File #2357: "2018_Book_PeaceMaintenanceInAfrica.pdf"
Text
1|Preface|5
1|Contents|7
1|The Relationship Between the UN Security Council and the AU Peace and Security Council in the Field of Peacekeeping|8
2|1 The Regulatory Framework in the UN Charter|9
2|2 The Control of the Security Council over the Actions of Regional Organizations Utilized or Authorized by It|13
2|3 The Rules Contained in the Constitutive Act of the African Union and in the Protocol Relating to the Establishment of the Pe...|20
2|4 The Approach Which Emphasize the Autonomy of the Application of the Rules in Question in Relation to Security Council´s Powe...|23
2|5 Criticism of the Opinions in Question|24
2|6 The Scope of Article 17 of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union|26
2|7 The Approach of the Peace and Security Council to Operate in Member States of the AU After the Authorization Required to the...|29
2|8 The Financial and Strategic Dependence of the AU (and Other African Organizations) from External Aid|31
2|9 The Role that Under the Rules in Question May Be Available to the African Union Peace and Security Council, in View of Its R...|34
2|References|37
1|The African Security System: Between the Quest for Autonomy and the External Financial Dependence|41
2|1 Introduction|42
2|2 The Quest for Autonomy at the Background of the African Security System|43
2|3 The Legal Frame|44
2|4 The African Peace and Security Architecture|46
2|5 The Funding of the Organs and Mechanisms|50
2|6 The Funding of the Main AU Operative Actions|52
2|7 The Role of the UN in the AU Operative Actions|56
2|8 The African Security System as a `Donor-Dependent´ System|59
2|References|60
1|EU-UN Cooperation in Multifunctional Peace Operations in Africa|63
2|1 Preliminary Remarks|64
2|2 The European Union Military Crisis Management Operations in the Context of the Common Security and Defence Policy|65
2|3 The EU Action for the Maintenance of International Peace and Security in Africa|68
2|4 The EU Military Operations in African Crisis Specifically Authorized by the UN Security Council|71
2|5 The Recognition by the United Nations of the European Union Role in Supporting Its Action to Maintain International Peace an...|76
2|References|80
1|NATO and Peace Maintenance in Africa|82
2|1 Introduction: The Evolving Role of NATO in Peace Maintenance Operations|83
2|2 NATO´S Operations in Africa. NATO Acting at Request of the African Union|86
3|2.1 NATO Assisting the AU in Darfur (Sudan)|86
3|2.2 NATO Assisting the AU in Somalia|93
3|2.3 NATO Contributing to the Establishment of an African Standby Force|96
2|3 NATO Acting to Implement Resolutions of the United Nations Security Council|97
3|3.1 NATO Countering Piracy off the Horn of Africa|97
3|3.2 NATO´s Intervention in Libya|100
2|4 The Legal Foundation of NATO´s Interventions in Africa|104
2|5 Concluding Remarks|111
2|References|112
1|The Role of the International Financial Institutions in Fragile and Conflict-Affected Countries|116
2|1 A Changing Theoretical Understanding of the Linkages Between Conflict, Security, Development and Sustainable Peace|117
2|2 The World Bank´s Involvement in Conflict-Affected States|119
3|2.1 From the Bank´s Original Reconstruction Mandate to Emergency Recovery Assistance|120
3|2.2 Operational Policy 8.00: Rapid Response to Crises and Emergencies|121
3|2.3 Operational Policy 2.30: Development Cooperation and Conflict|123
3|2.4 The World Bank´s Assistance to Fragile and Conflict-Affected Countries|125
2|3 The IMF´s Role in Post-Conflict and Fragile Countries|129
3|3.1 Staff Monitored Programs (SMPs)|129
3|3.2 The Introduction of the Emergency Post-Conflict Assistance Policy|131
3|3.3 The New Architecture of the IMF Concessional Facilities|134
3|3.4 The Review of the Fund´s Engagement in Post-Conflict and Fragile Countries|135
2|4 Conclusions|137
2|References|138
1|Transitional Justice in Africa: Between the Fight Against Impunity and Peace Maintenance|140
2|1 Preliminary Remarks|141
2|2 The Different Approaches to Transitional Justice: No Peace Could Be Achieved Without Justice|142
2|3 Justice May Prevent Peace and Reconciliation|145
2|4 Transitional Justice Experiences in the African Continent|147
2|5 States´ Duty to Punish Crimes Under Treaty Law|154
2|6 Is the Treaty Duty to Punish Crimes Incompatible with Amnesties and Traditional TJ Mechanisms?|157
2|7 The Customary Duty to Punish International Crimes|159
2|8 International Crimes and National Law Granting Amnesties|162
2|9 The Relationship Between Transitional Justice Traditional Mechanisms and the Customary Duty to Punish International Crimes|166
2|References|169
1|The Relationship Between the African States and the International Criminal Court: Immunity or Impunity?|174
2|1 Preliminary Remarks|175
2|2 The Change of Attitude of the African States Towards the ICC|176
2|3 The al-Bashir Case: The Duties of Sudan|182
2|4 and the Commitments of ICC Member States|184
2|5 The Complementarity Issue and the Search for an Alternative Regional Court to Prosecute the Grave Crimes Committed in Africa|188
