On the Road to Silent Guns: Examining the Regional Regulation of States’ Use of Force during Counterterrorism Policing in Africa

Abstract

Terrorism is currently one of the principal threats to peace and security in Africa. In law enforcement responses to terrorism, affected states often employ excessive or indiscriminate force through their security forces. In addition to violating international legal standards, research suggests that this unlawful use of force is itself a driver of violence, potentially perpetuating terrorist violence in a continent vulnerable to violent extremism. This article 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 the counterterrorism architecture and human rights system. The article finds that whilst some positive steps have been made towards greater respect of international norms, the current response has material gaps and inadequacies. A two-pronged framework for a comprehensive regional response to the problem is proposed, combining clarification of the applicable rules with greater action from regional institutions.