International Law Response to Terrorism: Boko Haram in Perspective

Owie, Udoka Ndidiamaka

doi:10.1007/978-3-319-74957-0_5

Udoka Ndidiamaka Owie^3,4

705 Accesses
1 Citations

Abstract

Al-Qaida, the Islamic State, Boko Haram, Al-Shabaab and Ansar Dine are names identified with terror in contemporary times. The growing political and economic divide between individuals and States has fuelled a culture of extremism and intolerance with the consequent empathy for terrorism, the growth of terrorist networks and the financing of terrorism. The security crisis in the Northeastern part of the Federal Republic of Nigeria, due to the activities of the Boko Haram group, has caused a humanitarian crisis that has imperilled millions of lives, especially vulnerable groups like children, as well as implicated a response from neighbouring States, thereby resulting in an international crisis. The prevalence, scale and devastation of the terrorist attacks of Boko Haram impel a re-examination of international law and its mechanisms for responding to terrorism. In the wake of the heinous terrorist attacks of 9/11, it was felt in some quarters that international law was inadequate in its response to global terrorism. As globalisation has become more extensive in its permeation of modern society since 9/11, so has modern society become more susceptible to terrorist attacks and to this extent underscore the imperative for the analysis to be undertaken. It is against the backdrop of the foregoing that this paper would seek to critically appraise international law responses to terrorism.

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Notes

1.
See Comolli (2015), pp. 45–49 for various accounts of the rise of the group. However it was not until 2009 that the extremist and radical form of the group manifested.
2.
The term ‘Boko Haram’ means ‘Book is a sin’ which is reflective of the group’s abhorrence for Western education. See Comolli (2015), p. 49.
3.
BBC News (29 June 2015).
4.
BBC News (10 Nov 2014).
5.
Until recently, the Government, politicians and traditional rulers have politicized this security challenge by electioneering through their calculations and permutations.
6.
Section 10 of the Constitution of the Federal Republic of Nigeria 1999, Laws of the Federation of Nigeria, forbids the Government of the Federation or of a State from adopting a State religion. The religious extremism and intolerance in the country, the rise of the Boko Haram and its ideology as well as its objective to establish Nigeria as a Sharia State goes beyond mere coincidence with the establishment of Sharia systems in the Northern part of Nigeria. On Sharia and its nexus to radicalization in Northern Nigeria, see Ray (2016), pp. 1–20.
7.
Means ‘immigrant’ and was a term which was used to refer to students under qu’ranic system of education who were sent to live with teachers and had to resort to begging to cater for themselves as the teachers could not afford to do so; but now used to refer to children beggars.
8.
According to the National Emergency Management Agency of Nigeria (NEMA), the number of internally displaced persons due to the Boko Haram crisis stands at almost 1.4 million as at July 2015. See NEMA (5 July 2015).
9.
The Great Terror.
10.
Guillaume (2004), p. 537. See also Acharya (2009), p. 654.
11.
Responsibility for the proclamation of ‘la Grande Terreur’ being on the National Convention, a faction of which subsequently overthrew Robespierre, he could not be accused of having caused the state of terror so was accused of ‘terrorism’, see Guillaume (2004), pp. 537–538.
12.
Guillaume (2004), pp. 537–538.
13.
United Nations, ‘Measures to Prevent International Terrorism Which Endangers Or Takes Innocent Human Lives Or Jeopardizes Fundamental Freedoms, And Study Of The Underlying Causes of Those Forms of Terrorism and Acts of Violence Which Lie in Misery, Frustration, Grievances and Despair and Which Cause Some People to Sacrifice Human Lives, Including Their Own, in an Attempt to Effect Radical Change’ (Study Prepared by the Secretariat for the Sixth Committee), UN Doc.A/C.6/418 (1972), 6.
14.
Scharf (2004), p. 359.
15.
Guillaume (2004), p. 539.
16.
Saul (2006), p. 5.
17.
Baxter (1974), p. 380.
18.
