Divided into four sections, this paper seeks to examine three main issues with regard to unconstitutional changes of government (UCG) in Africa. The first issue and section looks at the definition of the concept or phenomenon of UCG, at least from the viewpoint of the AU, with a special emphasis on the phenomenon of 'military coup d'état'. The second section deals with the policy position of the AU with regard to this phenomenon. This entails not only looking at the position of the AU, but also analysing the rationale behind it. In other words, knowing that the position of the AU is to condemn this phenomenon, the task is to interrogate this position to determine what led to its adoption and how justified it is. The third section then tries to scrutinise this position and examine its adequacy. In so doing, the preventive and reactive effect of the policy is juxtaposed with more emphasis on the latter. The fourth section deals in more detail with the preventive role of the policy and, with shortcomings identifi ed in this regard, highlights two important issues to be considered to enhance the preventive impact of the policy.

This inquiry was prompted by the resurgence of the phenomenon of coups in Africa in the recent past. The most recent wave of coups has brought the phenomenon under the scrutiny of continental and international bodies. Unlike in the first three decades after independence, which were characterized by inaction and indifference in the face of coups, in recent times African leaders are determined to stem the tide of coups through an unprecedented set of continental and sub-regional norms and collective action. The mini-thesis analyses traditional, and modern security paradigms, as well as comparative politics in order to understand and situate African coups. It argues that the African coup oscillates between the realist, organizational and praetorian paradigms of civil-military relations. Unlike its predecessor, the moribund Organisaton of African Unity (OAU), the African Union (AU) through normative instruments has demonstrated greater enthusiasm not only in reversing the coup tide, but more fundamentally in entrenching a culture of democracy and good governance. Its pronouncements and active engagement in coup-affected countries have been consistent, unambiguous and forthright. In conclusion, the mini-thesis identifies and assesses a myriad of factors at state and regional levels, as well the interests of foreign actors which have over the years conspired to limit the ability of continental bodies to deal effectively with unconstitutional changes of government. These factors, which are largely located at state level, at the core of which is the nature and form of the African state, need to be addressed first in order to rid the continent of the coup contagion.

A comprehensive examination of the work of the African Union (AU), with special emphasis on its capacity to meet the challenges of building and sustaining governance institutions and security mechanisms. Samuel Makinda and F. Wafula Okumu show how Africa and, in particular, the AU can effectively addressed the challenges of building and sustaining governance institutions and security mechanisms only if they have strategic leadership. Current debates on, and criticisms of, leadership in Africa are also analyzed as well as key options for overcoming the constraints that African leaders face. Core topics covered include: the colonial policies of the European powers the emergence of Pan-Africanism the creation of the Organization of African Unity (OAU) in 1963 the evolution of the OAU into the AU in 2002 the AU’s capacity to address poverty alleviation, conflict management and resolution, peacebuilding and humanitarian intervention.

This Discussion Paper is based on a conceptual and analytical reading of cases of unconstitutional change of government in Africa. It provides a deep and up-to-date exploration of the prospects for democratic consolidation on the continent against the backdrop of an upsurge in unconstitutional changes of government. Rather than focus only on the internal threats to democracy in Africa, the author also analyses the role of neighbouring states, regional organisations and hegemonic forces within the international community in advancing or limiting democracy. In this regard, this work sheds light on why the pursuit of the liberal democratic project in Africa has so far appeared to alienate ordinary people, while providing space for dominant elites to tamper with democratic institutions and processes, which then work against popular participation and democratic development. This paper is essential reading for scholars, policy practitioners, analysts and all those with an interest in the prospects for democracy in Africa.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of The African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of The African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.