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The use of force in counterterrorism policing in Africa under international law
Thesis (LLD)--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613713957126144 |
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| access_status_str | Open Access |
| author2 | Heyns, Christof |
| author_browse | Heyns, Christof |
| author_facet | Heyns, Christof |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/84213 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:31.851Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/84213 The use of force in counterterrorism policing in Africa under international law Heyns, Christof alerofene@gmail.com Casey-Maslen, Stuart Fenemigho, Alero Itohan UCTD Counterterrorism policing Human rights and counterterrorism Use of force in counterterrorism African Union counterterrorism architecture African Union human rights system Thesis (LLD)--University of Pretoria, 2022. Terrorism is a major threat to peace and security in Africa. In law enforcement responses to terrorism, affected states often employ excessive force. In addition to violating international law and standards, research suggests that excessive force is itself a driver of violence, pushing the victims and their families into the arms of terrorist groups. This potentially perpetuates terrorist violence in a continent vulnerable to violent extremism and to whom terrorism now presents the principal threat to peace and security. This thesis considers what legal, institutional, and policy interventions relevant African regional institutions can make to ensure that the use of force in counterterrorism policing on the continent is brought into line with the international standards. In doing so, it examines and clarifies the regulation of the use of force in counterterrorism policing under international law- highlighting the difference in the law enforcement and the conduct of hostilities rules for the use of force and their scopes of application, and also addressing the issue of the interplay between both sets of rules. In seeking to identify trends in the use of force during counterterrorism operations on the African continent, it uses Egypt, Kenya, and Nigeria as illustrative case studies. In addition, it assesses the legal and policy response of the African regional system to the use of excessive force during counterterrorism policing, focusing principally on the roles of relevant counterterrorism and human rights institutions. The thesis finds that while there have been some positive strides towards greater respect for international norms, the current response by the institutions evidences material gaps and significant inadequacies. The thesis then proposes a two-pronged framework for a comprehensive regional response to the use of excessive force during counterterrorism policing in Africa, based on the clarification of the applicable rules to states; as well as on further roles and actions that regional institutions need urgently to take. Such roles include the design of scenario training programmes for law enforcement (which should be based on the clarified rules), the creation of a dedicated special mechanism for the promotion and protection of human rights while countering terrorism in Africa (in the form of an independent expert), and the establishment of human rights-compliant use of force during counterterrorism policing as an African Union institutional policy. Centre for Human Rights LLD Unrestricted 2022-02-25T08:26:01Z 2022-02-25T08:26:01Z 2022 2021 Thesis * A2022 http://hdl.handle.net/2263/84213 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Counterterrorism policing Human rights and counterterrorism Use of force in counterterrorism African Union counterterrorism architecture African Union human rights system The use of force in counterterrorism policing in Africa under international law |
| title | The use of force in counterterrorism policing in Africa under international law |
| title_full | The use of force in counterterrorism policing in Africa under international law |
| title_fullStr | The use of force in counterterrorism policing in Africa under international law |
| title_full_unstemmed | The use of force in counterterrorism policing in Africa under international law |
| title_short | The use of force in counterterrorism policing in Africa under international law |
| title_sort | use of force in counterterrorism policing in africa under international law |
| topic | UCTD Counterterrorism policing Human rights and counterterrorism Use of force in counterterrorism African Union counterterrorism architecture African Union human rights system |
| url | http://hdl.handle.net/2263/84213 |