Cooper (1978), p. 106.
19.
Baxter (1974), p. 380.
20.
Higgins (1997), p. 28.
21.
Higgins (1997), p. 14.
22.
Saul (2006), p. 5.
23.
Saul (2006), p. 7.
24.
League of Nations, Committee of Experts for the Codification of International Criminal Law, Replies of Governments 1927, LoN Doc C.196.M.70.1927.V.221.
25.
Nawaz and Singh (1977), p. 66.
26.
Quoted in Zlataric (1975), p. 478; Saul (2005), p. 59.
27.
Zlataric (1975), p. 480.
28.
UN Secretariat Study 1972, see note 12; Kolb (2004), p. 237.
29.
See Romaniuk (2010), p. 27; Zlataric (1975), pp. 480–482.
30.
Zlataric (1975), pp. 480–482.
31.
Walters (1969), p. 599. See also Proceedings of the International Conference on the Repression of Terrorism, League of Nations Doc. C.94.M.47.1938.V (1938.V.3), pp. 49–50.
32.
League of Nations, Committee for the International Repression of Terrorism, Geneva, 10 April 1935, LoN Doc CRT 1.
33.
Romaniuk (2010), pp. 28–29.
34.
League of Nations Doc. C.546(I0.M.383(I) (1937). It opened up for signature on 16 November 1937, but never entered into force. See Lillich (1982), p. 175, Appendix I.
35.
League of Nations Doc. (1937), Article 1.
36.
The Convention was ratified by India on 1 January 1941.
37.
Charter of the United Nations, 59 Stat. 1031, 1 UNTS XVI, Article 2(4). Reprinted in (1945) American Journal of International Law 39 (Supp. 190), Article 24.
38.
S/RES/57 (1948).
39.
UN General Assembly, Definition of Aggression, 14 December 1974, A/RES/3314, Articles 3(g) and 4; UN General Assembly, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, 24 October 1970, A/RES/2625 (XXV), Article 1.
40.
Richards (2015), p. 41.
41.
UN Doc.A/8969 (1972).
42.
A/RES/3034 (XXVII), 27 UN GAOR Supp., Paragraph 9 (1972).
43.
Observation to the ad Hoc Committee on International Terrorism submitted by the Syrian Republic, UN Doc.A/AAC.160/1 (1973), 6. See also Franck and Lockwood (1974), p. 73; Schmid (2004), p. 386.
44.
Franck and Lockwood (1974), p. 74.
45.
UN Doc. A/34/37 (1979), GAOR, 34th Session, Supp. No. 37.
46.
A/RES/42/159 (1987).
47.
UN Doc. A/44/456/Add.1, 10 October 1989.
48.
A/RES/44/29 (1989), para 1.
49.
See the Declaration on Measures to Eliminate International Terrorism, A/RES/49/60 (1994), Annex. See also the Declaration to Supplement the 1994 Declaration on Measures to Eliminate international Terrorism, A/RES/51/210 (1996), Annex.
50.
A/RES/49/60 (1994); A/RES/51/210 (1996).
51.
India had proposed a comprehensive convention against terrorism and in the wake of the terrorist attacks of 11 September 2001, the United Nations Secretary General submitted a Report to the General Assembly on a comprehensive convention on terrorism, United Nations Secretary General’s Report to the General Assembly, 56th General Assembly Meeting, GA/9914 (24 September 2001).
52.
A/RES/51/210 (1996), para 9.
53.
Annex I of Report of the Working Group on Measures to Eliminate International Terrorism, UN Doc. A/C.6/65/L.10 (3 November 2010), Article 2.
54.
Conte (2010), p. 47; Abi-Saab (2004) p. xiii, xx.
55.
Acharya (2009), p. 656.
56.
Acharya (2009), p. 657.
57.
Romaniuk (2010), p. 33.
58.
704 UNTS 219. It entered into force on 4 December 1969.
59.
704 UNTS 219, Article 1.
60.
860 UNTS 105. It entered into force on 14 October 1971.
61.
