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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The nationalisation of terrorism: national responses to terrorism through legislation
Author:Makumi, M.
Year:2009
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Volume:35-40
Pages:125-141
Language:English
Geographic term:Kenya
Subjects:legislation
terrorism
Abstract:When States join the international system they expect that international law will protect them from all manner of unwarranted attacks against their sovereignty and territorial integrity. However, when international law protects them, it is against other States, not non-State actors. States have proved unequal to the task of making international law protect them, because they have been unable to create a global treaty against terrorism. The recent tempo of terrorist activities has prompted States to address the problem of terrorism. Some of the responses have been military, while others have been legal. This paper is concerned with the legal responses and, particularly, with one national legal response, as contained in the Suppression of Terrorism Bill 2003, of Kenya. The paper argues that this kind of national legal response - making national laws to combat terrorism - is part of the wave of the nationalization of terrorism. It reflects the inability of the international community to reach a consensus on an international treaty which, in turn, reflects the inability of States to conceptualize the understanding that terrorist actors are both State and non-State, and hence responses must target both these types of actors. Notes, ref. [ASC Leiden abstract]
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