Kabarak University: Experts warn of new scramble for Africa as rule of law crisis deepens

A view of the International Court of Justice (ICJ) during a hearing as part of South Africa's request on a Gaza ceasefire in The Hague, on May 24, 2024. [AFP]

International legal experts have warned that the rule of law is in crisis and could plunge Africa into a new era of neo-colonial exploitation driven by global competition for resources.

Speaking during the Bonaya Godana Distinguished Lecture at Kabarak University, former President of the International Court of Justice (ICJ), Judge Abdulqawi Yusuf, warned of an intensifying global scramble for Africa’s natural resources.

He argued that unless the global legal system evolves to safeguard Africa’s wealth, the continent risks returning to an era where “the law of force” determines the fate of nations.

The lecture focused on the historical transformation of Africa’s legal identity, with Judge Yusuf noting that for centuries the continent was excluded from shaping international law.

“For a long time, Africa was not a subject of international law, but an object of it. It was a territory over which others exercised their will and the map upon which they drew their interests,” Judge Yusuf noted.

He further warned that the international system is weakening, with the rule of law increasingly undermined.

“The promise of the United Nations Charter is under unprecedented threat. We see the illegal use or threat of force becoming a tool for resource security while the international rule of law stands paralysed by geopolitical interests,” he said.

Judge Yusuf paid tribute to the late Dr Bonaya Godana, whose work on international water law and shared resources, he said, laid a strong foundation for African sovereignty.

He praised Godana’s scholarship, describing him as a statesman whose vision extended beyond the continent.

“His vision as a statesman and international lawyer transcended the African continent and embraced all the peoples of what we call today the Global South,” Yusuf noted.

He described Godana’s legal philosophy as one rooted in development and human dignity.

“Dr Bonaya Godana was a pioneer who understood that for Africa, the law must be a shield for development, not a fence for exclusion,” he said.

Dr Bonaya Godana, a prominent Kenyan politician and international law scholar, died on April 10, 2006, in a Kenya Air Force plane crash in Marsabit while on a peace mission.

He is widely recognised for his contributions to legal frameworks on natural resources and diplomacy in Africa, particularly his advocacy for African-centred approaches to international water law.

Scholars at the event described his work as ahead of its time, noting its continued relevance in contemporary legal debates.

Judge Yusuf warned of a renewed scramble for resources driven by global demand for critical minerals and energy, arguing that Africa’s sovereignty remains under threat.

He said the rule of law is the only safeguard against exploitation and geopolitical domination.

“It is only the rule of law which can protect African peoples. It is only the rule of international law and the authority of the rule of law that can safeguard their interests,” he said.

He urged African legal scholars to lead the development of international law and move from being subjects of legal systems to creators of them.

Kabarak University Vice Chancellor Prof Henry Kiplagat said the lecture honoured Dr Godana’s legacy as a scholar who viewed law as a tool for development.

“This lecture honours the legacy of Dr Bonaya Godana, who was a great Kenyan statesman and international lawyer committed to uplifting the peoples of Africa,” he said.

He announced the establishment of a blog in Godana’s honour to promote scholarship in international law.

Principal Secretary for Foreign Affairs Sing’oei noted that Godana’s academic excellence translated into diplomatic influence for Kenya.

“Dr Godana remains a model of how the force of law can be utilised to uplift the poor and ensure more equality among nations,” he said.

Dr Godana’s widow, Sarah Bonaya, described him as disciplined, focused, and deeply committed to his work and legacy.