A major way international law ensures global security is through the institution of the United Nations (UN) which acts as a global governing body. 

The United Nations Charter is the foundational instrument governing the UN and in effect, governing world peace and security. 

there might be recalcitrant States who use FORCE. The UN Charter contemplates that and gives victim States respite.

This is in the form of the only acceptable exception to the prohibition of the use of force.

1 When the State is involved

All States are regarded as sovereign. That is a basic principle of international law. Thus, the internal affairs of a State are, generally, guided by the State’s own laws and procedures. The principle of State sovereignty also, generally, protects against invasions and/or intrusions by other States. This principle of sovereignty has been codified in Article 2(4) of the UN Charter. 

BUT, with rights come obligations.  As Kalliopi Chainoglou observes, the correlation between a State’s(X) right to sovereignty and another State’s(Y) right of self-defence is contingent, to some extent, on the degree to which X has honoured its international obligations primarily vis-à-vis Y, and secondly vis-à-vis the international community.  It is a relationship of reciprocity. 

So, where a State fails to meet its international obligations and is actively involved in an act of terror against another State, the right to have its sovereignty respected is forfieted and an attack by the victim State in self-defence may be appropriate. In fact such a scenario is fully contemplated in Article 51 of the Charter. 

3. When State involvement is absent and individual terrorists are unidentifiable

It will seem that States can only rely on their inherent right of self-defense as espoused in Article 51.

However, the application of this article is wrought with issues. In fact, applying the Article in this manner will be contrary to the very tenets of international law. 

Why the issue with Article 51?

For one thing, it requires for there to be an armed attack. Bothe notes the implicit inference of the armed attack being attributable to another State. It stands to reason that terrorist attacks without any discernible State involvement cannot come under the purview of Article 51 because terrorists are generally not part of the official apparatus of any State. They are non-state actors. 

Secondly, the use of the word ‘armed attack’ is noteworthy. This is because, throughout the Charter, ‘aggression’ or ‘threat of force’ is commonly used. Cassese proffers that its usage in Article 51 shows a greater threshold to satisfy. Afterall, it is an exception to the rule and as a matter of principle, a higher standard should be met in order to elicit its application. The Caroline espoused the requirements to be met before resort can be made to self-defense: the attack must be imminent and the response must be proportionate and necessary.

These three requirements will be almost impossible to satisfy for terrorist attacks.

2. When State involvement is indiscernible and terrorist camps located:

In many such cases, the aut judicare aut dedere (prosecute or extradite) can be applied. Contracting States on whose territory those reasonably suspected of terrorist acts happen to be must either try them or hand them over to whichever other contracting State requests their extradition. This ensures that the terrorists are apprehended and prosecuted. However, this remedy is only available when there is an applicable treaty between the States. 

How has international law grappled with the threat of terrorism?

The Way Forward

Should non-State actors be recognised as armed attackers? 

That would not solve much.

– the provision to use force in self-defence is conditional upon exhausting all other means and reporting back to the Security Council.

– even if we recognize these terrorist organisations as capable of carrying out armed attacks under Article 51, the condition to use peaceful means (such as negotiation) first, may never be met.

– recognising them as capable of executing armed attacks still does not take away the requirement for any response in self-defence to satisfy the three-tier critria espoused in the Caroline case.

– acting in self defence may necessitate military action in another State(X). Where the X is uninvolved with these terrorist organisations, this attack can be regarded as use of force and might set off a chain of attacks between the two States. 

Should the requirement of imminence of the armed attacks be removed?

– the effect of this will be the tacit approval of pre-emptory attacks in self-defence. These are attacks in response to a possible attack, a threat of attack. Without a doubt, this could result in potential widespread abuse of the right to self-defence. 

– further, this solution does not address the issues relating to sovereignty espoused above.

Should Article 51 be removed?

The rationale is that self-defence is an inherent right even under customary international law (this is law that is formed through State practice and that precedes this Charter). 

So, even without the explicit mention of the right to self-defense, States can still resort to this right without the limitations set forth by the Article. 

