Evaluating Situations When a Country is Allowed Under International Law to Intervene in the Affairs of Other Countries

Table of Contents

Introduction

1. THE CONCEPT OF INTERVENTION AND THE PRINCIPLE OF NON-INTERVENTION UNDER INTERNATIONAL LAW

1.1 The evolution of the principle of Non-Intervention under the UN Charter.

1.2 The interpretation of Article 2(4) of the U.N. Charter.

1.3 The Principle of Non-Intervention in the context of the African Union and ECOWAS regional and sub-regional organizations.

2. THE LEGALITY OF AFRICAN REGIONAL INTERVENTION IN THE GAMBIA AND THE CONCURRENT POSITION OF THE U.N. CHARTER ON SUCH DEVELOPMENTS

2.1 The mandate of regional arrangements and their role in dispute settlement under the U.N. Charter and Multi-lateral Treaties.

2.2 The legal status of the Gambia on the ECOWAS’ Protocol on Democracy and Good Governance (A/SP1/12/01).

2.3 The question of legitimacy under domestic laws of The Gambia.

2.4 The position of the U.N. Security Council with regards to the regional intervention in the Gambia Post-election Crisis.

2.5. The threat of the Use of Force in The Gambia by the ECOWAS & AU regional organization.

3. PRO-DEMOCRATIC INTERVENTION IN CURRENT INTERNATIONAL LAW: GOOD OR BAD?

3.1 Legal Justification of Political Intervention under International law

3.2 Intervention by consent and the question of “who is in control to give consent” in a dilemma of legitimacy?

3.3 Opinion on Pro-democratic Intervention: Good or Bad?

Objectives and Core Themes

This thesis examines the legality of military and political interventions by States and regional organizations under international law, using the 2016/17 Gambian post-election crisis as a central case study to assess the tension between the principle of non-intervention and the emerging norm of pro-democratic intervention.

• The legality and legitimacy of regional interventions under the UN Charter framework.
• The interpretation of the principle of non-intervention and Article 2(4) regarding the use of force.
• The effectiveness of regional protocols in mediating constitutional crises and preventing sub-regional conflict.
• The validation of "intervention by invitation" as a contemporary legal justification for regional armed action.

Excerpt from the Book

Summary of Chapters

1. THE CONCEPT OF INTERVENTION AND THE PRINCIPLE OF NON-INTERVENTION UNDER INTERNATIONAL LAW: Evaluates the historical foundation and interpretation of the non-intervention principle and Article 2(4) of the UN Charter. It explores the evolution of this principle in international law and specifically within African regional frameworks.

2. THE LEGALITY OF AFRICAN REGIONAL INTERVENTION IN THE GAMBIA AND THE CONCURRENT POSITION OF THE U.N. CHARTER ON SUCH DEVELOPMENTS: Analyzes the specific circumstances of the 2016/17 Gambian impasse, addressing the role of regional protocols in mediating the constitutional crisis and questioning whether the intervention was legally authorized by the UN Security Council.

3. PRO-DEMOCRATIC INTERVENTION IN CURRENT INTERNATIONAL LAW: GOOD OR BAD?: Discusses the shifting paradigm of pro-democratic intervention in Africa. It evaluates the legality of interventions based on "invitation" and assesses whether such actions represent a positive advancement for proactive dispute resolution.

Keywords

International Law, Non-Intervention, UN Charter, Regional Intervention, The Gambia, ECOWAS, African Union, Post-Election Crisis, Article 2(4), Pro-democratic Intervention, Intervention by Invitation, Constitutional Crisis, Sovereignty, Responsibility to Protect, Use of Force.

Frequently Asked Questions

What is the primary focus of this thesis?

The thesis focuses on the legality of state and regional interventions under international law, specifically examining the balance between sovereignty, the principle of non-intervention, and the necessity of preventing political crises through regional action in the case of The Gambia.

What are the central thematic areas of the research?

The main themes include the legal boundaries of intervention as defined by the UN Charter, the role of regional organizations in conflict management, the validity of "intervention by invitation," and the evolution of pro-democratic interventions in the African context.

What is the core research goal?

The objective is to evaluate whether regional interventions, like the one in The Gambia, are admissible under current international law, especially when they aim to restore democracy during a constitutional impasse.

Which scientific methodology does the work utilize?

The author employs a legal descriptive analysis, evaluating statutory provisions of the UN Charter and regional protocols against state practice, international jurisprudence, and specific evidence from the 2016/17 Gambian crisis.

What issues are covered in the main body?

The main body treats the conceptual history of non-intervention, the interpretation of "force," the legality of ECOWAS/AU military actions in The Gambia, the domestic legitimacy of the Gambian electoral crisis, and the broader debate surrounding pro-democratic intervention.

Which keywords define this work?

The work is defined by terms such as International Law, Non-Intervention, Territorial Integrity, ECOWAS, African Union, Pro-democratic Intervention, and Intervention by Invitation.

How does the author interpret the Ambiguity of Security Council Resolution 2337?

The author argues that Resolution 2337 utilized a "non-prohibitive non-authorization" approach, which failed to explicitly endorse military force but left the door open for regional organizations to act after peaceful diplomatic efforts had stalled.

Is "intervention by invitation" considered a sustainable legal basis by the author?

Yes, the author views intervention by invitation as a logical and reliable argument for intervention, provided the request for assistance comes from a legitimately recognized authority under domestic law, as seen in the case of President Adama Barrow.