From stopping to preventing atrocities: Actualisation of Article 4(h)

Abstract

The Constitutive Act of the African Union (AU) provides for the right of the continental body to intervene in the face of war crimes, genocide and crimes against humanity. According to its formulation, Article 4(h) intervention entails military force, which is triggered when a target state fails to discharge its duty to protect its population from mass atrocities. Although Article 4(h) is an ambitious statutory commitment to intervene in a member state by the AU, the Libyan crisis in 2011 showed the ambivalence of the continental institution to act in a decisive and timely manner. The AU's failure to invoke Article 4(h) exposed the need for building the capacity and political will to intervene and to interpret Article 4(h). Therefore, the primary focus of this article is on how Article 4(h) should be interpreted. Flowing from the Pretoria Principles, which seek to provide clarity on the implementation of the AU's right of intervention, Article 4(h) should be viewed as a duty rather...