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

dc.contributor.advisorPowell, Cathleen Helen
dc.contributor.authorRuwitah, Mduduzi Aviton
dc.date.accessioned2021-02-24T07:24:39Z
dc.date.available2021-02-24T07:24:39Z
dc.date.issued2020
dc.date.updated2021-02-24T07:24:00Z
dc.description.abstractCoups 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.
dc.identifier.apacitationRuwitah, M. A. (2020). <i>ETD: Does international law proscribe coups d'état? Africa's role in the development of the proscription</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/32958en_ZA
dc.identifier.chicagocitationRuwitah, Mduduzi Aviton. <i>"ETD: Does international law proscribe coups d'état? Africa's role in the development of the proscription."</i> ., ,Faculty of Law ,Department of Public Law, 2020. http://hdl.handle.net/11427/32958en_ZA
dc.identifier.citationRuwitah, M.A. 2020. ETD: Does international law proscribe coups d'état? Africa's role in the development of the proscription. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/32958en_ZA
dc.identifier.risTY - Master Thesis AU - Ruwitah, Mduduzi Aviton AB - 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. DA - 2020_ DB - OpenUCT DP - University of Cape Town KW - International Law LK - https://open.uct.ac.za PY - 2020 T1 - ETD: Does international law proscribe coups d'état? Africa's role in the development of the proscription TI - ETD: Does international law proscribe coups d'état? Africa's role in the development of the proscription UR - http://hdl.handle.net/11427/32958 ER -en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/32958
dc.identifier.vancouvercitationRuwitah MA. ETD: Does international law proscribe coups d'état? Africa's role in the development of the proscription. []. ,Faculty of Law ,Department of Public Law, 2020 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/32958en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.subjectInternational Law
dc.titleDoes international law proscribe coups d'état? Africa's role in the development of the proscription
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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