Brothers in law and arms: a critical analysis of the legal framework for criminalisation, enforcement, and cooperation for combatting terrorism in the Lake Chad basin.

The states of the Lake Chad Basin, Cameroon, Chad, Niger and Nigeria, have been experiencing an increased spate of terrorism since 2009. Terrorism in the region is inherently transnational, therefore the states of the region must cooperate to synergise action to prevent terrorism and bring terrorists to justice. This thesis critically examines the role of the legal framework in combatting the problem of terrorism and considers how well it enables cooperation. Terrorism is an international phenomenon and international law in the form of treaties, provide the template with which the states can act to address it. That template also provides the legal basis for cooperation. However, the nature of international law is such that whilst conventions, and resolutions and other forms of international law, can direct states on the actions they should take, it is for states to take the necessary action to enact domestic laws in accordance with those agreements, and to make use of the avenues for cooperation provided in international law. This thesis identifies the prevalent acts of terrorism in the region, the international law response to those terrorists acts in the form of conventions, and how the states of the region have reproduced those provisions in their jurisdictions. The avenues for cooperation in the form of agreements for judicial cooperation, bilateral and multilateral extradition treaties are also addressed in this thesis. The approach taken was to categorise and examine separately three facets of the action against terrorism: criminalisation, enforcement, and cooperation. It is demonstrated that the domestic laws of the states criminalising acts of terrorism in the Lake Chad Basin require a degree of amendment to cover the acts of terrorism as the subject of the germane international conventions. There is also a need to address some variance in the domestic law on cooperation, as this hampers cooperation within the region. Furthermore, the legal framework for combatting terrorism in the region is slow, in part on account of the lack of specialised legal knowledge and experience. This can lead to alleged terrorists being freed by the courts or offered amnesty. It is argued, therefore, that the states in the Lake Chad Basin act to amend and improve their domestic law, and become party to further treaties where appropriate, to reflect the aspirations of the international attempts to prevent and punish alleged terrorists.

Author dc:creator

• George, Joseph

Advisor dc:contributor.advisor

• P. Arnell

• Terrorism
• Lake Chad basin
• International law
• Domestic law
• Legal framework
• Punishment
• Amnesty
• Criminalisation
• Enforcement

Language dc:language

en

Identifier

oai:rgu-repository.worktribe.com:3475612
https://doi.org/10.48526/rgu-wt-3475612

Author Identifier

0000-0002-8726-4951

OAI identifier oai:identifier

oai:rgu-repository.worktribe.com:3475612