This is not a good idea though:

– it will only breed confusion in the international plane: Does the explicit prohibition of the use of force in Art 2(3)(4) of the Charter prohibit the resort to force in self-defence without the explicit mention of this right in the Charter? Will signatories to the Charter, then, be estopped from resorting to force in self-defence?

– the article was influenced by the possibility of the occurrence of a range of events. It seems to deal sufficiently well with those occurrences. So, removing this because of it presents a hurdle in dealing with the issue of terrorism may be myopic.

A BETTER SOLUTION?

The law applicable to terrorism has been described by Judge Abraham Sofaer as intentionally ‘flawed and perverse.’ It was so described for its ‘disjointedness,’ among other things. 

A preliminary step towards winning the fight against terrorism is having a law on terrorism. The importance of this cannot be overemphasised. 

This treaty should outline:

• a definition of terrorism
• the range of activities constituting terrorist acts
• enforcement mechanisms

The suggestion for an all-encompassing treaty on terrorism is far from novel. Frank and Lockwood assert that past failures by the League of Nations (now the UN) to create such a treaty were attributable to the markedly different times where the terrorist activities were almost non-existent. The urgency of current circumstances suggests better success.

A framework to ensure global peace and security.

In a globalized world the activities of one State may have profound impacts on another State. In other words, the security of one State is intrinsically interlinked with the security of another.

What is International Law?

Global security can, thus, be likened to a ‘delicate’ and ‘flexible’ membrane encompassing the planet, the disruption of which affects the security of not just one State but a regional block, evidenced by depressions into the affected areas. There would be black hole like cavities, corrugated areas, capricious indentations and depletions indicating proclivities to insecurity. However, this is a living membrane. As such, each depression would cause ripples and even send shockwaves across the surface, thereby affecting not only the region of origin but neighbouring States as well.

One of the foremost ways it seeks to preserve peace and security is a blanket ban on the threat of and use of force at Article 2(4).

This makes sense because nothing disrupts peace and security like combat. Violence, or the threat of violence is completely anthetical to peace and security. In fact, such violence will only breed insecurity. If the aim is peace and security, removing a root cause of insecurity (use of force and violence) is appropriate. 

The expectation, though, is for the minimal use of force in self-defense since member States will be compliant with the terms of the UN Charter.

In this way, International Law preserves global peace and security.

But this is no perfect world and sometimes,

On the face of it, international law is fully equipped to deal with the threats of terrorism.

Afterall, terrorism is the disruption of international peace and security. What better opponent to challenge this phenomena than international law, the mechanism instituted for the main purpose of preserving international peace and security. It’s scope falls directly into the ambit of international law.

So, how has international law grappled with the threat of terrorism? A consideration of the three main approaches used ensues below.

That has been the approach generally adopted by the United States in its response to terrorist attacks. 

After an attack, the US responded with the 1986 bombing of Tripoli, and claimed self-defence by linking the ‘aggressor’ attack to the Libyan government. 

In 1993, the US responded to attacks by bombing the headquarters of the Iraqi Secret Service. Again, it claimed self-defence on the basis that the attack could be directly linked to the State.

After the infamous September 11, 2001 attacks, there was targetted military action and air strikes. It claimed self-defence by once again linking these attacks to State involvement by Afghanistan.

The American models iterates the importance of proving State involvement for the legitamcy of any attack in self-defence.

This has been the main response of Kenya to terrorist attacks in the country. Suspects in these attacks, many of them from Somalia, are tried under applicable laws in Kenya.

