Security and Conflict Management Cluster: AHSI1

 

Mercenarism

 

African Heads of State have decided that any person, natural or juridical, who commits the crime of mercenarism will be punished by the severest penalties under national laws including capital punishment. States must either extradite mercenaries or punish them. States may not refuse a request to extradite except in the case of a national of the state but must then take action.

Leaders agree that states will afford one another the greatest measure of assistance in connection with the investigation and criminal proceedings brought in respect of mercenarism and related acts connected with the offender.

Mercenaries do not enjoy the status of combatants and are not entitled to prisoner of war status.

States and their representatives are responsible for acts or omissions regarding the crime of mercenarism and will be punished for such acts or omissions. Any other state may invoke such responsibility in its relations with the state responsible and before competent international organisations or bodies.

Leaders agreed to take all necessary measures to eradicate all mercenary activities in Africa and undertook to:

• Prevent its nationals or foreigners on its territory from engaging in any of the acts of mercenarism;
• Prevent entry into or passage through its territory of any mercenary or any equipment destined for mercenary use;
• Prohibit on its territory and activities by persons or organisations who use mercenaries against any African state member of the OAU or the people of Africa in their struggle for liberation;
• Communicate to the other Member States of the OAU any information related to the activities of mercenaries as soon as it comes to its knowledge;
• Forbid on its territory the recruitment, training, financing and equipment of mercenaries and any other form of activities likely to promote mercenarism;
• Take all the necessary legislative and other measures to ensure the immediate entry into force of the Convention on Mercenarism.

 

 

Inter-State Relations

African leaders have agreed to work towards greater unity and solidarity between the African countries and the peoples of Africa, accelerate the political and socio-economic integration of the continent, promote and defend African common positions on issues of interest to the continent and its peoples. They have recognised that instability in one country affects the stability of neighbouring countries and the continent as a whole.

African leaders believe in seeking African solutions to Africa’s dispute and that the responsibility for the security, stability and socio-economic development of the continent lies primarily with Africa.

African Heads of State have agreed to respect and defend the sovereignty, territorial integrity and independence of the various Member States as well as their sovereign equality through, amongst others, the establishment of a common defence policy for the continent.

Leaders have agreed to the exchange of information and co-operation at the sub-regional level on security matters, especially on issues relating to terrorism, cross-border criminal activities and joint military training. Conflicts among Member States of the Union are to be resolved peacefully through such appropriate means as decided upon by the Assembly of the African Union.

Border disputes have been a long-standing issue in Africa and although African leaders have expressed a repeated adherence to the inviolability of and respect for the borders inherited from colonialism, there are a number of commitments by African Heads of State to, in times of peace, undertake the delimitation and demarcation of common borders.

African leaders have committed themselves to resolutely combat cross-border criminality, drug trafficking, corruption and terrorism at the sub-regional and continental levels.

 

 

Use of Force

The use of force of the threat thereof is explicitly prohibited among Member States of the African Union. Force may only be used in international relations inside the duly conferred mandate of the UN Security Council. Any other resort to the use of force or the threat thereof against the territorial integrity or political independence of any state constitutes a violation of international law.

This being said, the African Union now has the right to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity while any Member State has the right to request intervention from the African Union in order to restore peace and security. African leaders have also agreed to co-operate with relevant institutions set up to prosecute the perpetrators and to reject a culture of impunity.

 

 

Peacekeeping

African leaders have agreed, that in the event that conflicts degenerate to the extent of requiring collective international intervention and policing, the assistance or where appropriate the services of the UN will be sought under the general terms of its Charter. In this instance, Heads of State agreed to examine ways and modalities through which they can make practical contributions to UN peacekeeping operations in Africa.

Leaders agreed that the OAU will co-operate and work closely with the UN with regard to issues relating to peace-making and peace-keeping. Where necessary, recourse will be had to the UN to provide the necessary financial, logistical and military support for the OAU’s activities in Conflict Prevention, Management and Resolution in Africa in keeping with the provisions of Chapter VIII of the UN Charter.

Leaders agreed to implement a system of ready contingents for possible deployment by the UN, and in exceptional circumstances by the OAU.