Obinna Ifediora

This paper constructs the African Union (AU) claim of sovereignty within the debate among international relations scholars about change and continuity in “institutions” and “structures” of the international system. I develop a theory of change: internationalization of authority transformed international organizations (IOs) into state structures possessing sovereignty as transferred authority. Dominant IOs, like the UN, are legitimated by constituent structures, including regional organizations. But there has been a legitimation crisis as the constituent structures oppose dominant IOs’ legitimacy. The rules of IO legitimation must comprise a complete representation of constituent structures in decision-making organs and the alignment of norms, values, priorities, interests, or goals with constituent structures. Noncompliance with these rules will cause fundamental changes. I base the theory on constructivist accounts of change. Specifically, the sovereignty framework, which I expand ...

Studies on international mediation for the prevention of genocide or atrocities in the context of implementing the Responsibility to Protect (R2P) principle have argued that effectiveness hangs on coercive strategies, particularly sanctions measures. Following the coercion premise, this paper posits that judicial and military mechanisms are equally essential elements of effective coercion campaigns. Drawing on the UN doctrines of R2P and the rule of law in conflict, as well as the concepts of power, directive, and multiparty mediation in international relations, I analyse the successful cases of Kenya and Guinea. The evidence supports the proposition: success depends on complementing sanctions with judicial and military mechanisms. Significantly, these coercive instruments must be concurrently deployed to successfully influence the conflict parties’ or perpetrators’ behaviour and decision-making.

The UN peace operations have undergone significant revisions to calibrate mission mandates in tandem with emerging threats to international peace and security, especially non-traditional security (NTS) threats that stem from governance challenges. These multidimensional missions essentially perform statebuilding interventions (SBIS) through capacity-building programmes. The future of these missions depends on negotiated political settlements that facilitate the creation of accountable institutions and inclusive societies. Scholars debate the future of un peace missions, especially as it relates to stabilization operations. On the one hand, are the “narrowers” who believe that peace operations should remain focused on stabilizing state authorities. On the other hand, are the “broadeners” who favor people-focused stabilization operations. This article argues for a broad approach. Focusing on the role of regional organizations under Chapter VIII of the un Charter, it argues that successive failures by the African Union to implement its doctrinal instruments, particularly the Post Conflict Reconstruction and Development Policy, the African Charter on Democracy, Elections and Governance and the Common African Defence and Security Policy has narrowed its peace interventions in Africa to peace enforcement operations. To be relevant, the African Union needs to focus on the challenges of governance in Africa.

Ten years after its endorsement by the un General Assembly, the operationalisation of the Responsibility to Protect (RtoP) concept faces challenges of consistency and capacity. Too often, global politics at the world’s premier intergovernmental body, the un, hampers effective action. Regional arrangements have a crucial role to play in this regard, however, questions of capacity to live up to this expectation remain. The Peace and Security Council (psc) of the African Union (au), mandated to implement the African Peace and Security Architecture (apsa) has primarily focused on developing the African Standby Force (asf), which the au succeeded in bringing to its ‘Full Operational Capability’ (foc) in December 2015 for implementation. Deploying the asf in deserving cases, for instance in Burundi in 2016, raises issues of sovereign consent, risks and costs. To avoid these complexities, this article argues that regional arrangements under Chapter viii are primarily pacific tools of the S...

The African Union (AU) has rejected R2P and opposed the UN Security Council-authorized military action in Libya for human rights protection, claiming primacy in decision-making on peace and security interventions on the continent. Yet, existing studies have assumed that the right to protect, as the AU established in article 4(h) of the Constitutive Act, is compatible with R2P. Drawing on the concept of regional multilateralism, this article argues that the right to protect involves a unique African logic and ambition, albeit with an extraordinary significance for global security governance. Particularly, the right to protect is a robust, bold, stable, and uncontested international security regime, which favourable Permanent Five members of the Security Council can turn to when facing the twin problems of legitimacy and veto-induced paralysis. However, such P5 members must embrace the AU’s novel principle: continental sovereignty, which underlines the AU’s primacy claims in decision-...

This article explains the problem facing the UN and African regional organizations in applying the principle of subsidiarity in peacemaking. It draws on the concept of norm subsidiarity and examines African norm-setting instruments. It argues that the African Union is a subsidiary actor in the global order, making parallel but distinct norms to export globally, retain autonomy, claim primacy, and deflect implementing uncomfortable external principles. Conversely, African subregional organizations are localizing actors, willing to accept or modify global and regional rules. The significance is that existing studies assume that the AU is or should be a localizing agent, as Chapter VIII of the UN Charter anticipated. Essentially, current studies have subsumed African norms under international rules, denying the importance of African rule-making power. This study shows that African norms underpin subsidiarity and agency in peacemaking and therefore matter. This article contributes to th...

This article explains the role of coercion in international mediation of violent conflict involving atrocity crimes from the parties’ perspectives. It draws on coercion theory and expands the framework of atrocity mediation, examining the successful yet controversial African Union mediation in Kenya. Coercion theory aims to solve what this study reads as the agent-coercion problem in the international system: agents retain choice despite coercion by more powerful actors. The framework argues that conflict parties are rational, legitimate voluntary agents who always have choices. Strategy requires mediators to create ripeness using enticing mediation or settlement proposals. Then coercion’s role would be to build consensus on peace offers, persuading reluctant parties that compromise is the better choice than resistance. Coercion infuses a sense of urgency in the parties’ contemplation of the cost/benefit implications of their choices, accelerating decision-making. The study contribu...

