Towards an African professional history of international law: The life and work of Kéba Mbaye
Abstract
Kéba Mbaye (1924-2007)2
was a Senegalese jurist who served with
distinction in the Senegalese judiciary, the United Nations human rights
system, the International Court of Justice (ICJ), in ad hoc international
tribunals, and in the Olympic movement.3
He was most notably the
‘inspirer and author of the preliminary draft’4
of the African Charter on
Human and Peoples’ Rights (African Charter). He also led the drafting
of important international legal instruments including the Organisation
for the Harmonisation of Business Law in Africa (OHADA)5
legal
framework, the Statute of the Court of Arbitration for Sport, and the LinasMarcoussis Peace Agreement. He served on international commissions
on bioethics, labour law, and for the investigation of mass human rights
violations in Yugoslavia, Southern Africa, and Palestine, among others.
He helped mediate peace through conciliation first in the OAU structures
of the 1980s, and later in the Ivorian peace process. He both campaigned
against apartheid in the early 1980s and led South Africa’s readmission
to the Olympic movement after the fall of apartheid. At home, he guided
Senegal’s transition to multiparty politics in the early 1990s.