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Why ECOWAS Can’t Justify Intervention In Niger Without UN’s Approval – Falana [SEE LEGAL REQUIREMENTS]

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Human rights lawyer, Femi Falana, SAN, has stated that the Economic Community of West African States needs to be authorised by the United Nations before it can intervene in restoring democratic rule in the military-held Niger Republic.

Coup plotters led by the head of presidential guards, Gen. Abdourahamane Tchiani, held to power after ousting democratically-elected president, Mohamed Bazoum,

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In response, the West African bloc, led by President Bola Tinubu, issued sanctions and threatened military intervention in the Sahel region after a seven-day ultimatum was issued.

Nigeria had cut power supply with Niger Republic, who, in turn, cancelled major military operations with France, The PUNCH reports

However, Falana, in a statement released on Sunday, August 6, cautioned that, “the conduct of ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.”

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READ ALSO: Coup: Tinubu Meets With Northern Govs Sharing Boundary With Niger

He said, “In addition to the above constitutional mandate, ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part, “The Security Council shall, where appropriate, utilise such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorisation of the Security Council…”

“This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law,” he added.

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Falana, therefore, stated that it’d be illegal if ECOWAS launches any intervention inNiger Republic without the approval of the UN Security Council.

Furthermore, the statement added, “It is also clear that any intervention by ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.

“In the absence of explicit Security Council authorisation, any intervention by the ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.”

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Falana mentioned that, according to section 5(4) of the Constitution of Nigeria 1999 (as amended), the president must seek the approval of both houses of the National Assembly.

See the full statement below:

LEGAL REQUIREMENTS FOR DECLARATION OF WAR AGAINST NIGER REPUBLIC

READ ALSO: Coup: Why President Tinubu Can’t Deploy Troops To Niger – SANs

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Notwithstanding the resolution of the Economic Community of West African States to resort to the use of force to flush the military junta in Niger in a bid to restore President Mohamed in Bazoum, the Bola Tinubu administration is mandatorily required to seek the approval of both houses of the National Assembly. This is in compliance with section 5(4) of the Constitution of Nigeria 1999 (as amended), which stipulates as follows:

“(4) Notwithstanding the foregoing provisions of this section:

(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and

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(b) except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.

However, by virtue of section 5(5) thereof, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.

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READ ALSO: Niger Coup: 3 Decisions For West Africa As Deadline Nears

In addition to the above constitutional mandate, the ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part, “The Security Council shall, where appropriate, utilise such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council….”

This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.

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Therefore, the ECOWAS can not justify any intervention in Niger without the authorisation of the Security Council.

It is also clear that any intervention by the ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.

In the absence of explicit Security Council authorisation, any intervention by the ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.

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Femi Falana SAN
The Chair,
Alliance on Surviving Covid 19 and Beyond
6th August, 2023.

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Family Of Five Killed In Iranian Missile Strike After Fleeing Ukraine For Safety In Israel

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A Ukrainian family of five who fled Russia’s war in search of safety were killed in Israel by an Iranian missile — the very conflict they thought they had escaped.

Mariia Pieshkurova had brought her 7-year-old daughter, Anastasiia, to Bat Yam, a suburb of Tel Aviv, hoping to get lifesaving cancer treatment and refuge from the violence at home.

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Along with Anastasiia’s grandmother, Olena Sokolova, and two young cousins, Illia and Kostiantyn, they had started over — believing they were finally safe.

But on June 15, an Iranian missile tore through their apartment building during a retaliatory strike on Israel, killing them all.

“I really thought they’d be safe,” said Artem Buryk, Anastasiia’s father and Mariia’s former partner. “I never thought they’d go to Israel to escape war — and find it there.”

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READ ALSO:US Struck Iran With B-2 Bombers, Submarine-launched Missiles – Top US General

The missile attack, part of Iran’s response to Israeli airstrikes on its territory, collapsed much of the building in Bat Yam.

It took four days to recover Mariia’s body from the rubble.

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Their deaths marked a heartbreaking intersection of two wars — Russia’s invasion of Ukraine and Iran’s conflict with Israel — both of which had already tested the family’s will to survive.

Mariia had moved to Israel in late 2022 after Anastasiia was diagnosed with leukemia.

Ukraine’s hospitals were overwhelmed, and its largest children’s hospital was later destroyed in a missile strike.

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In Israel, treatment began immediately. It was effective but costly. Mariia turned to Instagram, sharing photos of her daughter in treatment and videos of Artem pleading for help while serving on Ukraine’s front lines.

READ ALSO:Israel-Iran War: Stranded Nigerians Cry For Help From Underground Shelters

“Masha did everything for her little girl,” said Anastasiia’s godmother, Khrytsyna Chanysheva. “She dedicated her life to her, moved to Israel to get her full treatment.”

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Despite the pain, Anastasiia always smiled at visitors.

“She was in pain, and she would close her eyes for a second,” said charity worker Lada Fichkovsi. “But every time I walked into her room, she would smile.”

Her cousins joined the family in May 2024 as the situation in Odesa deteriorated.

