What were the legal justifications used by European powers for the Partition of Africa?

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What were the legal justifications used by European powers for the Partition of Africa?

The legal justifications used by European powers for the Partition of Africa can be categorized into three main arguments: the Doctrine of Discovery, the Berlin Conference, and the concept of "effective occupation."

1. Doctrine of Discovery: European powers claimed that they had the right to colonize and control African territories based on the Doctrine of Discovery. This doctrine originated from the 15th century and was used to justify European exploration and colonization around the world. According to this doctrine, if a European power discovered a new territory that was not already under the control of a Christian ruler, they had the right to claim it as their own. This argument was based on the belief that non-Christian societies were considered uncivilized and therefore could be colonized and ruled by European powers.

2. Berlin Conference: The Berlin Conference of 1884-1885 was a meeting of European powers held in Berlin, Germany, to discuss the division of Africa among themselves. The conference aimed to establish rules for the colonization of Africa and prevent conflicts between European powers. The legal justification used during this conference was the principle of "effective occupation." According to this principle, European powers had to demonstrate effective control over a territory in order to claim it. This meant that simply discovering a territory was not enough; they had to establish a presence, such as setting up administrative structures or military control, to legitimize their claim.

3. Effective Occupation: The concept of "effective occupation" was further developed after the Berlin Conference. European powers argued that they had the legal right to colonize African territories if they could demonstrate effective control over them. This control could be established through various means, including military presence, administrative control, economic exploitation, or treaties with local leaders. The idea behind this justification was that European powers believed they were bringing civilization, progress, and development to Africa, and therefore had the right to govern and exploit its resources.

It is important to note that these legal justifications were largely imposed by European powers and did not take into account the rights or consent of the African people. The Partition of Africa resulted in the arbitrary division of territories, disregarding existing cultural, ethnic, and political boundaries, and had long-lasting negative consequences for the African continent.