It defines

12138-599: The national legislatures of the AU member states. Its president is Roger Nkodo Dang . Other political institutions of the AU include: The AU Commission , the secretariat to the political structures, is chaired by Nkosazana Dlamini-Zuma of South Africa. On 15 July 2012, Dlamini-Zuma won a tightly contested vote to become the first female head of the African Union Commission, replacing Jean Ping of Gabon . Other AU structures are hosted by different member states: The AU's first military intervention in

12257-835: The offshore islands of Africa: Spain (the Canary Islands and the islands of the plazas de soberanía ); France ( Mayotte , Réunion , and the Scattered Islands in the Indian Ocean ); Portugal (the Azores , Madeira , and the Savage Islands ); and the United Kingdom ( Saint Helena, Ascension and Tristan da Cunha ). The geography of the African Union is wildly diverse, including the world's largest hot desert (the Sahara ), huge jungles and savannas , and

12376-512: The one hand, and civilians and civilian objects on the other; and only to target the former. It also provides that civilians lose such protection should they take a direct part in hostilities. The principle of distinction has also been found by the ICRC to be reflected in state practice; it is therefore an established norm of customary international law in both international and non-international armed conflicts. Necessity and proportionality are established principles in humanitarian law. Under IHL,

12495-411: The persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war activities under a white flag or a red cross is itself a violation of the laws of war. These examples of the laws of war address: It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of

12614-773: The protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times. In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners. In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master." In ancient India there are records (the Laws of Manu , for example) describing

12733-490: The rotation returned to East Africa. The current chair is Mohamed Ould Ghazouani , President of Mauritania , whose term began on February 17, 2024. The main administrative capital of the African Union is in Addis Ababa , Ethiopia , where the African Union Commission is headquartered. A new headquarters complex, the AU Conference Center and Office Complex (AUCC), was inaugurated on 28 January 2012, during

12852-501: The rules and principles governing the conduct of warfare once armed conflict has begun, jus ad bellum pertains to the justification for resorting to war and includes the crime of aggression . Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at

12971-538: The same consideration by parties to the conflict, without distinction based on race, religion, sex or political opinion. Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination. The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non-international armed conflict. Women must be protected from rape, forced prostitution and from any form of indecent assault. Children under

13090-420: The same debates and criticisms of " cultural relativism " as have international human rights . Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new, and European in name, the core concepts are not new, and laws relating to warfare can be found in all cultures. Indeed, non-Western participants played important roles in the development of this area of law at

13209-408: The types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blazing with fire." There is also the command not to strike a eunuch nor the enemy "who folds his hands in supplication ... Nor one who sleeps, nor one who has lost his coat of mail, nor one who

13328-649: The use of fire in such cases. The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of Santa Ana de Trujillo. This treaty was signed under the conflict of Independence, being

13447-493: The world's longest river (the Nile ). The AU has an area of 29,922,059 square kilometres (11,552,972 sq mi), with 24,165 kilometres (15,015 mi) of coastline. The vast majority of this area is on continental Africa, while the only significant territories off the mainland are the island of Madagascar (the world's largest microcontinent and fourth-largest island ) and the Sinai Peninsula (geographically

13566-512: The world. There are three key regional human rights instruments which have established human rights law on a regional basis: The Organisation of American States and the Council of Europe , like the UN, have adopted treaties (albeit with weaker implementation mechanisms) containing catalogues of economic, social and cultural rights , in addition to the aforementioned conventions dealing mostly with civil and political rights : The African Union (AU)

13685-458: Was appointed to consider the review and report back to the July 2008 summit to be held in Egypt. At the July 2008 summit, a decision was once again deferred, for a "final" debate at the January 2009 summit to be held in Addis Ababa. One of the key debates in relation to the achievement of greater continental integration is the relative priority that should be given to integration of the continent as

13804-630: Was arrested in London following an indictment by Spanish judge Baltasar Garzón under the universal-jurisdiction principle. Adolf Eichmann who was the former Nazi SS lieutenant colonel accused of overseeing the transfer of Jews to Holocaust death camps also persecuted in Israel in 1961. Adolf was living in Argentina after the war. The principle is supported by Amnesty International and other human rights organisations , which believe that certain crimes pose

13923-473: Was destroyed or looted." In the 17th century, the Dutch jurist Hugo Grotius , widely regarded as the founder or father of public international law, wrote that "wars, for the attainment of their objects, it cannot be denied, must employ force and terror as their most proper agents". Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for

14042-506: Was established on 25 May 1963, and the African Economic Community in 1991. Critics argued that the OAU in particular did little to protect the rights and liberties of African citizens from their own political leaders, often dubbing it the "Dictators' Club". The idea of creating the AU was revived in the mid-1990s under the leadership of Libyan head of state Muammar al-Gaddafi ; the heads of state and governments of

14161-541: Was to overcome the enemy state, which could be done by disabling the enemy combatants. Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle". Fritz Munch sums up historical military practice before 1800: "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property

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