Propagation and Enforcement of AU Law: Perspectives from the Peace and Security Arena

Abstract This chapter contributes to the debate on the development of African Union (AU) law by focusing on the evolutionary process which it posits is underpinned by the evolution and operationalization of norms. Focusing on the peace and security arena, the chapter highlights the role that the African Peace and Security Architecture (APSA) plays in the evolutionary process of mainstreaming two contemporary issues – human rights and youth – into conflict prevention. The case studies of two thematic areas – human rights and youth – are used to highlight how issues hitherto thought to be unconnected to the peace and security agenda are gaining traction as being fundamental to it. The chapter discusses how the actions of and interactions among conflict prevention elements of the APSA have precipitated jurisprudence and practice on mainstreaming human rights and youth into the peace and security agenda. These norms, it is posited, underpin principles and actions that over time become state practice, or custom, within and among the AU Member States thereby contributing to its body of laws. In a nutshell, the chapter posits that mainstreaming at the continental level has impacts on regional institutions and Member States to the extent that they form part of the custom of practice, hence, form part of the evolving body of AU law.