As-Salamu Alaykum wa Rahmatu Llahi,
Although as Muslims we do not recognize the authority of the Kuffar and their self-fashioned ‘rules of law’, it is important to acknowledge when they themselves ignore their own stated policies and laws when it suits their agenda. It is precisely because of the abuses possible in man-made laws and the lack of consistency, morality, and accountability in such laws that they can never achieve the justice they pretend to procure for the people under their jurisdiction.
So it is in this vain that we look at the threat of ECOWAS (Economic Community of West African States) military action in Mali in terms of its legality and legitimacy.
It should not be a surprise that ECOWAS was party to the mess that occurred in Liberia and Sierra Leone in the 1990’s. ECOMOG, the ‘peace-keeping’ arm of ECOWAS was charged with abuses against the very civilian population that it was supposed to protect and this led to the questioning of the legitimacy of their actions[1]. There have also been several questions raised with regards to the procedures laid out in various articles related to both the Protocol on Non-Aggression of ECOWAS [2] and the Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace-Keeping and Security from December 10, 2010.
The Mechanism shall be applied in any of the following circumstances:
In case of internal conflict:
that threatens to trigger a humanitarian disaster, or
that poses a serious threat to peace and security in the sub-region;
(d) In event of serious and massive violation of human rights and the rule of law.
In the event of an overthrow or attempted overthrow of a democratically elected government;
Any other situation as may be decided by the Mediation and Security Council.[3]
It’s not unpredictable that any organization which writes its own rules will insert the last line in order to leave open and unrestricted its own ability to act unilaterally, however any decision taken by the Mediation and Security Council should still abide by its own principles which are claimed to be based on or at least not contradictory to OAU and UN charters and resolutions.
Suffice it to say that simply offering to negotiate with the MNLA and Ansar e Dine groups while at the same time telling them that they are ‘terrorists’, threatening military action, and refusing to negotiate with them until they submit to the dictates of the practically non-existent and antithetical Malian government, ECOWAS is clearly in violation of its own articles and protocols with such rhetoric.
TIA (This is Africa) after all however there is no doubt that the attention of the West may well be preoccupied with their own economic and political crises, though countries like France, the US, and UK always seem to have time for a good ‘ole dust-up. As ECOWAS is intent on parroting in tune with its democratic svengalis in the West- economies are directly tied to ‘peace and security’.
As much war and exploitation that West Africa has seen, one would think that they would understand a big part of the ‘economy’ intended by the above pseudo-adage deals directly with military-industrial complexes and the manufacturing of theaters of war to boost the ‘economy’ of the few.
[1] http://wiredspace.wits.ac.za/bitstream/handle/10539/1563/Simon_Chapter4.pdf?sequence=6
[2] http://www.iss.co.za/AF/RegOrg/unity_to_union/pdfs/ecowas/14ProtNonAggre.pdf
[3] http://www.comm.ecowas.int/sec/index.php?id=ap101299&lang=en
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