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“The shelling made my children cry,” said Hanna Pieshkurova, Mariia’s sister. “I decided to let them go.”

Though Israel was at war with Hamas, Mariia had assured her sister that Bat Yam was calm. Air raid sirens were rare, and the Iron Dome defense system offered hope.

READ ALSO:Iran Nabs 22 Suspected Israeli Spies Amidst Escalating Conflict

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“Ukrainians often say, ‘This is not Ukraine, it’s not as scary,’” said Inna Bakhareva of Chance4Life, a charity helping sick children in Israel. “They felt secure due to the Iron Dome.”

That sense of security evaporated after Israel struck Iranian targets on June 12. Iran retaliated with missile attacks across Israeli cities.

“Dad, at night I saw how the missiles were falling,” Anastasiia told her father in a voice message the night before she died.

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She and her mother had been scheduled to visit the hospital the next morning. The missile struck before dawn.

Mr. Buryk, who had just returned from the front lines near Sumy, received the news that same day.

“I still don’t understand what’s happening,” he said. “I still can’t believe it.”

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He used to promise Anastasiia they’d go fishing together when peace returned.

“Every time I talked to her, I’d say, ‘Sweetheart, we’ll go fishing. Just us,’” he said. “And now I just don’t understand. I still don’t even grasp that she’s gone.”

“Last night,” he added quietly, “I sent her voice messages.”

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(New York Times)

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Militia Attack On DRC IDP Camp, Kills 10, Mostly Women, Children

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An armed group at the centre of a long-running ethnic conflict in the Democratic Republic of Congo’s northeast attacked a camp for displaced people on Friday, killing 10, local sources told AFP.

Bordering Uganda, Ituri province has for years been the scene of pitched battles between the Lendu, a group mainly made up of settled farmers, and the Hema people, typically nomadic herders.

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The fighting has led to the deaths of thousands of civilians and the mass displacement of many more.

Friday’s assault on the Djangi displaced persons camp was carried out by the self-proclaimed Cooperative for the Development of Congo (Codeco), a Lendu-aligned militia responsible for previous civilian massacres, the camp’s head told AFP.

READ ALSO:Trump Bans Citizens Of Chad, Congo, 10 Others From Entering US

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They were many and armed with firearms and machetes. They surprised us, they killed 10 displaced people, most of them women and children,” said Richard Likana.

An employee of the Red Cross, who asked to remain anonymous, confirmed the attack, which took place around 60 kilometres (37 miles) from Bunia.

They were cut up with machetes while others were shot,” the humanitarian worker added.

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Congolese army Colonel Ruffin Mapela, the local administrator for Djugu territory where the camp is located, gave the same toll of 10 dead and put the number of injured at 15.

READ ALSO:Heineken Withdraws Staff As Armed Rebels Seize Facilities In Eastern DR Congo

According to local and humanitarian sources, Codeco was responsible for an attack on February 10 which killed 51 people in Ituri province. Most of the victims were also displaced persons.

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That raid was said to be a response to a strike by the rival Hema-led Zaire militia in the same area.

Violence between the Hema and Lendu killed thousands in gold-rich Ituri from 1999-2003, which only ended after European forces intervened.

The conflict erupted again in 2017, killing thousands more.

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The violence has led to more than 1.5 million people leaving their homes, according to the UN.

AFP

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Israel Wants Global Action Against Iran’s Nuclear Plans

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Israel’s foreign minister said on Friday that the world was obliged to stop Iran from developing an atomic bomb, days after Israel claimed it had “thwarted Iran’s nuclear project” in a 12-day war.

Israel acted at the last possible moment against an imminent threat to itself, the region, and the international community,” Gideon Saar wrote on X.

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The international community must now prevent, by any effective means, the world’s most extreme regime from obtaining the most dangerous weapon.”

READ ALSO:Netanyahu Vows To Thwart ‘Any Attempt’ By Iran To Rebuild Nuclear Programme

Israel and Iran each claimed victory in the war that ended with a ceasefire on June 24.

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The conflict erupted on June 13 when Israel launched a bombing campaign, stating it aimed to stop Iran from developing a nuclear weapon—an ambition Iran has consistently denied.

Following waves of Israeli attacks on nuclear and military sites, the United States bombed three key facilities, with President Donald Trump insisting it had set Iran’s nuclear programme back by “decades”.

READ ALSO:We Would Have Killed Iran’s Supreme Leader If Given Opportunity – Israel

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Israeli Prime Minister Benjamin Netanyahu, in an address to the nation after the ceasefire, announced that “we have thwarted Iran’s nuclear project”.

However, there is no consensus as to how effective the strikes were.
On Friday, Iran rejected a request by UN nuclear watchdog chief Rafael Grossi to visit the bombed facilities, saying it suggested “malign intent”.

The comments from Iran’s Foreign Minister Abbas Araghchi came after parliament approved a bill suspending cooperation with the UN watchdog.

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In a post on X following the move, Saar said Iran “continues to mislead the international community and actively works to prevent effective oversight of its nuclear programme”.

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