References

1. VR Raghavan, ‘Pakistan Institute of International Affairs Challenges to Global Security Author ( s ): V . R . Raghavan Source : Pakistan Horizon , Vol . 60 , No . 3 , GLOBAL SECURITY ( July 2007 ), Pp . 23-39 Published by : Pakistan Institute of International Affairs S’ (2017) 60 23.
2. Victor Kattan, ‘Furthering the “War on Terrorism” through International Law: How the United States and the United Kingdom Resurrected the Bush Doctrine on Using Preventive Military Force to Combat Terrorism’ (2017) 1702 Journal on the Use of Force and International Law 1.
3. M Bothe, ‘Terrorism and the Legality of Pre-Emptive Force’ (2003) 14 European Journal of International Law 227.
4. A Cassese, ‘Terrorism Is Also Disrupting Some Crucial Legal Categories of International Law’ (2001) 12 European Journal of International Law 993.
5. Michael Byers, ‘Shorter Articles, Comments and Notes on Terrisom, The Use of Force and International Law After 11 September: The United States Response to the Terrorist Attacks of II September 2001 Was Encouraging for Those Who Worry about a Tendency towards Unilateralism’ (2002) 51 Iclq 401.
6. Jackson Nyamuya Maogoto, ‘War on the Enemy: Self-Defence and State-Sponsored Terrorism’ (2003) 4 Melbourne Journal of International Law 406.
7. Antonio Cassese, ‘The International Community’s “Legal” Response to Terrorism’ (1989) 38 International and Comparative Law Quarterly 589.

• Feminism is not merely a social ideological movement but, it is also a political ideological movement and an international relations theory as well.
• The obejective feminism is to introduce and demonstrate the need for equality of the sexes in all areas of a person’s life – that is, socially, economically and politically.
• On the other hand, African feminisms involves a collecive African idea, actions and dreams that aim at engaging with, understanding and changing patriarchal power relations and structures that are persistent within the African continent.
• Despite the fact that Western feminism and African feminisms both aim at promoting gender equality, the former is more individualistic while the latter is thrives on collective action of both African males and females for the purpose of its fulfilment.
• The reason for metaphorically associating African females to rocks is because, similar to the inanimate object African females cries’ for gender equality can not be hidden; while their strength and determination to promote a gender inclusive African continent can not be moved or broken.

Historical Analysis of African feminisms

Historical Analysis of Feminism

Feminism was coined by French philosopher and utopian socialist, Charles Fourier in the year 1837.

After the International Conference on Women’s Right in Paris in 1878, the word feminism evolved from being a word that simply placed emphasis on female qualities.

Rather the feminism became a word rooted on the conviction and advocacy for equal rights and opportunities for every individual, especially females.

Western feminism witnessed the birth of the suffragette movement in 1903 – which advocated for female’s right to vote

The movement first took form in the United kingdom, under the leadership of Emmeline Pankhurst and her daugthers Christabel and Sylvia Pankhurst before spreading to other Western states.

This amplified first-wave feminism – which advocated for female suffrage.

First-wave feminism began in the latter part of the 19th century to the wake of the 20th century.

Prominent first-wave feminists include: Mary Wollstonecraft, Jane Austen, Emmeline, Christable and Sylvia Pankhurst, Etta Palm d’Aelders, Jeanne Schmahl, Maria Deraismes, Wilhelmina Drucker, Susan B. Anthony, Sojourner Truth, Harriet Tubman, Eleanor Roosevelt and Jessie Turnbull.

The forceful placement of females back to the homes, especially in the kitchen, after WWII to assume their “sole responsibility” resulted in the coneception of second-wave feminism (1960s – early1990s).

Some major figures if this wave include: Simone de Bauvior, Ruth Bader Ginsburg, Hillary Clinton, Nancy Pelosi and Alice Walker.

The emergence of third-wave feminism occured in early 1990s – 2010s to serve as an ideological instrument that addressed social construct issuess such as sexism, racism and capitalism (or classism). This wave aimed at ensuring and promoting diversity and individuality

Some third-wave feminists are: Rebecca Walker Queen Latifah, Anita Hall, Madonna and Christina Aguilera.

The world later enter the diamension of fourth-wave feminism in 2012, which is on-going at the moment.

This wave has been concerned with issues surrounding rape culture, sexual harassment and body-shamming.

#MeToo movement has played a crucial role in this wave.

Emma Watson, Rebecca Solnit, Tarana Burke and Wendy Davis are some notable personalities of fourth-wave feminism.

Historically, feminist consciousness was not necessarily known to African females despite the fact that they assumed numerous feminist role. Hence, feminist consciousness was intrinsically built in African females.

African females had a dual responsibility. It was their right to bring fourth children; however, they also played an essental part in the maintenance of African communities as a whole and their families as well.

