By Reagan Gatluak Gatwech, Kampala, Uganda
August 15, 2016 (SSB) — Following the fighting that broke out outside the presidential palace in Juba on the eve of independence celebrations, IGAD called for an intervention brigade. Such a brigade was first proposed in 2014 during the mediation but weakened as the UN and IGAD could not agree on its relationship to the UN peacekeeping mission in South Sudan (UNMISS), or on the mechanisms of financial and logistical control.
When a State interferes in the political affairs of another State by invitation, or on request, it cannot be considered as an unlawful act. Interference of a State can never be unlawful if it is for the sake of humanity. It is necessary that the two States agree on the matter of intervention through a treaty. A request for assistance is not an unlawful act.
Similarly, the 27th African Union assembly in Kigali, Rwanda also resolved that Uganda, Sudan, Rwanda, Ethiopia and Kenya shouldcontribute a regional force to South Sudan whichfollowing the renewed fighting in Juba. However, there is need to clarify on what intervention really means, circumstances that warrant it, legal grounds for intervention in civil wars and also draw a distinction between military intervention and a protection force.