The Legality of Intervention by the African Standby Force in Grave Circumstances

This research paper examines the legal authority of the African Union (AU) to deploy the African Standby Force (ASF) in member states during 'grave circumstances' such as genocide, war crimes, and crimes against humanity. The author argues that the AU's Constitutive Act establishes a legal right to intervene that is distinct from the 'enforcement action' defined by the UN Charter, meaning such interventions may not require prior authorization from the UN Security Council.

• The AU Constitutive Act, specifically Article 4(h), grants the Union a legal right to intervene in a member state during 'grave circumstances', which are defined as 'War Crimes, genocide and crimes against humanity.' This authority is operationalized through 'Scenario 6' of the Policy Framework for the Establishment of the African Standby Force.
• The author contends that intervention by the ASF under mission scenario 6 differs from 'enforcement action' as defined in Article 53 of the UN Charter. While enforcement action requires UN Security Council (UNSC) authorization, intervention for grave circumstances aims to prevent or stop international crimes rather than simply maintaining international peace and security, meaning the AU may not have a legal obligation to seek UNSC authorization for such actions.
• Because the AU's authority to intervene is treaty-based, member states are viewed as having surrendered their sovereign right against intervention under Article 2(7) of the UN Charter. This legal framework is intended to prevent a recurrence of the inaction seen during the 1994 Rwandan genocide.
• Despite the lack of a legal requirement for UNSC authorization, the author suggests the AU should still consult with and seek support from the UNSC to enhance political legitimacy, secure financial and logistical support, and ensure the global collective security regime is not undermined.

APA

Dersso, S. A. (n.d.). The Legality of Intervention by the African Standby Force in Grave Circumstances. Institute for Security Studies. https://issafrica.org/iss-today/the-legality-of-intervention-by-the-african-standby-force-in-grave-circumstances

Chicago

Dersso, Solomon A. The Legality of Intervention by the African Standby Force in Grave Circumstances. Institute for Security Studies, n.d. https://issafrica.org/iss-today/the-legality-of-intervention-by-the-african-standby-force-in-grave-circumstances.

Wikipedia

{{cite report |last1=Dersso |first1=Solomon A. |title=The Legality of Intervention by the African Standby Force in Grave Circumstances |publisher=Institute for Security Studies |url=https://issafrica.org/iss-today/the-legality-of-intervention-by-the-african-standby-force-in-grave-circumstances |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{derssondlegality, author = {Dersso, Solomon A.}, title = {{The Legality of Intervention by the African Standby Force in Grave Circumstances}}, institution = {Institute for Security Studies}, url = {https://issafrica.org/iss-today/the-legality-of-intervention-by-the-african-standby-force-in-grave-circumstances}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }