Evaluate the Ethical Implications of Various Counter-Terrorism Measures Used in Africa

Evaluate the Ethical Implications of Various Counter-Terrorism Measures Used in Africa

Dr. Daniel Deng MALOK (PhD), Assistant Prof. Ter Tongyik MAJOK

Africa Nazarene University, Kenya

DOI: https://dx.doi.org/10.47772/IJRISS.2025.909000578

Received: 11 September 2025; Accepted: 17 September 2025; Published: 18 October 2025

ABSTRACT

This research evaluated African countries’ various measures to counter terrorist and insurgent groups. Studies have found that many African counter-terrorism (CT) policy efforts adopt a top-down approach, and a bottom-up approach was recommended to be integrated. Studies have recommended that the various counter-terrorism efforts in Africa be evaluated and reviewed to develop more effective responses. Studies have also recommended that the States in Africa that are most affected by terrorism should share their experiences in terms of lessons learned and success stories. Studies have also recommended that there is a need to come up with effective measures for securing international borders in Africa in order to reduce the exploitation of porous borders by terrorist and transnational criminal networks. Studies also found that the Western philosophical approaches are militaristic, and it was essential to adopt indigenous African approaches that include empowering local actors, cultural understanding, community engagement, decolonisation of approaches, and a holistic approach. Empirical studies also recommended that law enforcement agencies need to be ethical and respect international humanitarian law and the fundamental human rights of suspected terrorists and detained former combatants.

Keywords: Africa, Counter-terrorism (CT), Counterinsurgency (COIN), Counter-Violent Extremism (CVE), Insurgency, Prevention of Violent Extremism (PVE) and Terrorism.

INTRODUCTION

A complex interplay of international mandates, regional conventions, and national legislation shapes Africa’s counter-terrorism (CT) landscape. While foundational instruments such as United Nations Security Council Resolution 1373 and the 1999 International Convention for the Suppression of the Financing of Terrorism provide global legal scaffolding, their implementation across African states faces significant hurdles. These include limited political will, resource constraints, corruption, and coordination gaps among national and regional actors.

Furthermore, the African Union (AU) and its predecessor, the Organisation of African Unity (OAU), have made notable strides with frameworks like the Algiers Convention (1999), which criminalises terrorism and promotes regional cooperation. However, Gbaya (2024) notes that while the AU and regional economic communities (RECs) possess mechanisms to address peace and security threats, these are often under-resourced and lack enforcement capacity. Fragmented coordination between national governments and regional bodies further undermines the effectiveness of these frameworks.

For instance, Kenya’s proactive CT stance—driven by its proximity to Somalia and frequent terror attacks—has led to robust legislation and regional engagement. In contrast, Tanzania’s relatively subdued participation highlights disparities in political prioritisation and threat perception. The emergence of ISIS in Mozambique and Southern Africa underscores the urgency for harmonised and adaptive CT strategies across the continent.

According to Walldorf (2023), over the last two decades, the United States’ CT measures in Africa demonstrated a far more militarised approach in terms of drone and air strikes. However, the United States also assisted in disrupting illicit financial flows, capacity development, technical advice, and logistical support to various regional organisations like ECOWAS and the African Union (AU) peace support missions around Africa to CT (Walldorf, 2023). Nigeria’s experience with Boko Haram illustrates the pitfalls of overreliance on militarised responses. These approaches neglect the socio-political dimensions of terrorism, including reintegration challenges for returnees and the absence of legal pathways for rehabilitation. Moreover, societal stigma and lack of community-based support structures hinder long-term peacebuilding.

According to Hata, Hart, Hertelendy, Tin, Taubman, Cheng, and Ciottone (2023), Sub-Saharan Africa accounts for 50% of deaths globally per the Global Terrorism Database in 2021. Botha and Graham (2021) recounted that countries in Africa, like the Central African Republic, Somalia, Kenya, and Nigeria, have been frontiers in the fight against terrorist groups for the last decade. Mozambique has also been facing insurgencies and terrorist attacks since 2017. There was a need to evaluate and review the various counter-terrorism efforts in Africa to develop more effective responses (Botha & Graham, 2021).

