INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA

In January 2017, an unconstitutional change of power was carried out in the Islamic Republic of the Gambia with use of force carried out by two regional organizations - the African Union and the Economic Council of West African States (ECOWAS). This action violated principle of non-intervene in matt...

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Main Author: A. B. MEZYAEV
Format: Article
Language:English
Published: Moscow State Institute of International Relations (MGIMO) 2017-12-01
Series:Московский журнал международного права
Subjects:
Online Access:https://www.mjil.ru/jour/article/view/180
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author A. B. MEZYAEV
author_facet A. B. MEZYAEV
author_sort A. B. MEZYAEV
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description In January 2017, an unconstitutional change of power was carried out in the Islamic Republic of the Gambia with use of force carried out by two regional organizations - the African Union and the Economic Council of West African States (ECOWAS). This action violated principle of non-intervene in matters which are essentially within the domestic jurisdiction of any state and the principle of refraining in their international relations from the threat or use of force. Recognition of the victory of opposition candidate A/Barrow by ECOWAS does not give legal grounds for qualifying the invasion as intervention by  invitation. By the time of the military intervention, A. Barrow did not take office legally. The UN Security Council Resolution 2337 (2017) is based exclusively on the documents of the African Union and ECOWAS and has no reference to any universal international legal instrument, including the UN Charter. It was not adopted on the basis of Chapter VII and did not authorize any bodies or organizations for certain actions and did not authorizethe use of force. The use of force against the Gambia was illegal, and the possible consequences of these actions for international law as a whole are considered.
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spelling doaj.art-d1047f27d4ba457486dbaa1945d7a9512024-02-29T08:19:19ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932017-12-011062546210.24833/0869-0049-2017-106-2-54-62180INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIAA. B. MEZYAEV0Management University “TISBI”In January 2017, an unconstitutional change of power was carried out in the Islamic Republic of the Gambia with use of force carried out by two regional organizations - the African Union and the Economic Council of West African States (ECOWAS). This action violated principle of non-intervene in matters which are essentially within the domestic jurisdiction of any state and the principle of refraining in their international relations from the threat or use of force. Recognition of the victory of opposition candidate A/Barrow by ECOWAS does not give legal grounds for qualifying the invasion as intervention by  invitation. By the time of the military intervention, A. Barrow did not take office legally. The UN Security Council Resolution 2337 (2017) is based exclusively on the documents of the African Union and ECOWAS and has no reference to any universal international legal instrument, including the UN Charter. It was not adopted on the basis of Chapter VII and did not authorize any bodies or organizations for certain actions and did not authorizethe use of force. The use of force against the Gambia was illegal, and the possible consequences of these actions for international law as a whole are considered.https://www.mjil.ru/jour/article/view/180african unionecowasthe un security councilthe gambiause of force or threat of forcerecognition of governmentsmilitary intervention
spellingShingle A. B. MEZYAEV
INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA
Московский журнал международного права
african union
ecowas
the un security council
the gambia
use of force or threat of force
recognition of governments
military intervention
title INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA
title_full INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA
title_fullStr INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA
title_full_unstemmed INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA
title_short INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA
title_sort international legal aspects of the coup d etat in gambia
topic african union
ecowas
the un security council
the gambia
use of force or threat of force
recognition of governments
military intervention
url https://www.mjil.ru/jour/article/view/180
work_keys_str_mv AT abmezyaev internationallegalaspectsofthecoupdetatingambia