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Difficulty: MediumOrganisation of African Unity (OAU) and African Union (AU)

Which foundational document introduced the explicit constitutional right of the African Union to intervene in a member state during grave circumstances such as genocide and war crimes?

  1. The Constitutive Act of the African UnionAnswer
  2. B
    The Charter of the Organisation of African Unity
  3. C
    The African Charter on Human and Peoples' Rights
  4. D
    The Abuja Treaty Establishing the African Economic Community

Answer

The Constitutive Act of the African Union
The Constitutive Act of the African Union, adopted in Lomé in 2000, explicitly enshrines the right of the Union to intervene in a member state pursuant to a decision of the Assembly in respect of grave circumstances—specifically war crimes, genocide, and crimes against humanity (Article 4(h)).

Step-by-Step Solution

1
Analyze the core legal shift between the OAU and the AU.
Recognize that while the OAU prioritized state sovereignty and strict non-interference, the AU adopted a doctrine of 'non-indifference'.
This shift allowed continental security interventions in cases of severe atrocities.
2
Identify the specific legal instrument governing the African Union.
The Constitutive Act of the African Union (adopted in Lomé in 2000) contains Article 4(h) authorizing intervention in cases of genocide, war crimes, and crimes against humanity.
This principle explicitly distinguishes AU doctrine from the earlier 1963 OAU Charter.

Key Concept

AU Constitutive Act vs. OAU Charter on Intervention Rights
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Topics

Organisation of African Unity (OAU) and African Union (AU)

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