The European Union (EU) has adopted a regional cooperation approach in the fight against terrorism and counterinsurgency (CT-COIN) in West Africa (Bala & Tar, 2021). Bala and Tar (2021) elaborated that the enhanced capabilities of the Multi-National Joint Task Force (MNJTF) also enabled it to operate better in the Lake Chad Basin against various terrorist groups. According to Bala and Tar (2021), apart from the cooperation of security forces along the borders, there was a need to develop effective measures for securing international borders in Africa to reduce the exploitation of porous borders by terrorist and transnational criminal networks.

The United Nations (UN) CT strategy in West Africa is based on seven key pillars, which are focused on human rights and the rule of law, regional cooperation, action-oriented recommendations, stakeholder consultations, collaboration with external partners, and capacity development (Ipe, Cockayne & Millar, 2022). The Economic Community of West African States (ECOWAS) is a critical regional UN partner in the fight against various terrorist and insurgent groups. The key stakeholders involved in these countries include Government agencies, communities, religious and academic institutions, professional associations, civil society, and local and international Non-Governmental Organisations (NGOs). There are ongoing efforts to develop the capacity of the law enforcement agencies in the region to CT. Some international organisations involved in CT efforts in West Africa included the Counter-terrorism Implementation Task Force (CTITF) and the United Nations Office on Drugs and Crime (UNODC). The UNODC is involved in conducting high-level forums, technical assistance, and regional workshops on preventing violent extremism (PVE) among various stakeholders, especially the youth.

Table 1: Key Terrorist Organisations in Africa as per AFRICOM and CENTOM

Source: Walldorf (2023)

Nte and Oluka (2020) observed that Islamic terrorist groups like al-Qaeda and its various syndicates and associated groups had attacked civilians, government and civilian installations in the Middle East and Africa, leading to deaths, human rights violations, and incapacitation of individuals, destruction of property and displacement of populations. Adejoh and Lawal (2022) stated that terrorism and insurgencies are increasing in Africa and challenging the sovereignty of the state, especially in Cameroon, Kenya, Mali, Niger, Nigeria, and Sudan. This, therefore, requires that we reform the law enforcement agencies, especially the police, to meet this new challenge (Adejoh & Lawal, 2022).

Estelle and Darden (2021) affirmed that Ahlu Sunna wal-Jama’a, also known as Islamic State Mozambique (ISM), a severe threat to the Southern Africa region and the Southern African Development Community (SADC), needs to support Mozambique’s military by deploying more troops. ISM has roots in Tanzania and the Democratic Republic of Congo (DRC). There is a need to fully fund and resource the SADC Mission in Mozambique (SAMIM) in terms of logistical capacity to support the development of the Mozambican army and the law enforcement agencies, and fully dislodge ISM. The funding will allow SAMIM to return to Mozambique until at least 2025 after the July 2024 official withdrawal.

Legal And Regulatory Framework For Countering Terrorism In Africa

According to Workneh and Haridakis (2021), the United Nations Security Council Resolution 1373, which was passed in September 2001, criminalises all the processes of terrorism, which include support for terrorism, terrorism financing, planning, and preparation. However, Workneh and Haridakis (2021) noted that the UN encourages all states to set up their own legal and regulatory framework per their context. Mbaku (2021) acknowledged that the UN has passed several conventions to fight terrorism and organised crime around the world. These conventions include the 1999 International Convention for the Suppression of the Financing of Terrorism. The Organisation of African Unity, the predecessor of the AU, adopted the widely known Algiers Convention, the Convention on the Prevention and Combating of Terrorism, in 1999. Tyitende (2021) indicated that, compared with Tanzania, Kenya has more active participation in regional CT efforts due to its proximity to Somalia and has experienced severe terror attacks. Kenya also has robust legislation for prosecuting terrorists as compared to Tanzania. However, with the establishment of the Islamic State (ISIS) in Mozambique, Tanzania, and the Southern African region, they need to re-evaluate their approach to CT thoroughly.

