Stopping mass atrocities in Africa and the Pretoria Principles: Triggering military intervention in Darfur (Sudan) and Libya under article 4(h) of the Constitutive Act of the African Union

Abstract

This article examines article 4(h) of the Constitutive Act of the African Union, which provides for military intervention in an AU member state by the AU to stop mass atrocities, namely, serious human rights violations constitutive of international crimes. The article identifies a five-prong, sequential and cumulative test as applied in Darfur (Sudan) and Libya. This test is largely based on article 4(h), the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the Constitutive Act of the African Union, and related sources. Although not binding, the Pretoria Principles, drafted and adopted by a group of experts following a conference convened by the University of Pretoria in December 2012, provide a complete set of guidelines to apply and implement article 4(h). In applying this test, it is concluded that article 4(h) should have been applied and is still applicable in Darfur and Libya.