This article examines article 4(h) of the Constitutive Act of the African
Union, which provides for military intervention in an AU member state by
the AU to stop mass atrocities, namely, serious human rights violations
constitutive of international crimes. The article identifies a five-prong,
sequential and cumulative test as applied in Darfur (Sudan) and Libya.
This test is largely based on article 4(h), the Pretoria Principles on Ending
Mass Atrocities Pursuant to Article 4(h) of the Constitutive Act of the
African Union, and related sources. Although not binding, the Pretoria
Principles, drafted and adopted by a group of experts following a
conference convened by the University of Pretoria in December 2012,
provide a complete set of guidelines to apply and implement article 4(h).
In applying this test, it is concluded that article 4(h) should have been
applied and is still applicable in Darfur and Libya.