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Beyond the 'War on Terror'

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Beyond the 'War on Terror' ISS MONOGRAPH 165 ISS Head Office Block D, Brooklyn Court, Veale Street MAGHREB THE RESPONSESIN JUSTICE TERRORISM OF CRIMINAL TO A STUDY ON TERROR’: ‘WAR BEYOND THE New Muckleneuk, Pretoria Beyond the Tel: (27-12) 346 9500 Fax: (27-12) 346 9570 E-mail: [email protected] ISS Addis Ababa Office ‘War on Terror’ First Floor, Ki-Ab Building, Alexander Pushkin Street, Pushkin Square, Addis Ababa The US-led ‘War on Terror’ is coming to a A study of criminal justice responses to timely end. As a result, Africa is entering a new Tel: (251-11) 372 1154/5/6 Fax: (251-11) 372 5954 E-mail: [email protected] era of counter-terrorism, one shaped by African terrorism in the Maghreb realities and priorities and less reliant on pure ISS Cape Town Office intelligence-driven and military responses. 67 Roeland Square, Drury Lane Gardens Criminal justice responses that uphold human Cape Town 8001 South Africa rights and ensure due process are likely to Tel: (27-21) 461 7211 Fax: (27-21) 461 7213 become more widespread and should be a key E-mail: [email protected] element of broader societal counter-terrorism strategies. ISS Nairobi Office This important and timely study is a 5th Floor, Landmark Plaza preliminary assessment of the extent to which Argwings Kodhek Road, Nairobi, Kenya three African countries – Algeria, Morocco Tel: (254 -20) 300 5726/8 Fax: (254-20) 271 2902 and Tunisia – have attempted to effectively E-mail: [email protected] and appropriately address terrorism threats ISS Pretoria Office through their national criminal justice systems. Block C, Brooklyn Court, Veale Street Despite good progress in certain areas, the New Muckleneuk, Pretoria monograph highlights that there remains Tel: (27-12) 346 9500 Fax: (27-12) 460 0998 a large gap between law, policy and actual E-mail: [email protected] practice. Greater awareness is needed about the merits of prosecution-led prevention strategies, www.issafrica.org and of how human rights safeguards are a source of long-term social strength. ‘Success’ in counter-terrorism in the Maghreb – and ISS Monograph No 165 in Africa as a whole – depends on whether Price R30,00 authorities can prevent and deal with terrorist ISBN 978-1-920114-48-0 threats without operating outside the law. The monograph concludes with a summary of key findings and a series of practical recommendations on how to enhance rule of law-based criminal justice responses to terrorism in the countries under review, and in 9 7 8 1 920 114480 Africa more broadly. This publication was made possible through funding provided by the Governments of the Netherlands and Norway. In addition, general Institute funding is provided Jolyon Ford by the Governments of Denmark, the Netherlands, Norway and Sweden. ISS Monograph 165 cover.indd 1 8/19/09 9:16:25 AM As a leading African human security research institution, the Institute for Security Studies (ISS) works towards a stable and peaceful Africa characterised by sustainable development, human rights, the rule of law, democracy, collaborative security and gender mainstreaming. The ISS realises this vision by: ■ Undertaking applied research, training and capacity building ■ Working collaboratively with others ■ Facilitating and supporting policy formulation ■ Monitoring trends and policy implementation ■ Collecting, interpreting and disseminating information ■ Networking on national, regional and international levels © 2009, Institute for Security Studies Copyright in the volume as a whole is vested in the Institute for Security Studies, and no part may be reproduced in whole or in part without the express permission, in writing, of both the authors and the publishers. The opinions expressed do not necessarily reflect those of the Institute, its trustees, members of the Council or donors. Authors contribute to ISS publications in their personal capacity. ISBN 978-1-920114-85-5 First published by the Institute for Security Studies, P O Box 1787, Brooklyn Square 0075 Tshwane (Pretoria), South Africa www.issafrica.org Cover photograph PictureNet Production Image Design +27 11 469 3029 Printing Remata iNathi Beyond the ‘War on Terror’ A study of criminal justice responses to terrorism in the Maghreb Jolyon Ford Monograph 165 July 2009 ISS Monograph 165.indd 1 8/19/09 9:14:41 AM ISS Monograph 165.indd 2 8/19/09 9:14:42 AM Contents About the author . iii Acknowledgements and disclaimer . iv Abbreviations and acronyms . v List of tables . vi Executive summary . vii Introduction . 1 PARt I – THE CONTEXT Recent developments and current debates . 11 The international and regional counter-terrorism policy, legal and human rights frameworks . 16 Imperatives and advantages of a criminal justice response to terrorism . 27 Components and features of a criminal justice approach . 33 PART II – COUNTRY OVERVieWS: ALGERia, MOROCCO AND TUNISia Algeria . 50 Morocco . 62 Tunisia . 70 Monograph 165 i ISS Monograph 165.indd 1 8/19/09 9:14:42 AM PART III – ANalYSIS AND ReCOmmeNDATIONS Summary of criminal justice responses to terrorism in the Maghreb . 