2|6 Concluding Remarks|190
2|References|192
1|Contents|7
1|The Relationship Between the UN Security Council and the AU Peace and Security Council in the Field of Peacekeeping|8
2|1 The Regulatory Framework in the UN Charter|9
2|2 The Control of the Security Council over the Actions of Regional Organizations Utilized or Authorized by It|13
2|3 The Rules Contained in the Constitutive Act of the African Union and in the Protocol Relating to the Establishment of the Pe...|20
2|4 The Approach Which Emphasize the Autonomy of the Application of the Rules in Question in Relation to Security Council´s Powe...|23
2|5 Criticism of the Opinions in Question|24
2|6 The Scope of Article 17 of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union|26
2|7 The Approach of the Peace and Security Council to Operate in Member States of the AU After the Authorization Required to the...|29
2|8 The Financial and Strategic Dependence of the AU (and Other African Organizations) from External Aid|31
2|9 The Role that Under the Rules in Question May Be Available to the African Union Peace and Security Council, in View of Its R...|34
2|References|37
1|The African Security System: Between the Quest for Autonomy and the External Financial Dependence|41
2|1 Introduction|42
2|2 The Quest for Autonomy at the Background of the African Security System|43
2|3 The Legal Frame|44
2|4 The African Peace and Security Architecture|46
2|5 The Funding of the Organs and Mechanisms|50
2|6 The Funding of the Main AU Operative Actions|52
2|7 The Role of the UN in the AU Operative Actions|56
2|8 The African Security System as a `Donor-Dependent´ System|59
2|References|60
1|EU-UN Cooperation in Multifunctional Peace Operations in Africa|63
2|1 Preliminary Remarks|64
2|2 The European Union Military Crisis Management Operations in the Context of the Common Security and Defence Policy|65
2|3 The EU Action for the Maintenance of International Peace and Security in Africa|68
2|4 The EU Military Operations in African Crisis Specifically Authorized by the UN Security Council|71
2|5 The Recognition by the United Nations of the European Union Role in Supporting Its Action to Maintain International Peace an...|76
2|References|80
1|NATO and Peace Maintenance in Africa|82
2|1 Introduction: The Evolving Role of NATO in Peace Maintenance Operations|83
2|2 NATO´S Operations in Africa. NATO Acting at Request of the African Union|86
3|2.1 NATO Assisting the AU in Darfur (Sudan)|86
3|2.2 NATO Assisting the AU in Somalia|93
3|2.3 NATO Contributing to the Establishment of an African Standby Force|96
2|3 NATO Acting to Implement Resolutions of the United Nations Security Council|97
3|3.1 NATO Countering Piracy off the Horn of Africa|97
3|3.2 NATO´s Intervention in Libya|100
2|4 The Legal Foundation of NATO´s Interventions in Africa|104
2|5 Concluding Remarks|111
2|References|112
1|The Role of the International Financial Institutions in Fragile and Conflict-Affected Countries|116
2|1 A Changing Theoretical Understanding of the Linkages Between Conflict, Security, Development and Sustainable Peace|117
2|2 The World Bank´s Involvement in Conflict-Affected States|119
3|2.1 From the Bank´s Original Reconstruction Mandate to Emergency Recovery Assistance|120
3|2.2 Operational Policy 8.00: Rapid Response to Crises and Emergencies|121
3|2.3 Operational Policy 2.30: Development Cooperation and Conflict|123
3|2.4 The World Bank´s Assistance to Fragile and Conflict-Affected Countries|125
2|3 The IMF´s Role in Post-Conflict and Fragile Countries|129
3|3.1 Staff Monitored Programs (SMPs)|129
3|3.2 The Introduction of the Emergency Post-Conflict Assistance Policy|131
3|3.3 The New Architecture of the IMF Concessional Facilities|134
3|3.4 The Review of the Fund´s Engagement in Post-Conflict and Fragile Countries|135
2|4 Conclusions|137
2|References|138
1|Transitional Justice in Africa: Between the Fight Against Impunity and Peace Maintenance|140
2|1 Preliminary Remarks|141
2|2 The Different Approaches to Transitional Justice: No Peace Could Be Achieved Without Justice|142
2|3 Justice May Prevent Peace and Reconciliation|145
2|4 Transitional Justice Experiences in the African Continent|147
2|5 States´ Duty to Punish Crimes Under Treaty Law|154
2|6 Is the Treaty Duty to Punish Crimes Incompatible with Amnesties and Traditional TJ Mechanisms?|157
2|7 The Customary Duty to Punish International Crimes|159
2|8 International Crimes and National Law Granting Amnesties|162
2|9 The Relationship Between Transitional Justice Traditional Mechanisms and the Customary Duty to Punish International Crimes|166
2|References|169
1|The Relationship Between the African States and the International Criminal Court: Immunity or Impunity?|174
2|1 Preliminary Remarks|175
2|2 The Change of Attitude of the African States Towards the ICC|176
2|3 The al-Bashir Case: The Duties of Sudan|182
2|4 and the Commitments of ICC Member States|184
2|5 The Complementarity Issue and the Search for an Alternative Regional Court to Prosecute the Grave Crimes Committed in Africa|188
2|6 Concluding Remarks|190
2|References|192