Counterterrorism Law and Practice in the East African Community

This book examines the existing counter-terrorism laws and practices in the six-member East African Community (EAC) as it applies to a range of law enforcement and military activities under various international legal obligations. Dr. Christopher E. Bailey provides a comparative examination of existing national law for EAC countries, including compliance with obligations under international human rights and international humanitarian law, and offers a range of legal reform recommendations. This book addresses two primary, related research questions: To what extent do the current national counter-terrorism laws and practices of the EAC Partner States comply with existing international human rights safeguards? What laws or practices can the EAC adopt to achieve better compliance with human rights safeguards in both civilian and military counter-terrorism operations?

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Biographical Note

Dr. Christopher E. Bailey, SJD (2018) is an Associate Professor at the U.S. National Intelligence University. He has published articles on national security, intelligence, and East African issues, including one on the Uganda-LRA conflict (2017).

Table of contents

Disclaimer

AbstractI

List of Tables

List of Abbreviations

1 Counterterrorism in the East African Community
 1.1 Introduction: Partners in a Shared Fight
 1.2 The East African Community
 1.3 The Need for a Regional Legal Framework for Counter-Terrorism
 1.4 Book Overview
 1.5 Key Findings

2 A Normative Framework for Counterterrorism Law in the EAC
 2.1 Introduction: A Counterterrorism Framework for the EAC
 2.2 International Human Rights Law
 2.3 African Human Rights Law
 2.4 The Transition to the Use of Force and UN Charter Law
 2.5 International Humanitarian Law
 2.6 Concluding Comments

3 Counterterrorism Law and Practice in Kenya
 3.1 Introduction: Kenyan Law and Practice
 3.2 The Administration of Justice: Courts, Statutes and Issues
 3.3 The Terrorism Threat to Kenya: Domestic and Foreign Actors
 3.4 Counterterrorism Assessment and Recommendations

4 Counterterrorism Law and Practice in Uganda
 4.1 Introduction: Ugandan Law and Practice
 4.2 The Administration of Justice: Courts, Statutes and Issues
 4.3 The Terrorism Threat to Uganda: Domestic and Foreign Actors
 4.4 Counterterrorism Assessment and Recommendations

5 Counterterrorism Law and Practice in Burundi and Rwanda
 5.1 Introduction: Ethnic Conflict between the Hutu and the Tutsi
 5.2 Burundian Counterterrorism Law and Practice
 5.3 Rwandan Counterterrorism Law and Practice
 5.4 Counterterrorism Assessment and Recommendations

6 Counterterrorism Law and Practice in Tanzania
 6.1 Introduction: Tanzanian Law and Practice
 6.2 The Administration of Justice: Courts, Statutes and Issues
 6.3 The Terrorism Threat to Tanzania: Domestic and Foreign Actors
 6.4 Counterterrorism Assessment and Recommendations

7 Towards Community Integration
 7.1 Introduction: The Fundamental Principle of Increased Political Legitimacy
 7.2 Key Findings and Recommendations
 7.3 Recommended Changes in EAC National Laws
 7.4 The EAC: The Need for a Mutual Legal Assistance Treaty (MLAT)
 7.5 Counterterrorism Assessment and Recommendations

8 Table of Authorities
 8.1 International Treaties
 8.2 Municipal Statutes
 8.3 Municipal Case Law
 8.4 International Case Law

Bibliography
 General Sources
 Burundi Sources
 Kenya Sources
 Rwanda Sources
 South Sudan Sources
 Tanzania Sources
 Uganda Sources
 Other International Sources

Index

Readership

This book would be of immediate interest to law libraries, academics, and international law practitioners, as well as persons interested in East African terrorism, counter-terrorism law, and political-military issues.

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