860 UNTS 105, Articles 2–4.
62.
860 UNTS 105, Article 1.
63.
974 UNTS 177. It entered into force on 26 January 1973.
64.
974 UNTS 177, Article 1.
65.
1589 UNTS 473. It entered into force on 06 August 1989.
66.
1035 UNTS 167. It entered into force on 20 February 1977. See OAS Convention to Prevent and Punish Acts of Terrorism taking the Form of Crimes against Persons and Related Extortion that are of International Significance 1971, OAS Treaty Series No. 37, entered into force 16 October 1973.
67.
A/RES/34/146 (XXXIV), 34 UN GAOR Supp. (No.46) at 245, (1979); 1316 UNTS 205.
68.
1316 UNTS 205, Article 1.
69.
1316 UNTS 205, Articles 1–2.
70.
1456 UNTS 101. It entered into force on 08 February 1978.
71.
1456 UNTS 101, Article 7.
72.
1678 UNTS 221. It entered into force on 01 March 1992. See Plant (1997), p. 69.
73.
Rome Convention (1988), Article 3.
74.
Rome Convention (1988), Article 5.
75.
1678 UNTS 304. It entered into force on 01 March 1992.
76.
Convention on the Marking of Plastic Explosives for the Purposes of Detection. 30 ILM 721. It entered into force on 21 June 1998.
77.
See Articles 2–3 of the Convention on the Marking of Plastic Explosives for the Purposes of Detection (1991).
78.
See the Convention on the Marking of Plastic Explosives for the Purposes of Detection (1991), Article 4.
79.
UN Doc. A/RES/52/164; 2149 UNTS 284. It entered into force on 23 May 2001.
80.
Saul (2006), p. 131.
81.
United Nations Office on Drug and Crime (2009), p. 13. See generally, Convention on Terrorist Bombings (1997), Articles 2–6.
82.
UN Doc. A/RES/54/109; 39 ILM 390. It entered into force on 10 April 2002.
83.
Includes the Convention for the Suppression of Unlawful Seizure of Aircraft 1970, Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1971, Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents 1973, International Convention against the Taking of Hostages 1979, Convention on the Physical Protection of Nuclear Material 1980, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation 1988, Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988, Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located in the Continental Shelf 1988 and the International Convention for the Suppression of Terrorist Bombings 1997.
84.
The term ‘funds’ means “assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit.” See Terrorism Financing Convention (1999), Article 1(1).
85.
See Article 2(1) of Terrorism Financing Convention (1999).
86.
Terrorism Financing Convention (1999), Articles 4–5.
87.
Terrorism Financing Convention (1999), Articles 7–8.
88.
International Convention for the Suppression of Acts of Nuclear Terrorism 2005, UN Doc.A/RES/59/290. It is yet to enter into force.
89.
See Article 2, International Convention for the Suppression of Acts of Nuclear Terrorism 2005.
90.
Article 4(2) of the International Convention for the Suppression of Acts of Nuclear Terrorism 2005. These activities are governed by international humanitarian law as well as under general international law.
91.
See Article 14 of the International Convention for the Suppression of Acts of Nuclear Terrorism 2005.
92.
Saul (2006), pp. 131–132.
93.
See Article 24 of the Charter of the United Nations.
94.
Article 24 of the Charter of the United Nations.
95.
See S/RES/748 (1992), S/RES/883 (1993), S/RES/1044 (1996), S/RES/1189 (1998), S/RES/1267 (1999), S/RES/1269 (1999), s/RES/1368 (2001) regarding the 11 September 2001 bombing of the United States, S/RES/1373 (2001), S/RES/1438 (2002), S/RES/1440 (2002), S/RES/1450 (2002), S/RES 1465 (2003) with regard to the bomb attack in Bogota, S/RES/1516 (2003) regarding the bombing in Istanbul, S/RES/1530 (2004) regarding the bombing in Madrid, S/RES/1611 (2005) regarding the bombing in London, S/RES/1618 (2005), S/RES/2133 (2014), S/RES/2178 (2014) and S/RES/2249 (2015). The Council in S/RES/1624 (2005), S/RES/2170 (2014) and S/RES/2253 (2015) went further and considered acts of terrorism as one of the most serious threats to peace and security.