81 Terrorism prevention in Africa: Beyond the ‘War on Terror’ . 86 Recommendations . 87 Notes . 91 Bibliography . 105 ISS Monograph 165.indd 2 8/19/09 9:14:42 AM About the author Jolyon Ford (BA, LL.B Natal, LL.M International Law, Cambridge) is a senior research consultant for the International Crime in Africa Programme (ICAP) of the Institute for Security Studies (ISS). Before leaving the Commonwealth Secretariat in 2007, he administered its programme on human rights training for uniformed services, which has reached police training schools in over 30 countries. He produced and co-authored the Commonwealth Manual on Human Rights Training for Police. He contributed to the multi-country programme on capacity building for counter-terrorism (for law enforcement and prosecutors) and the related Commonwealth Manual on Counter-terrorism Practice and Procedure. Ford’s recent publications for the ISS include: Unable or Unwilling? Case Studies on Domestic Implementation of the ICC Statute in Selected African Countries (Monograph Series 141, co-editor and author, March 2008), Truth and Justice in a new Zimbabwe: Transitional Justice Options (Occasional Paper Series, co-author, June 2008), and Bringing Fairness to International Justice: A Handbook on the ICC for Defence Lawyers in Africa (forthcoming 2009). Monograph 165 iii ISS Monograph 165.indd 3 8/19/09 9:14:42 AM Acknowledgements and disclaimer The author would like to thank Anton du Plessis and Anneli Botha from ICAP at the ISS for their guidance and support during the research, writing and editing of this monograph. He also appreciates the support and assistance received from the Ministry of Justice, Algeria; and the staff of the diplomatic missions to South Africa of the Republic of Algeria, the Kingdom of Morocco and the Republic of Tunisia. Issues concerning terrorism and counter-terrorism are generally viewed with considerable sensitivity in the region under review. Any views and opinions expressed in this monograph reflect the views of the author individually; they should not be seen as representing the views of the ISS. The author, who through the ISS sought the cooperation of the countries considered, has relied primarily on publically available information, opinions and claims mainly produced by reliable institutions. The monograph does not purport to be exhaustive and is presented as a preliminary study pointing towards further research on African counter- terrorism responses, particularly as we enter this new era of counter-terrorism as described herein. Moreover, this monograph is intended to stimulate informed and reasonable debate about the potential for improving terrorism prevention through criminal justice systems in the region and indeed in Africa as a whole. A ‘note on methodology’ is included at the beginning of Part II of this monograph. iv Institute for Security Studies ISS Monograph 165.indd 4 8/19/09 9:14:42 AM Abbreviations and acronyms ACIDH Action contre l’impunité pour les droits humains ACSRT African Centre on the Study and Research of Terrorism, Algiers AQLIM Al-Qaeda for the Land of the Islamic Maghreb AU African Union CAT Convention Against Torture 1984 CCAT United Nations Committee of the CAT CTC United Nations Security Council Counter-terrorism Committee CTED Counter-terrorism Executive Directorate DGSN General Directorate of National Security, Morocco DGST General Directorate of Territorial Security, Morocco DOS Department of State, United States Government DRS Department for Information and Security, Algeria ECHR European Convention on Human Rights EU European Union FATF Financial Action Task Force HRW Human Rights Watch ICAP International Crime in Africa Programme ICCPR International Covenant on Civil and Political Rights 1966 ICJ International Commission of Jurists ISS Institute for Security Studies MLA Mutual Legal Assistance UNGA United Nations General Assembly UNHRC Human Rights Committee mechanism under the ICCPR UNSC United Nations Security Council UPR Universal Periodic Review under the UN Human Rights Council Monograph 165 v ISS Monograph 165.indd 5 8/19/09 9:14:42 AM List of tables 1. Table outlining the 16 universal counter-terrorism instruments vi Institute for Security Studies ISS Monograph 165.indd 6 8/19/09 9:14:42 AM Executive summary Terrorist activity constitutes a major generational threat to peace and security in Africa, and is a major distraction from other pressing development issues. In 2009, as a new United States administration signals, at one level, a departure from the ‘war on terror,’ what opportunities exist to examine and re-evaluate terrorism prevention strategies on the continent? While a criminal justice-based approach to preventing and combating terrorism is at the heart of the global institutional response, what level of uptake and implementation has there been in African countries? Are we entering a new era of counter-terrorism on the continent? Few studies exist on how African criminal justice systems have fared in relation to the particular manifestation of the perceived terrorist threat (and of responses to it).
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