This article explains the problem facing the UN and African regional organizations in applying the principle of subsidiarity in peacemaking. It draws on the concept of norm subsidiarity and studies African norm-setting instruments. It finds that the African Union is a subsidiary agent in the global order and formulates parallel but distinct norms to retain autonomy, claim primacy and deflect implementing uncomfortable external principles. The AU policies show the norm subsidiary, not localizing, behaviour. Conversely, African subregional organizations exhibit the norm localizing behaviour, indicating the willingness to modify and accept global and regional rules. The significance is that existing knowledge assumes that the AU is or should be a localizing agent, as Chapter VIII of the UN Charter prescribed. Crucially, African norms matter because they are a fundamental characteristic of African agency. This paper contributes to a broader understanding of African agency in internation...

The puzzle of the African Union mediation is that it enjoys regional effectiveness in leading peace processes and yet often fails to prevent atrocity crimes. While existing studies focus on the lack of capacity to explain failures, I draw on atrocity mediation literature that emphasizes coercive strategies for ripening to explore widely significant factors associated with the AU mediation. I adopt the “framework of mediator behavior” in international mediation studies to analyze AU policies on conflict responses and the mediation in South Sudan. My approach is consistent with the content analysis of qualitative data. I find that the significant factor in the AU mediation is the “patient” policy, like “strategic patience.” The policy reflects formulative strategy of conflict mediation that describes the mediator who controls the process but shifts control of substantive decision-making to the parties. Formulative strategy is technically non-coercive, so the AU embraces it to respect ...

The un peace operations have undergone significant revisions to calibrate mission mandates in tandem with emerging threats to international peace and security, especially non-traditional security (nts) threats that stem from governance challenges. These multidimensional missions essentially perform statebuilding interventions (sbis) through capacity-building programmes. The future of these missions depends on negotiated political settlements that facilitate the creation of accountable institutions and inclusive societies. Scholars debate the future of un peace missions, especially as it relates to stabilization operations. On the one hand, are the " narrowers " who believe that peace operations should remain focused on stabilizing state authorities. On the other hand, are the " broadeners " who favor people-focused stabilization operations. This article argues for a broad approach. Focusing on the role of regional organizations under Chapter viii of the un Charter, it argues that successive failures by the African Union to implement its doctrinal instruments, particularly the Post

Ten years after its endorsement by the un General Assembly, the operationalisation
of the Responsibility to Protect (RtoP) concept faces challenges of consistency and
capacity. Too often, global politics at the world’s premier intergovernmental body, the
un, hampers effective action. Regional arrangements have a crucial role to play in this
regard, however, questions of capacity to live up to this expectation remain. The Peace
and Security Council (psc) of the African Union (au), mandated to implement the
African Peace and Security Architecture (apsa) has primarily focused on developing
the African Standby Force (asf), which the au succeeded in bringing to its ‘Full Operational
Capability’ (foc) in December 2015 for implementation. Deploying the asf
in deserving cases, for instance in Burundi in 2016, raises issues of sovereign consent,
risks and costs. To avoid these complexities, this article argues that regional arrangements
under Chapter viii are primarily pacific tools of the Security Council; focusing
on harnessing these peaceful mechanisms of conflict prevention offers potential for
consistent and effective ‘first responses’ to crises, with fewer complications. Regional
arrangements as mediation tools present great opportunity for peaceful settlement
of local disputes. Support for mediation is typically by peace operations. This article
proposes that mediation support by a ‘preventive arbitration’ tool through ‘popular
participation’ under the African Governance Architecture (aga) may have a pivotal
role in this respect. Therefore, a regional responsibility to protect, through greater mediation,
requires mediating challenges of governance in Africa.

Abstract
The doctrine of human protection as articulated by United Nations Secretary-General Ban Ki-moon in the Cyril Foster Lecture in February 2011 addresses immediate threats to human security. International responses to such threats are often initiated in the context of peace support operations by the United Nations (UN). These pacific measures available under Article 33 of the UN Charter, in particular international mediation, are fairly well developed within the UN. The role of regional organisations, particularly the African Union (AU), can be enhanced if these tools, such as mediation, are equally developed. As proposed in this article, this will involve restructuring the African Peace and Security Architecture (APSA) and African Governance Architecture (AGA) so as to bring mediation within the ambit of the latter, in line with the proposed Mediation Support Unit, and remove it from its current location under the APSA. Strengthening the AU’s mediation capacity may also require developing additional pacific tools, such as arbitration. Arbitration capacities could then be integrated into a mediation mechanism for enhanced human protection. This article theorises the concept of ‘preventive arbitration’ as a means of strengthening the AU’s pacific mechanisms for conflict prevention through peaceful means.

RtoP was introduced to help build global political consensus around questions of sovereignty and intervention for human protection purpose. The effect being that sovereignty is no longer absolute. However, the African Union now asserts what I refer to as continental sovereignty - international community now has to address its concerns relating to sovereignty over Africa and implementation of RtoP in Africa.