Africa and the international community's use of military force as a means of protecting civilians : lessons from Libya

• Published date: 01 January 2013
• Author: Swikani Ncube
• DOI: 10.10520/EJC161846
• Date: 01 January 2013
• Pages: 139-152

AFRICA AND THE INTERNATIONAL

COMMUNITY’S USE OF MILITARY FORCE

AS A MEANS OF PROTECTING CIVILIANS:

LESSONS FROM LIBYA

Swikani Ncube*

ABSTRACT

The development and protection of human rights has gained momentum since

the end of the Second World War. Continental, regional and sub-regional bodies

have been formed all in the name of complementing the United Nations (UN) in

preserving peace and protecting human rights. This article discusses the Libyan

uprising and the lessons Africa should derive from the application of the principle

of the responsibility to protect to solve similar crises. In conflict situations, there

has to be a balance between maintaining peace and order and allowing citizens to

express their dissatisfaction with governing authorities. With that in mind, the

African Union must play an active role in protecting civilians and constitution-

ally elected governments and this can be achieved through strengthening the

institutions that are tasked with maintaining international peace and protecting

human rights.

I INTRODUCTION

All human beings are entitled to fundamental human rights. The re-

sponsibility to protect as an international norm focuses on the protection of

civilians in conflict situations.1While the responsibility to protect widely in-

volves prevention, reaction and rebuilding,2it is the military reaction

MILITARY FORCE AS A MEANS OF PROTECTING CIVILIANS 139

LLB (Fort Hare), LLM (Stellenbosch), LLD Candidate, National Research Foundation Chair in

International Law, University of Johannesburg.

*

1GEvansThe responsibility to protect (Washington: The Brookings Institution, 2008) 31–49.

2 International Commission on Intervention and State Sovereignty ‘The responsibility to protect:

Report of the International Commission of Jurists’, International Development Research Cen-

tre, Ottawa, Canada, 2001, (hereafter ICISS Report), available at

www.responsibilitytoprotect.org/ICISSREPORT.pdf (accessed 28 February 2013).