From War Crimes to Accountability: Examining the African Union’s Response to Atrocities in Regional Conflicts

The African Union (AU) has continuously evolved its normative and institutional framework to combat, respond to and prevent serious violations of international humanitarian and human rights law in the context of an armed conflict on the continent. The AU is not only moving away from non-intervention to a doctrine of non-indifference to mass atrocities, but also to a range of new mechanisms of accountability that can be seen in the case of the Peace and Security Council (PSC), the African Peace and Security Architecture (APSA), the African Commission on Human and Peoples’ Rights, peace support operations, and emerging regional accountability mechanisms. However, it has been observed that despite the presence of these mechanisms in African conflicts, there are still concerns about the efficiency of the mechanisms in relation to the alleged war crimes, crimes against humanity etc. This article presents the AU’s approach to countering conflict-related atrocities, with particular attention to the Boko Haram insurgency in the Lake Chad Basin as a key case study, and also draws comparative lessons from other African conflicts. It critically examines the AU’s relationship with the PSC, with regional economic communities, with Member States, with peace operations and with international criminal justice bodies in the context of preventing violations, documenting atrocities, protecting civilians and holding those responsible to account. The article uses a qualitative comparative approach through documentary analysis of AU legal instruments, policy papers, conflict and human rights reports, international legal materials, and relevant scholarly literature to pinpoint areas of difference between normative commitments and enforcement practices. It states that this is still holding back continental accountability due to political sovereignty, limited institutional capacity, fragmented regional responses, insufficient evidence preservation, and reliance on member-state co-operation. The AU’s principle of non-indifference offers substantial normative underpinning for collective action, but greater coordination among peace operations, human-rights monitoring organs, regional institutions, domestic courts and international justice is needed to create effective accountability.

Keywords: War crimes, Boko Haram, Lake Chad Basin, Peace operations, Regional Justice.