The African Union can and must intervene to prevent atrocities in South
Sudan
Posted on July 13, 2016
<http://africanarguments.org/2016/07/13/the-african-union-can-and-must-intervene-to-prevent-atrocities-in-south-sudan/>
by Mulugeta Gebrehiwot & Alex de Waal
<http://africanarguments.org/author/mulugeta-gebrehiwot-alex-de-waal/>
*The challenge facing the African Heads of State and Government as they
meet in Kigali this week is not whether but **how* *to act in South Sudan.*
[image: African peacekeepers training as part of a hybrid AU-UN operation.
Credit: UN Photo/Albert Gonzalez Farran]

African peacekeepers training as part of a hybrid AU-UN operation. Credit:
UN Photo/Albert Gonzalez Farran

When the security arrangements of South Sudan’s fragile peace agreement
collapsed last week, fighting returned and attacks on civilians and UN
peacekeepers ensued. This presents an enormous and difficult challenge, but
one to which the African Union (AU) must respond and can respond – if the
necessary political decisions are taken.

In August of last year, the Agreement on the Resolution of the Conflict in
South Sudan was pressed on a reluctant President Salva Kiir and his rival
First Vice-President Riek Machar. Its fatal flaw, however, was that it
restored South Sudan to precisely the same state of political rivalry
between armed contenders that had existed before the war erupted in
December 2013 – and which was the cause of that war.

Under the terms of the pact, the troops of the ruling Sudan People’s
Liberation Army (SPLA) were joined in the capital Juba by those of the
SPLA-In-Opposition despite the fact that the two remained unreconciled and
deeply distrustful of each other. It was an explosion waiting to happen.

[*See: Why elections may be the only answer for South Sudan
<http://africanarguments.org/2016/07/09/why-elections-may-be-the-only-answer-for-south-sudan/>*
]

Last week it did happen, and since last Friday there has been intense
fighting between the rival factions, including attacks on civilians in
towns and cities throughout the country. Government forces have shelled the
Protection of Civilians sites within UN bases, probably because they
suspect opposition fighters are taking refuge there. Tens of thousands of
civilians have fled to churches, UN bases and anywhere they hope they can
find safety, joining the 200,000 or so driven from their homes in the
previous two and a half years. And South Sudanese soldiers have attacked
peacekeepers, leading to the deaths of two Chinese soldiers serving under
the UN flag.

[*See: South Sudan: For every corrupt general, there are thousands who wish
only for peace
<http://africanarguments.org/2016/07/11/south-sudan-for-every-corrupt-general-there-are-thousands-who-wish-only-for-peace/>*
]

*Non-indifference*

On 10 July, the UN Security Council called for African countries to prepare
additional troops for deployment in South Sudan, should they be required.
The Inter-Governmental Authority on Development (IGAD) Council of Ministers
met the following day and called for an African intervention brigade with a
mandate to secure Juba and also called for the revision of the UN Mission
in the Republic of South Sudan’s (UNMISS) mandate.  The AU Peace and
Security Council also met and put the crisis at the top of the agenda for
the forthcoming African summit meeting in Kigali, Rwanda, later this week.

The site of this upcoming summit is deeply symbolic. 22 years ago, genocide
was perpetrated in Rwanda, and UN troops abandoned the country, including
letting thousands of trapped civilians face certain death at the hands of
the murderous Interahamwe militia. This failure sparked transformative
changes in how African nations would envision their role and empower
themselves to act in the name of collective security, culminating in the
creation of the African Union in 2002.

In Article 4(h) of its Constitutive Act, African leaders endowed the AU
with the right to intervene in a country in the case of genocide, crimes
against humanity or war crimes – a principle known as ‘non-indifference’.
According to the AU Commission of Investigation into South Sudan, chaired
by former Nigerian President Olusegun Obasanjo and whose report was
released in October 2015, crimes against humanity and war crimes were
committed in South Sudan by both warring parties in the conflict that broke
out in December 2013. There is every reason to fear the renewed conflict is
already resulting in similar crimes.

The African Peace and Security Architecture, established painstakingly over
the last 14 years, includes an intervention mechanism – the African Standby
Force – for precisely the kind of urgent peace support operation needed in
South Sudan today. And at the last AU summit in January, the Standby Force
was declared operational.

Furthermore, the African Union has a particular responsibility in South
Sudan. In line with the August peace agreement, the AU is responsible for
the Joint Monitoring and Evaluation Commission, chaired by former Botswanan
President Festus Mogae. It is clear that, despite his efforts, the current
formula that entrusts the country’s political leaders with implementation
of the agreement and the security of South Sudan’s citizens is no longer
viable.

*Protection and justice*

There should of course be no illusions that the African intervention
brigade will have an easy task. South Sudan is heavily armed and lawless.
Key military actors do not want to see a peaceful settlement, and an
African intervention force will need to enter South Sudan prepared to face
down the warmongers.

Salva Kiir and Riek Machar are calling for calm in South Sudan despite the
reality that the control they have over their supporters seems to be
diminished. But if they are serious about this appeal, they should be asked
formally to endorse the need for an intervention force to be deployed
speedily.

[See: *Who’s behind South Sudan’s return to fighting?
<http://africanarguments.org/2016/07/11/whos-behind-south-sudans-return-to-fighting/>*
]

Thereafter, the AU should implement its own proposals for a legal process
to bring to court those – on all sides – who perpetrated war crimes and
crimes against humanity against the people of South Sudan. These men should
have no place in the future of a country whose people they have so
grievously betrayed.

The challenge facing the African Heads of State and Government as they meet
in Kigali is not whether but *how* to act in South Sudan. Africa’s leaders
have the authority and means to act to protect the lives of tens of
thousands of South Sudanese people and prevent the nation from descending
into war, atrocity and famine.

*Mulugeta Gebrehiwot is director of the African Peace Missions Program at
the World Peace Foundation whose report on African peace missions, African
Politics, African Peace, is released next week.*

*Alex de Waal is Executive Director of the World Peace Foundation.*
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One thought on “The African Union can and must intervene to prevent
atrocities in South Sudan”
Moses says:
July 14, 2016 at 8:04 pm
<http://africanarguments.org/2016/07/13/the-african-union-can-and-must-intervene-to-prevent-atrocities-in-south-sudan/#comment-83682>

AU should intervene without the consent of the Belligerents in S.Sudan, we
have never learnt from the pass mistake we had in the past. Julius Nyere
intervene in Uganda and Abacha intervene in sierra lone and they avert a
lot of deaths. The leaders of the present AU are too weak and corrupt. the
UN is not different, another disunited organization who want to wash
Africans killing themselves to reduce their population all the time by also
supply the arms that they would use to kill themselves.

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