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ECOWAS Intervention in Gambia: A Case Study of International Law on the Use of Force

Babatunde, Elkanah Oluwapelumi; (2017) ECOWAS Intervention in Gambia: A Case Study of International Law on the Use of Force. UCL Journal of Law and Jurisprudence , 6 (2) pp. 46-70. 10.14324/111.2052-1871.088. Green open access

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Abstract

The United Nations (UN) Charter remains the primary instrument for the international regulation of the use of force. However, there are emerging trends in practice, especially by regional organizations, which may be leading to the establishment of a new customary international law rule on pro-democratic intervention. Thus, it is necessary to examine the legality and compatibility of these practices with the UN Charter and other international and regional instruments. It is also important to investigate opinio juris in order to establish whether the international community interprets these practices as a breach of existing international law or indeed as creating new law. This article analyses the permissibility of pro-democratic intervention in light of article 2(4) of the UN Charter, the principle of non-intervention, and other rules guiding the use of force in international law, with a focus on the recent ECOWAS intervention in the Gambia and its consistency with the general body of international law. The article concludes that, albeit illegal, the ECOWAS intervention is legitimate and morally excusable following Reisman’s morally-based approach to humanitarian intervention.

Type: Article
Title: ECOWAS Intervention in Gambia: A Case Study of International Law on the Use of Force
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.2052-1871.088
Language: English
UCL classification: UCL > School of Arts and Social Sciences > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/10024971
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