Les pratiques interventionnistes africaines ou la banalisation du principe de non-intervention

Abstract : International public law being based on the cooperation of states and the formal requirement that states respect the sovereignty of their peers, the principle of non-intervention occupies a central place in the legal architecture of international relations. This statement simultaneously stands in contrast with normative plans and complicates practical ones. Such complexity gives nation states a small amount of maneuvering room that may permit them to violate the principle of non-intervention. African nation states having fought and denounced violations of their sovereignty are no exception from the bad faith that countries show in violating the principle of non-intervention. As such, the new wave of interventionism between African states discredits the official discourse of those who denounce the interventions of Western countries in their own internal affairs. This contradiction is proof of the trivialization of interventionist practices on the African continent. In effect, since their independence in the 1960s, the new African states have linked the fight for the affirmation of their sovereignty against their former colonial powers with interventions conducted in their own interest in the African framework. The Cold War gave the African interveners an excuse, under the pretext that they were still at risk, and that each country was obliged to help the other countries in the political block to which it belonged. With the end of the fighting between the north and the south, a considerable diminution in the number of interventions on the African continent was expected. Paradoxically, one saw a strong increase in the number of military operations between African countries, which were more and more violent in their nature. Thus, the increase in rebellions in Africa speaks to the trivialization of the principle of nonintervention in interafrican relations. The unionization of collective security under the cover of regional organizations is in line with the logic of the more common resort to force (ECOWAS, SADC and AU). The commonplace nature has even reached its own paroxysm, so such so that one sees true wars of aggression in certain regions of the African continent. Illustrative examples of this African mindset toward war are, among others, the Rwanda-Uganda war against the Democratic Republic of Congo (DRC), and the Ethiopian invasion of Somalia. Interventions that pass in silence, as though we were watching something normal, let it be understood that we are witnessing the emergence of new practices giving rise to local custom. However, these practices in their spirit and form will not in fact become local custom. All things considered, one expects the rapid increase of interventionist practices supporting the thesis according to which, the African continent would be impermeable to the laws of the civilized world. That thesis being a general acceptance of practices such as the recognition of law, the interventionist practices of certain African States have been contested not only in Africa but also throughout the world. In all disputed cases, these practices result in a violation of the law, being in contraction with the higher standards of the United Nations, notably Article 2, Sections 4 and 7 of the Chart of the United Nations. A judicial superiority conforming to Article 103 of the Charter of the United Nations and to Article 53 of the Convention of Vienna on the Law of Treaties.
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Abdoulaye Kouyate. Les pratiques interventionnistes africaines ou la banalisation du principe de non-intervention. Droit. Université Nancy 2, 2010. Français. ⟨NNT : 2010NAN20001⟩. ⟨tel-01777297⟩

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