Legitimacy, rebellion, and the sanctification of violence: Rethinking international law, theology, and human rights in Africa's armed conflicts

Abstract

War and violence in Africa's postcolonial conflicts are fundamentally shaped by contested claims of legitimacy across law, politics, and religion. This article argues that the prohibition on the use of force under Article 2(4) of the UN Charter has operated asymmetrically, privileging state authority while marginalizing internal struggles for justice. Although Article 1(4) of Additional Protocol I recognized wars of national liberation, it entrenched hierarchies that legitimize some forms of violence while delegitimizing others. In parallel, religious narratives have been mobilized to both sanctify resistance and justify coercion by state and non-state actors. Drawing on African philosophical traditions, particularly ubuntu, and the African human rights framework, the article advances a reconstructive vision of legitimacy grounded in relational dignity, responsibility, and the preservation of life, challenging the enduring sanctification of violence in law and theology.