African Counter-Terrorism Legal Frameworks - a Decade after 2001

As we approach the first decade after the 11 September 2001 (9/11) terrorist attacks in the US, and with the recent shift in rhetoric and tone after the ‘global war on terror’, it is timely to take stock of African criminal justice responses to the threat of terrorism.|Law, based on regional and international legal frameworks, is a key part of any legitimate and effective counter-terrorism strategy. Law-based responses are undoubtedly an asset in the long-term struggle against extremist violence.|Ultimately, compliance with the rule of law expressed through internationally and regionally agreed instruments, and in national laws, is what distinguishes legitimate actors from terrorists. Time has shown that government counterterrorism actions that have not complied with international law have been actions that undermine the global response to terrorism in the long term.|Ratification of the range of universal and regional instruments on counterterrorism is generally considered an important component of this ‘law as strategy’ approach. UN Security Council (UNSC) resolution 1373, passed shortly after the 11 September attacks, calls on all states to pass comprehensive counter-terrorism laws and measures, including by ratifying various international instruments and complying with legally binding UNSC resolutions. The global response is based on national level legal measures that aim to underpin legitimate, effective and coordinated actions to prevent and respond to terrorism. The international instruments can provide a ready and legitimate template for the development of national laws and a basis for international legal cooperation.