Oau Treaty Under The Framework Of The Legal Regime Against Terrorism

In a changing world and after the horrific events of 11 September, the growing menace of international terrorism became an increasing threat to our human civilization, societies, and set of values: this required a global response from each and every member of the international community. Solidarity and unity against this threat are instrumental factors to guarantee the success of worldwide efforts capable of defeating this dangerous threat: the African convention is without doubt to be considered a building block in this goal effort, along with other regional conventions and the United Nations' endeavors to serve this cause.On 14 July 1999 at Algiers, the Organization of African Unity, now the African Union adopted the convention on the prevention and combating of terrorism.The convention is an elaborate outcome of the Organization and its members' endeavors to maximize the level of cooperation among them in the field of combating international terrorism. To understand and analyze the Algiers convention we need to view it as a part of long process within the organization's efforts to enhance cooperation in this field.This process included the adoption of a Declaration on a Code of Conduct for Inter-African Relations, at the 30th Ordinary Session of the Assembly, held in Tunis, Tunisia, in June 1994. It denounced, among others, extremism and terrorism particularly based on political sectarianism, tribalism, ethnicity or religion as undermining the moral and human values of peoples, particularly fundamental freedoms and tolerance.This research is divided in five chapters, except the introduction and the conclusion. Chapter 1 concentrates on the complex issue of how terrorism should be defined, a problem which neither the legal theorists, nor the law practitioners have approached in a united way during the recent discussions. In addition, the conception of terrorism which creates the basis of many international instruments aimed at measures against terrorism is outlined. Chapter 2 then presents the issue of terrorism in Africa, providing a general overview of Africa's past encounters with terrorism and the subsequent consequences of such acts, while chapter 3 follows by outlining Africa's legal instruments applicable to the prevention and combating terrorism: from OAU to AU, which demonstrate the effort made by the continent to respond to terrorism. Chapter 4 explores the implementation of the Algiers Convention, whether or not State members have concretized their commitments taken in the Algiers Convention. Chapter 5 focuses on the impact of the Algiers Convention on national legislation. This chapter aims to analyze whether or not the Algiers Convention has had a real effect since it entered into force, and what the impact of the Convention has been on human rights. I will conclude by the final analysis on the Algiers Convention and I will suggest some recommendations to succeed the war on terror.