Historical African feminists consist of: Hatshepsut from Egypt, Yaa Asantewaa from Ghana, Queen Njinga from Angola, Princess Yennenga from Burkina Faso, Queen Amina of Zaria from Nigeria and Candace of Meroe from Ethiopia.

Nonetheless, feminist consciousness became apparent to African females after a speech given by former first-lady Nana Konadu Agyemang-Rawlings at the 1995 Beijing Conference.

African Feminisms and African Literature

Socio-economic Aspects of African feminisms

Another impact the speech given at the Conference had was its ability to encourage most African female authors to becom more voca; about their feminist consciousness which had a rippling effect on African female readers.

Ama Ata Aidoo is one of the African feminist authors – whom through her works such as Anowa, Changes and Our Sister Killjoy was able to portray female protagonists who began to question patriarchal institutions as they become aware of their own existence.

Such literary works led to a revival of feminist consciousness in the hearts and minds of African females.

Social Development of African Women Through African Feminisms

Education, both formal and informal, has played a pivotal role in the social development of African females through African feminisms.

Through education, the cultural practices of Female Genital Mutilation (FGM) which violates the sexual rights of African females has been banned in most African states and has been replaced with an Alternative Rite of Passage (ARP) approach by African Medical and Research Foundation (Amerf).

Also, the rate of girl-child marriages significantly dropped in some African countries such as: Ghana Burkina Faso, Togo, Zambia and Uganda.

Governmental initiatives in Ghana such as Free Senior High School (SHS) and the School Feeding Programme has been most beneficial to females from deprived homes, since these intiatives has increased their literacy level; while also aiding them to escape the trenches of child marriages due to poverty.

The African Women in Business Initiative organised by the African Development Bank (AfDB) in 2004, was aimed at safe-guarding the interest of African female owners of small and medium-sized enterprises (SMEs).

The promotion of gender mainstreaming African economic sectors by African banking firms such AfDB encourages financial inclusion of African females.

This approach tackles two patent issues in the African continent – gender inequality and poverty.

African feminisms facilitates progress, economic efficiency and productivity as it provides opportunities to African females thereby ensuring that they are properly equipped and qualified for the work (labour-market).

Economic Empowerment of African Women Through African Feminisms 

Most African folktales metaphorically attribute females as the custodians of the Earth. Example: Asase Yaa, Mother Earth, in the Ghanaian Akan language.

Through African feminisms, African eco-feminists continue to play a vital role in the protection of Africa’s ecosystem – and economy at large since Africa is a periphery region and relies on her agrarian sector for economic growth.

This because most African females work in Africa’s agrarian sector and contribute immensely to the growth of Africa’s economy.

The massive land degradation, deforestation and the pollution of water bodies due to the interference from transnational corporations (capitalist institutions), greatly anger African females.

In order to protect Africa’s ecosystem and biodiversity, numerous ecofeminist movements have been established. These include: the Green Belt Movement spearheaded by Wangari Maathai in Kenya, African Women Unite Against Destructive Resource Extraction (WoMin) in South Africa, the Kizibi community seedbank in Uganda and the Concerned Farmers Association (predominantly led by women) in Ghana.

Political Aspects of African Feminisms

Political (Leadership and Governance) Empowerment of African Women Through African Feminisms

Through African feminisms, African females have assumed leadership roles at the communal level and governance roles on a national level in order to: rectify the persistent existence of inequity and inequality, address the oppression of African females, improve the power relations existing betweeen both gender and amend patriarchal norms and systems.

In the mid-1940s, the Abeokuta Women’s Union (AWU) was established abd led by Funmilayo Ransome-Kuti in Abeokuta in Nigeria.

The main reason for the establishment of AWU was to educate and make Nigerian females (especially market women) and make them aware of their rights to education and political representation and participation.

In 1983, in Ghana, former president Rawlings created a committee consisting of some members of the 31^st December Women’s Movement and some queen mothers.