96.
S/RES/748 (1992).
97.
S/RES/1054 (1996).
98.
S/RES/1267 (1999).
99.
S/RES/1333 (2000).
100.
S/RES/1390 (2002), S/RES/1989 (2011), S/RES/2161 (2014).
101.
S/RES/1269 (1999), Operative Paragraph 2.
102.
S/RES/1269 (1999), Operative Paragraph 1; see also preamble of S/RES/1390 (2002), S/RES/1989 (2011), S/RES/2083 (2012), S/RES/2161 (2014).
103.
S/RES/1267 (1999).
104.
S/RES/2253 (2015).
105.
S/RES/1373 (2001).
106.
S/RES/1373 (2001), Operative Paragraph 6.
107.
S/RES/1535 (2004), Operative Paragraph 2.
108.
S/RES/1540 (2004), Operative Paragraph 1.
109.
S/RES/1566 (2004), Operative Paragraphs 9–10.
110.
S/RES/1624 (2005), Operative Paragraphs 1–2.
111.
See the UN General Assembly, Definition of Aggression, 14 December 1974, A/RES/3314, Articles 3(g) and 4; UN General Assembly, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, 24 October 1970, A/RES/2625 (XXV).
112.
A/RES/60/288, 20 September 2006.
113.
A/RES/62/272 (2008), A/RES/64/297 (2010), A/RES/66/282 (2012) and A/RES/68/276 (2014).
114.
The Counter-Terrorism Implementation Task Force was endorsed by the General Assembly through the Global Counter-Terrorism Strategy.
115.
See OAS Convention to Prevent and Punish Acts of Terrorism taking the Form of Crimes against Persons and Related Extortion that are of International Significance 1971, OAS Treaty Series No. 37, entered into force 16 October 1973.
116.
OAS Treaty A-66, 42 ILM 19, Articles 3–4.
117.
ETS No. 90 (1977); 1137 UNTS 93.
118.
European Convention (1977), Articles 1, 2 and 6.
119.
Council of the European Union, ‘Framework Decision of 13 June 2002 on Combating Terrorism’, 2002/475/JHA; Council of the European Union, ‘Framework Decision of 28 November 2008, amending Framework Decision 2002/475/JHA on Combating Terrorism’, 2008/919/JHA.
120.
ETS 190 (2003); the Protocol is not yet in force; Saul (2006), p. 148.
121.
ETS No. 196, Articles 5, 6 and 7 (Not yet in force).
122.
UN GAOR, 44th Sess., UN Doc.A/51/136 (1989); South Asian Association for Regional Cooperation (SAARC) Regional Convention on Suppression of Terrorism, South Asian Association for Regional Cooperation (SAARC), 4 November 1987. Saul (2006), p. 153.
123.
South Asian Association for Regional Cooperation (SAARC), Addition Protocol to the SAARC Regional Convention on Suppression of Terrorism, 6 January 2004.
124.
See League of Arab States (April 1998), The Arab Convention on the Suppression of Terrorism 1998. Entered into force 07 May 1999.
125.
See Article 1(2) of the Arab Convention on the Suppression of Terrorism 1998.
126.
See Article 2(a) of the Arab Convention on the Suppression of Terrorism 1998.
127.
See Convention of the Organisation of Islamic Conference on Combating International Terrorism, 1 July 1999, annexed to Resolution 59/26-P (Not yet in force).
128.
See Article 2(a) of Convention of the Organisation of Islamic Conference on Combating International Terrorism 1999.
129.
Treaty on Cooperation among the States Members of the Commonwealth of Independent States in Combating Terrorism, 4 June 1999.
130.
