“Operation Restore Democracy” In The Gambia: The Legitimacy of Military Intervention

Despite intense criticism, Yahya Jammeh who had seized the power by military coup of 1994, managed to keep the lead in the elections held in 2001, 2006 and 2011. Jammeh’s consolidation of power established an authoritarian rule which undergone a massive erosion with the loss of elections held December 1, 2016. Jammeh's reluctance to hand the power to his elected successor and the escalation of the crisis were reacted on by the international community, including the African Union, ECOWAS and the UN Security Council. In order to implement the December 2016 election results which resulted in a constitutional crisis, ECOWAS has successfully used the threat to use force “to restore democracy again”. However, ECOWAS's request to use force and preparation for the use of force challenged certain legal aspects of the use of force. This study claims that ECOWAS's military intervention in the Gambia is problematic and questionable in terms of international law. In this context, the purpose of the study is to discuss the legitimacy of the intervention.