Abstract
Terrorism clearly has a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and physical integrity of victims. Globally, terrorism is now viewed as a public emergency and post 9/11 counter terrorism strategies have combated terrorism as one would a public emergency. Nigeria desired the protection of its citizens from the violations of their human rights hence the enactment of certain counter terrorism strategies. This paper investigated the extent to which counter terrorism strategies enacted and implemented by the Nigerian state resonate with international best practices for protection of human rights while confronting a public emergency. The paper found that Nigeria seemed to have designed her counter terrorism strategies to counter the very lofty ideals of human rights which she is internationally obligated to protect. The study concluded that internationally accepted norms for derogation under international human rights law in the face of public emergency has been exceeded by the Nigerian state through draconian strategies such as arbitrary arrest, unlawful detention, extra judicial killings, inhumane treatment and torture. The paper recommended both normative and institutional reforms such that the Nigerian counter-terrorism legal framework becomes anchored on internationally accepted norms of non-derogation of core rights to life, personal dignity, freedom from torture, cruel and inhumane treatment even in times of public emergency. Keywords: Counter terrorism strategies, Human Rights, Public Emergency, Terrorism. DOI: 10.7176/JLPG/117-06 Publication date: January 31 st 2022
Highlights
This works seeks to determine the extent to which the Nigerian Counter terrorism strategies (CTS) resonate with international best practices while countering terrorism as a public emergency
This paper investigated the extent to which counter terrorism strategies enacted and implemented by the Nigerian state resonate with international best practices for protection of human rights while confronting a public emergency
The study concluded that internationally accepted norms for derogation under international human rights law in the face of public emergency has been exceeded by the Nigerian state through draconian strategies such as arbitrary arrest, unlawful detention, extra judicial killings, inhumane treatment and torture
Summary
This works seeks to determine the extent to which the Nigerian Counter terrorism strategies (CTS) resonate with international best practices while countering terrorism as a public emergency. The principal provision on permissible limits of derogations of human rights during state of emergency by international convention is found in Article 4 (1) of the ICCPR which provides : In the time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely. State Party, it may take measures derogating from its obligations under the present Convention to the extent and for the period of time strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law and do not involve discrimination on the ground of race, color, sex, language, religion, or social origin.”. The Commission and subsequently the Court developed the following criteria for scrutiny of application by state for derogation of human rights in times of public emergency: 1. The emergency must be actual or imminent
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