See Organisation of African Unity (1994) Declaration on a Code of Conduct for Inter-African Relations, Assembly of Heads of State and Government, Thirtieth Ordinary Session, Tunis, 13–15 June 1994. See also Saul (2006), p. 160.
131.
AHG/Decl.2 (XXX); see also Report of the Chairperson of the Commission on Terrorism and Violent Extremism in Africa, Peace and Security Council 455th Meeting at the Level of Heads of State and Government, Nairobi, 2 September 2014, PSC/AHG/2 (CDLV), Paragraph 30.
132.
OAU Doc. AHG/Dec.132 (XXXV) 1999, adopted by the 35th OAU Summit in Algiers, 14 July 1999. Entered into force 6 December 2003.
133.
Organisation of African Unity (1999), Article 1.
134.
Organisation of African Unity (1999), Article 3(1).
135.
Organisation of African Unity (1999), Article 3(2).
136.
African Union (8 July 2004) Protocol to the Convention on the Prevention of and Punishment of Terrorism adopted by the 3rd Ordinary Session of the Assembly of the African Union in Addis Ababa, 8 July 2004. (The treaty is not yet in force).
137.
African Union (8 July 2004), Article 2.
138.
PSC/PR/COMM.(CCXLVIX).
139.
African Union High Level Inter-Governmental Meeting on the Prevention and Combating of Terror, Algiers, Algeria, 11–14 September 2002, Mtg/HLIG/Conv.Terror/Plan (I).
140.
African Union, (17 Mar 2013) Ministerial Meeting on The Enhancement of Security Cooperation and the Operationalization of the African Peace and Security Architecture (APSA) in the Sahelo-Saharan Region, Nouakchott.
141.
225 Parry 195; 1 Hudson 1; [1919] UKTS 4 (Cmd. 153). Reprinted in (1919) American Journal of International Law 13 (Supp. 128).
142.
Members are obligated to settle their disputes through arbitration or judicial settlement or enquiry by the Council and are not to resort to force until 3 months after the arbitral award or judicial decision or report as the case may be. See, Article 12.
143.
93 LNTS 343.
144.
See Charter of the United Nations, 59 Stat. 1031, 1 UNTS XVI, Article 2(4). Reprinted in (1945) American Journal of International Law 39 (Supp. 190), Article 24.
145.
United Nations (1945) Article 51.
146.
See Greenwood (2002), p. 301, on the controversial views adopted in the wake of 9/11; however, he argues that the Charter of the United Nations adequately covers the response to the 9/11 attacks.
147.
Nicaragua Case (1986) ICJ Reports 14, at 103, Paragraph 195.
148.
International Court of Justice (2004) ICJ Reports 136, Paragraph 139.
149.
See Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Separate Opinion of Judge Higgins, Paragraph 33; Wedgwood (2005), pp. 57–59; Murphy (2005), pp. 62–70; Kretzmer (2013), p. 246. See also Greenwood (2003), pp. 16–18; Greenwood (2002), p. 307; Franck (2001), pp. 839–840; Paust (2002), p. 533.
150.
See Armed Activities on the Territory of the Congo (The Democratic Republic of the Congo v Uganda) (2005) ICJ Reports 168, Paragraph 147.
151.
Greenwood (2003), p. 17. For a contrary view, see Fassbender (2010), pp. 86–92; and Dupuy (2010), pp. 12–14.
152.
See UN General Assembly, Definition of Aggression, 14 December 1974, A/RES/3314, Articles 3(g) and 4; UN General Assembly, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, 24 October 1970, A/RES/2625 (XXV), Article 1.
153.
S/RES/1368 (2001)
154.
S/RES/1373 (2001)
155.
NATO Press Release 124, 12 September 2001.
156.
See Nicaragua Case Paragraphs 178 and 188.
157.
Jennings (1938), p. 82.
158.
United States Government (Sept 2002), The National Security Strategy of the United States of America, September 2002.
159.
Nicaragua Case, note 147; Gray (2013), pp. 251–252.
160.
Greenwood (2003), pp. 16–18.
161.
Greenwood (2003), p. 11.
