Does the international Court of Justice have an impact on security on the African Continent?

Akpoghome; Theresa Uzoamaka; Akpoghome Godwin Uduimoh

doi:10.5771/2363-6262-2023-1-57

Contents
- Chapter Expand | CollapseAuthorsPage
- 1–1 Titelei/Inhaltsverzeichnis 1–1
- 2–3 Foreword 2–3
- 4–23 Ensuring Security in Areas with Rich Mineral Resources: The Case of Small Scale Mining in Ghana Kweku Ainuson Kweku Ainuson 4–23
- 24–37 Did the United Nations Organization Stabilization mission in DRC (MONUSCO) increase or decrease security? Kilomba Sumaili Adolphe Kilomba Sumaili Adolphe 24–37
- 38–49 The protection of citizens from torture in Uganda. What is done and what could be done? Asiimwe Jackline Asiimwe Jackline 38–49
- 50–56 Interdependences between access to education and equal economic chances: legal issues and the example of Uganda. Gloria Kembabazi Gloria Kembabazi 50–56
- 57–91 Does the international Court of Justice have an impact on security on the African Continent? Akpoghome, Theresa Uzoamaka, Akpoghome Godwin Uduimoh Akpoghome, Theresa Uzoamaka, Akpoghome Godwin Uduimoh 57–91
- 92–112 Responsibility of the East African Community to Safeguard Physical Integrity and Freedom of the Citizens of its Member States Magdalena Sylister Magdalena Sylister 92–112
- 113–126 Legal Obligations within SADC to Strengthen Security on the Territory of its Member States Balingene Kahombo Balingene Kahombo 113–126
- 127–141 The police in Nigeria – recruitment, formation and responsibility – legal instruments to improve the role of the police to establish security Darlynton Okiemute Ofekeze Darlynton Okiemute Ofekeze 127–141
- 142–142 Impressum 142–142
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KAS African Law Study Library , page 57 - 91

Does the international Court of Justice have an impact on security on the African Continent?

Autoren

Akpoghome Theresa Uzoamaka Akpoghome Godwin Uduimoh

DOI
- doi.org/10.5771/2363-6262-2023-1-57
- ISSN online: 2363-6262
Abstract

Africa has been home to several conflicts and insecurity due to several challenges ranging from climate change, hunger and malnutrition, diseases, increase in population and the scramble for the scanty resources on the continent. Among the problems in the continent is the border/territorial dispute occasioned by the demarcation and delimitation of boundaries by the colonial masters. These conflicts relating to border or territorial boundaries have exacerbated. Some of these cases were filed before the ICJ for adjudication and settlement. It is in the light of this that this paper examines the impact of the ICJ on security in Africa. The paper adopts the doctrinal method and examines the purpose of the League of Nations and the United Nations. The paper finds that the League and UN Charter encourages pacific settlement of disputes which includes judicial settlement. The paper notes that ICJ is the principal judicial organ of the UN and that the ICJ has settled several boundary disputes in Africa. Without the intervention of the ICJ these disputes had the potential to cause instabilities and full-scale wars. It observes that these settlements engenders peace and security and increases the confidence of African states in the Court. It further observes that ICJ also resolves cases that do not have boundary colorations. The paper notes that African states are willing to implement the decisions of the Court although they have not done so to demonstrate their willingness and readiness to obey international law. Instead there have been external influences or motives that have greatly contributed to the way states respond to the Court’s decision and notes that it can be argued that states have quickly complied with the decision of the ICJ when such decisions are in line with their domestic or political interests. The involvement of ICJ in resolving disputes in the region further reveals the continents growing confidence in the Court as the appropriate forum to resolve their disputes. This confidence has been demonstrated by the willingness of some African States to submit cases unrelated to territorial boundaries to the ICJ. These submissions reaffirm not only the willingness of parties to seek intervention of the ICJ to settle their disputes, but also the role and supremacy of the rule of law as the guiding framework to settle disputes among parties. The choice of the Court as a neutral arbiter removes the likelihood of bitter confrontation between governments and their peoples, particularly local communities, who may be unwilling to accept the outcome of the dispute. Based on the findings and observations, the paper recommends that ICJ should co-opt other regional and continental mechanisms in resolving boundary disputes. The paper notes the achievement of the AUBP and further recommends that ICJ should be a court of last resort for states. It then concludes by noting that Africa must be ready to find African solutions to African problems as regional mechanisms have better chances of understanding and resolving disputes better.
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