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Does international law proscribe coups d'état? Africa's role in the development of the proscription

Coups d'état have occurred around the world since time immemorial but have been more commonplace amongst African states. They have typically yielded bloodshed and instability and, they inevitably culminate in the gross violation of the most basic human rights. They also arguably constitute a perenni...

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Main Author: Ruwitah, Mduduzi Aviton
Other Authors: Powell, Cathleen Helen
Format: Thesis
Language:English
Published: Department of Public Law 2021
Subjects:
International Law
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access_status_str Open Access
author Ruwitah, Mduduzi Aviton
author2 Powell, Cathleen Helen
author_browse Powell, Cathleen Helen
Ruwitah, Mduduzi Aviton
author_facet Powell, Cathleen Helen
Ruwitah, Mduduzi Aviton
author_sort Ruwitah, Mduduzi Aviton
collection Thesis
description Coups d'état have occurred around the world since time immemorial but have been more commonplace amongst African states. They have typically yielded bloodshed and instability and, they inevitably culminate in the gross violation of the most basic human rights. They also arguably constitute a perennial threat in the politics of African states and, they have been condemned in numerous instances. Such condemnation brings to the fore, questions as to international law's position on coups d'état. In light of International law placing a high premium on the doctrine of national sovereignty, it is tempting to conclude that coups d'état are beyond the scope of international law thus not being proscribed. This position is further strengthened by the absence of international treaties/conventions proscribing coups d'état. It can, however, be argued that the recognition given to the notion of democracy by some treaties/conventions such as the UDHR, CEDAW, and ICCPR, may amount to an implicit proscription of coups d'état under international law. There is also, a right to democracy, along with a proscription of coups d'état under customary international law as reflected by state practice. African states, being specially affected by the scourge of coups d'état, have played a leading role in the development of the customary international law proscription of coups d'état. Regardless of it being difficult for state responsibility to ensue, coups d'état constitute wrongful acts at international law.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:15.376Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2021
publishDateRange 2021
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publisher Department of Public Law
publisherStr Department of Public Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/32958 Does international law proscribe coups d'état? Africa's role in the development of the proscription Ruwitah, Mduduzi Aviton Powell, Cathleen Helen International Law Coups d'état have occurred around the world since time immemorial but have been more commonplace amongst African states. They have typically yielded bloodshed and instability and, they inevitably culminate in the gross violation of the most basic human rights. They also arguably constitute a perennial threat in the politics of African states and, they have been condemned in numerous instances. Such condemnation brings to the fore, questions as to international law's position on coups d'état. In light of International law placing a high premium on the doctrine of national sovereignty, it is tempting to conclude that coups d'état are beyond the scope of international law thus not being proscribed. This position is further strengthened by the absence of international treaties/conventions proscribing coups d'état. It can, however, be argued that the recognition given to the notion of democracy by some treaties/conventions such as the UDHR, CEDAW, and ICCPR, may amount to an implicit proscription of coups d'état under international law. There is also, a right to democracy, along with a proscription of coups d'état under customary international law as reflected by state practice. African states, being specially affected by the scourge of coups d'état, have played a leading role in the development of the customary international law proscription of coups d'état. Regardless of it being difficult for state responsibility to ensue, coups d'état constitute wrongful acts at international law. 2021-02-24T07:24:39Z 2021-02-24T07:24:39Z 2020 2021-02-24T07:24:00Z Master Thesis Masters LLM http://hdl.handle.net/11427/32958 eng application/pdf Department of Public Law Faculty of Law
spellingShingle International Law
Ruwitah, Mduduzi Aviton
Does international law proscribe coups d'état? Africa's role in the development of the proscription
thesis_degree_str Master's
title Does international law proscribe coups d'état? Africa's role in the development of the proscription
title_full Does international law proscribe coups d'état? Africa's role in the development of the proscription
title_fullStr Does international law proscribe coups d'état? Africa's role in the development of the proscription
title_full_unstemmed Does international law proscribe coups d'état? Africa's role in the development of the proscription
title_short Does international law proscribe coups d'état? Africa's role in the development of the proscription
title_sort does international law proscribe coups d etat africa s role in the development of the proscription
topic International Law
url http://hdl.handle.net/11427/32958
work_keys_str_mv AT ruwitahmduduziaviton doesinternationallawproscribecoupsdetatafricasroleinthedevelopmentoftheproscription

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