162.
Letter from Daniel Webster to Henry S. Fox (24 April 1841), 29 British and Foreign State Papers 1129, 1138 (1857). In: Damrosch et al. (2001), pp. 922, 923.
163.
Greenwood (2003), p. 13. See also Rothwell (2005), p. 339.
164.
International Military Tribunal (Nuremberg), Judgment and Sentences, 1 October 1946 (1947) American Journal of International Law 41: 172, p. 205.
165.
Greenwood (2003), p. 14.
166.
Greenwood (2003), pp. 12–16 citing Sir Arthur Watts, Sir Robert Jennings, Sir Humphrey Waldock, Sir Gerald Fitzmaurice, Judge Stephen Schwebel, and D.W Bowett as proponents of the view supporting a right of anticipatory self-defence; Franck (2002), pp. 103–107; Kretzmer (2013), pp. 264–266; Sofaer (2003), pp. 225–226; Daudet (1997), p. 204.
167.
Higgins (1994), p. 242.
168.
Charter of the United Nations, see note 37, Articles 39, 41 and 42.
169.
S/RES/748 (1992), S/RES/1054 (1996), S/RES/1333 (2000), S/RES/1390 (2002), S/RES/1989 (2011), S/RES/2083 (2012), S/RES/2161 (2014).
170.
International Law Commission (1954) ILC Draft Code of Offences against the Peace and Security of Mankind (Part I), in ILC 6th Sess. Report (3 June-28 July 1954), UN Doc A/2693, as requested by UN General Assembly Resolution 177(II), 21 November 1947; (1951) Volume II Yearbook of the ILC 134. See also Saul (2006), p. 176.
171.
International Law Commission (1954), Article 2(6).
172.
Saul (2006), p. 176.
173.
Saul (2006), p. 176.
174.
Higgins (1997), pp. 26–27; Saul (2006), p. 177.
175.
International Law Commission (1954), Article 1.
176.
See General Assembly, Definition of Aggression, 14 December 1974, A/RES/3314, Articles 3(g) and 4; UN General Assembly, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, 24 October 1970, A/RES/2625 (XXV), Article 1.
177.
(1991) Volume II Yearbook of the ILC, para 175; ILC (47th Sess.), 13th Report of the Special Rapporteur (1995), UN Doc. A/CN.4/466.
178.
(1991) Volume II Yearbook of the ILC, Article 24.
179.
Saul (2006), p. 179.
180.
Allain and Jones (1997), p. 100.
181.
ILC, Report on 48th Sess., 6 May – 26 July 1996, UN Doc. A/51/10; 51 UN GAOR Supp. (No. 10) p. a14.
182.
(1996) Volume II Yearbook of the ILC (Part II) 17, Article 20(f)(iv); see also Saul (2006), p. 180.
183.
Saul (2006), p. 180.
184.
Annexed to Security Council Resolution 827 (1993), UN SCOR 48th Sess., UN Doc. S/RES/827 (1993); 32 ILM 1159, Articles 1–5.
185.
Case No. IT-98-29-T (Trial Chamber Decision, 5 December 2003, Paragraphs 133 and 138.
186.
Annexed to Security Council Resolution 955 (1994), UN SCOR 49th Sess., UN Doc. S/RES/955 (1994); 33 ILM 1598, Article 1.
187.
See Articles 2–4 of the ICTR Statute.
188.
A/RES/51/160 (1996), Paragraph 2.
189.
Draft Statute of the ICC, Article 5, in Official Records of the UN Diplomatic Conference of Plenipotentiaries on an International Criminal Court, Rome, 15 June -17 July 1998, UN Doc. A/CONF.183/13, volume III, 21. See also Report of the Preparatory Committee, UN Doc A/Conf.183/2/Add.1 (14 April 1998) 2, GAOR 51st Sess., Suppl. No.22, Volume I.
190.
Saul (2006), p. 181.
191.
