Autumn 2009

Elbonia is located in Africa and is experiencing severe internal disturbances. The population is divided between two ethnic groups. The Elnians are composed of subsistence famers who live in a fertile agricultural area, while the Bonians are based in the industrialized center of the nation. The parliament is composed of two main parties, which are largely divided along ethnic lines. The party representing the Bonians is currently in control of the government. The government initiated a petroleum exploration project in the agricultural area. After locating petroleum resources, it announced that it would expropriate vast areas of land. The Elnians protested vehemently with mass demonstrations. They declared that they would prevent any exploration in their area. The militant wing of the Bonian’s political party engaged in displacement of the Elnians, declaring “The Elnians don’t belong here anymore, this territory belongs to the Bonians!  If you come back, we will kill you!” Approximately 150,000 men, women and children were forced to flee, leaving hundreds behind that were wounded or killed. The news media reported that the militants set fire to Elnians’ houses and farmland and killed all the livestock.

The neighboring country Minoria was concerned that it would eventually be inundated with refugees (although the Elnians were so far only internally displaced) and brought the issue to the attention of the Peace and Security Council of the African Union. Minoria is a member of the African Union.

Elbonia is not a member of the African Union.

You work as a legal advisor to the Peace and Security Council of the African Union and have been asked to write a memorandum on the following issues:

1) Must the Peace and Security Council of the African Union refer the case to the UN Security Council?
2) If the UN Security Council does not respond to the referral, does Elbonia have a duty to enter into consultations with the AU?
3) Would humanitarian intervention in this case be lawful on the basis of general or regional customary international law?
4) What initiatives should the African Union take in order to ensure better response by the international community to such scenarios in the future?

Please refer to the provisions set out below from The Constitutive Act of the African Union (2000) and The African Convention on Internal Displacement (2009), assuming that both are in force in relation to the members of the African Union, as well as other treaties, cases, and theory. Good Luck!