INTERNATIONAL LEGAL ASPECTS OF THE COUP D’ETAT IN GAMBIA

Abstract

In January 2017, an unconstitutional change of power was carried out in the Islamic Republic of the Gambia with use of force carried out by two regional organizations - the African Union and the Economic Council of West African States (ECOWAS). This action violated principle of non-intervene in matters which are essentially within the domestic jurisdiction of any state and the principle of refraining in their international relations from the threat or use of force. Recognition of the victory of opposition candidate A/Barrow by ECOWAS does not give legal grounds for qualifying the invasion as intervention by invitation. By the time of the military intervention, A. Barrow did not take office legally. The UN Security Council Resolution 2337 (2017) is based exclusively on the documents of the African Union and ECOWAS and has no reference to any universal international legal instrument, including the UN Charter. It was not adopted on the basis of Chapter VII and did not authorize any bodies or organizations for certain actions and did not authorizethe use of force. The use of force against the Gambia was illegal, and the possible consequences of these actions for international law as a whole are considered.

Keywords

• african union
• ecowas
• the un security council
• the gambia
• use of force or threat of force
• recognition of governments
• military intervention