Ortega (1997) The ILC Adopts the Draft Code of Crimes against the Peace and Security of mankind. Max Planck Yearbook of United Nations Law 1: 283, p. 304; Report of the Preparatory Committee for the Establishment of an International Criminal Court, GAOR 51st Sess., Suppl. No. 22, Volume I, paras 5–115.
192.
A./CONF.183/9 of 17 July 1998.
193.
2187 UNTS 90. It entered into force on 1 July 2002.
194.
Saul (2006), p. 181.
195.
See 2187 UNTS 90. It entered into force on 1 July 2002.
196.
Saul (2006), pp. 182–183.
197.
Rome Statute of the ICC (1998), Article 5.
198.
Saul (2006), p. 182.
199.
Arsanjani (1999), p. 29.
200.
See also Saul (2006), p. 183 and Arsanjani (1999), p. 31.
201.
UN Doc. S/2002/246, Appendix II, 2178 UNTS 138, (2003) American Journal of International Law 97: 295, Articles 1–5.
202.
Law on the Establishment of The Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea 2001, As Amended on 27 October 2004 (NS/RKM/1004/006).
203.
Annexed to SCR 1757 (2007), 5685th Meeting, U.N. Doc. S/RES/1757 (2007), Article 1(1).
204.
See Articles 3 and 4 of the Statute of the Extraordinary African Chambers within the Senegalese Judicial System for the Prosecution of International Crimes Committed on the Territory of the republic of Chad during the period from 7 June 1982 to 1 December 1990.
205.
See Article 7(2)(d) of the Statute of the Extraordinary African Chambers within the Senegalese Judicial System for the Prosecution of International Crimes Committed on the Territory of the republic of Chad during the period from 7 June 1982 to 1 December 1990.
206.
Security Council Press Release, SC/11410, 22 May 2014.
207.
S/RES/2083 (2012), Operative Paragraph 1.
208.
Security Council Press Release, SC/11455, 26 June 2014.
209.
S/RES/2161 (2014), Operative Paragraph 1.
210.
Resolution of 17 July 2014 (2014/2729 (RSP)); Resolution of 04 July 2013 (2013/2691 (RSP)); Resolution of 15 March 2012 (2012/2550 (RSP).
211.
Regulation No. 583/2014, Annex.
212.
Assembly/AU/Dec.536 (XXIII).
213.
Press Release of 12 January 2015; Press Release of 21 May 2014; Press Release of 02 May 2014.
214.
Act No. 10, 03 June 2011, Articles 1–13.
215.
See Section 1((2) of the Terrorism Prevention Act (2011), Laws of the Federation of Nigeria.
216.
Blanchard and Blanchard (2015).
217.
Blanchard and Blanchard (2015).
218.
See Communiqué of the Peace and Security Council of the African Union, 489th Meeting, 3 March 2015, Addis Ababa, Ethiopia, PSC/PR/Comm.CDLXXXIX) REV. 1. See also Blanchard and Blanchard (2015).
219.
Rome Statute of the ICC (1998), Articles 13(a) and 14.
220.
Rome Statute of the ICC (1998), Article 13(b).
221.
Rome Statute of the ICC (1998), Articles 5 and 7.

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Osgoode Hall Law School, York University, Toronto, ON, Canada
Udoka Ndidiamaka Owie
Baze University, Abuja, Nigeria
Udoka Ndidiamaka Owie

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Udoka Ndidiamaka Owie
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School of Law, University of Venda, Thohoyandou, South Africa
John-Mark Iyi
Faculty of Law, University of Johannesburg, Johannesburg, South Africa
Hennie Strydom

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Owie, U.N. (2018). International Law Response to Terrorism: Boko Haram in Perspective. In: Iyi, JM., Strydom, H. (eds) Boko Haram and International Law. Springer, Cham. https://doi.org/10.1007/978-3-319-74957-0_5

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DOI: https://doi.org/10.1007/978-3-319-74957-0_5
Published: 28 June 2018
Publisher Name: Springer, Cham
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Online ISBN: 978-3-319-74957-0
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