The purpose of the committee was to actively involve Ghanaian female leaders and activits to discuss and find solutions to issues affecting females in Ghana such as child marriages, teenage pregnancies and female education

Currently, queen mothers have actively been involved with their communities’ development. For example, queen mothers from a community known as Manya Krobo  (in Ghana) established the Manya Krobo Queen Mothers Association (MKQMA). The MKQMA in association with Ghana AIDS Commission and Family Health, raised funds in the community as a means of providing some form of aid to HIV/AIDS positive person, families and orphans living with the virus.

In countries like Mozambique, Eswatini, Namibia, Mauritius, Lesotho, Malawi, Zambia, Zimbabwe and Angola have the Rural Women’s Assembly (RWA) – which was established in 2009.

The main aim of the RWA is to:

• Build a collective sphere to teach and shape African females into individuals ready to assume leadership roles.
• Create feamle representation and governance through the praxis of African feminisms in order to contest against capitalist and patriarchal power relations.

All across the African continent, queen mothers have played a vital role in informally eduacting females in indigenous African practices.

In some African communities, queen mothers eduacte adolescent females on the necessity of personal hygiene, sex education and equipping and preparing them for life, through vocational training – as young African females go through puberty rites.

On a national level, African countries such as Rwanda and Senegal have witnessed an increase in their female parliamentary respresentatives due to the introduction of quotas.

Countries such as Liberia and Central Africa Republic have had Ellen Sirleaf Johnson and Catherine Samba-Panza respectively being their female heads of state.

The African Union (AU) through the introduction of its Regional Economic Communities (RECs) have put measures in place to ensure that its member states provide an equal respresentation of African females in their social, economic and political sectors – so as to promote gender and development.

Critiques of African Feminisms

The adoption of toxic Western feminist dogma like the “men are trash” rhetoric which equates males to “trash” (rubblish) have been constantly used by toxic African feminists. This toxic rhetoric hinders the successive nature of African feminisms.

This is beacuse, such toxic connotations prevents other African females from associating themselves with African feminisms or even being called an African feminist.

Simultaneously, such toxic nuances automatically puts males against females – which is not the case of African feminisms or feminism in general as both ideologies seeks to promote equality of the sexes.

Also, the exclusion of males in gender-related issues through the generalisation of these issues as “female-related” issues by toxic African feminists ultimately hinders the progressive and inclusive nature of African feminisms.

• A proper understanding of gender should be made in order to encourage both sexes to discuss gender-related issues. This aslo ensures the promotion of numerous pro-feminist African males.
• There must be a comprehensive understanding of the role gender equality and its relationship to African feminisms in Africa.
• It is necessary for feminism in Africa to be contextualised properly. Meaning, a proper understanding of how to blend Western  and African perspective of feminism should be made by means of understanding the role of African women in Africa and the world at large.
• Also, governmental officials (national level) and leaders (communal level) must ensure that there is creation of more gender inclusive policies along with its true implementations so as to promote gender and development (sustainable development) across the African continent.
• In Africa, the conecpt of feminism has always been embedded in African females; howevere, due to modernisation and globalisation feminism is changing but there are some unique features of African feminisms that should be duly note and be kept for the sole benefit of African females and the African continent as well.

Recommendations

During the Conference, Nana Konadu addressed female-related issues that hinder Africa’s development.

After her speech, some African countries decideed to create gender inclusive policies such as the PNDC Law 111 (interstate succession Law 1985), in Ghana.

Other Ghanaian institutions were established to protect rights of Ghanaian females and to also ensure that their authentic potentials are attained. These include: the Ministry for girl-child,Women and Juvenile Unite (WAGU) and Domestic Violence and Victim Support Unit (DOVVSU).

Nana Konadu Agyemang-Rawlings at the 1995 Beijing Conference

Definition of Feminism and African Feminisms

Ngozi Okonjo-Iweala

Chimamanda Ngozi Adichie

Ama Ata Aidoo, Ghanaian author, African feminist and pan-Africanist.

General Overview

• Definition of Feminism and African Feminisms
• Historical Analysis of Feminism
• Historical Analysis of African Feminisms
• 1995 Beijing Conference and African Feminisms
• Socio-economic Aspects of African Feminisms
• Political Aspects of African Feminisms
• Critiques of African Feminisms
• Recommendations