Abstract
This paper examines to what extent is Gambia sovereign from foreign intervention. It considers the legality or otherwise of ECOWAS’ military intervention in the recent post-election/ political crisis in Gambia. Bearing in mind that national sovereignty in international law is not absolute as International Humanitarian Law, Human Right and International Criminal Law have provided exceptions, this paper highlight situations which permit foreign intervention in a state and considers the various argument of writers on the legality/illegality of ECOWAS’ military intervention in Gambia. The paper argues that ECOWAS’ military intervention lacks the requisite authorisation of the UN Security Council who by its resolution permitted the application of political measures only. ECOWAS also failed to meet the requirement for the application of Responsibility to Protect (R2P) in Gambia. More so, intervention on the basis of restoring democracy is void of legal backing as the enabling protocol permits ECOWAS to apply sanctions on member-state where democracy is abruptly brought to an end. On the whole, this paper concludes that though ECOWAS’ military intervention is justifiable in view of the situation in Gambia, it however lacked the requisite legal backing. The paper recommends that in situations where intervention is not based on humanitarian reason to necessitate the application of R2P, military intervention should have the requisite authorisation of the UN Security Council and the application of force should be the last option having exhausted all other means of dispute resolution.
Highlights
National sovereignty is an old phenomenon that is well grounded in international law
The paper recommends that in situations where intervention is not based on humanitarian reason to necessitate the application of R2P, military intervention should have the requisite authorisation of the United Nations (UN) Security Council and the application of force should be the last option having exhausted all other means of dispute resolution
International community have the responsibility to take timely and decisive action to protect populations from the four crimes through diplomatic, humanitarian and other peaceful means and, on a case-by-case basis, should peaceful means „prove inadequate‟ and national authorities are manifestly failing to protect their populations, other more forceful means through Chapter VII of the UN Charter can be applied. It is against this background that this paper consider the Gambian situation, in a bid to decipher whether Economic Community of West African States‟ ( ECOWAS) military intervention can comfortably be brought under the head of ECOWAS‟ responsibility to protect or whether it was a mere interference in Gambia‟s sovereignty
Summary
National sovereignty is an old phenomenon that is well grounded in international law. It afterwards clarifies some concept that relates to the paper It further considers the legal framework for national sovereignty and non-intervention after which it highlight limitations to national sovereignty. It analyses critically the issue of ECOWAS‟ military intervention in Gambia noting various arguments on the matter. In this paper sovereignty is defined as a legal expression which suggests national independence It implies the power of a state over its citizen as well as the authority to enforce obedience to its laws and regulations. This principle means restrain from exacting an act by use of force on another country which has equal sovereignty with others.. This principle means restrain from exacting an act by use of force on another country which has equal sovereignty with others. It can be viewed as restraining from act capable of denying or rupturing the idea of the principles of self-determination of a sovereign country.
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