Terrorism is a threat to peace and security in Africa and around the world, and there is a need to develop a practical legal framework to defeat CT (Gbaya, 2024). Gbaya (2024) stated that, as much as the African Union and the regional economic communities (RECs) have legal frameworks that enable them to react to peace and security challenges, these mechanisms are weak and have limitations. Ogunnubi and Aja (2024) postulated that the overreliance on the military in Nigeria’s CT approaches has made the fight against the Boko Haram terrorist group difficult. The other issues making CT efforts difficult in Nigeria include the lack of acceptance of returnees and former combatants from terror groups by society, the lack of a safe corridor for returnees and former combatants, and an adequate legal framework.

Financial regulation is another critical front. Despite international conventions, money laundering remains poorly defined and inconsistently enforced across African jurisdictions. Institutions like the Financial Action Task Force (FATF) and GIABA play vital roles, but their impact is diluted by weak domestic enforcement and limited technical capacity (Nduka & Sechap, 2021). In order to combat money laundering, it was important for African countries to develop effective money laundering laws and regulations to address the source of illicit flows and the evolving methods of money laundering, especially in Nigeria (Olujobi & Yebisi, 2023). Although the UN passed the International Convention for the Suppression of the Financing of Terrorism in 1999, Olujobi and Yebisi (2023) pointed out that money laundering does not have a standard definition. Nduka and Sechap (2021) indicated that some of the critical institutions fighting money laundering and terrorism finance in Africa include the Financial Action Task Force (FATF) and the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA).

Civil society organisations (CSOs) offer a bottom-up counterbalance to state-led efforts. The role of CSOs in community policing, economic empowerment, and safeguarding human rights. However, CT legislation must be carefully crafted to avoid infringing on civil liberties, as Minko (2023) warns against its misuse to suppress dissent. According to Ponge (2020), civil society organisations (CSOs) play a critical role in countering violent extremism (CVE) in terms of capacity development, community policing, promoting economic empowerment programs, and raising the alarm when Government agencies violate the human rights of citizens using CT legislation. CT legislation is essential for global peace and security. However, it should not be used to violate the rule of law and the human rights of citizens (Minko, 2023).

CT and counterinsurgency (COIN) efforts should always follow international law to have accountability and legitimacy before global citizens (Tar, 2021). CT and COIN should be met to protect civilians; therefore, international humanitarian law (IHL) should be observed. The observance of IHL implies that extrajudicial killing, arbitrary detention, and excessive use of force should be avoided. Tar (2021) stated that international cooperation in the CT campaigns raises the question of states’ sovereignty.

Ethics And Counter-Terrorism In Africa

Counter-terrorism (CT) in Africa demands not only strategic and legal rigour but also a robust ethical foundation. Diverse philosophical frameworks, including Kantian categorical imperative, divine command theory, utilitarianism, and hedonism, inform Nigeria’s CT efforts. These approaches reflect attempts to balance moral duty, divine authority, collective welfare, and individual pleasure in shaping state responses to terrorism. In contrast, terrorist groups such as Boko Haram often invoke rational choice and frustration theories to justify their actions. Nevertheless, no theoretical lens can ethically legitimise the atrocities committed—kidnappings, killings, destruction, and bombings remain indefensible. The ethical dilemma in CT lies in reconciling justice, retribution, and security with the protection of human rights. The adoption of the Ubuntu philosophy in African CT frameworks. Ubuntu, rooted in Bantu linguistic traditions, emphasises human interconnectedness, empathy, mutual respect, and altruism. Embedding Ubuntu into CT practices encourages law enforcement to treat suspects and communities with dignity, fostering trust and resilience rather than fear and alienation.

Eyesan and Abakare (2021) pointed out that in Nigeria, the theoretical approaches that inform the CT efforts were Kantian categorical imperative, divine command theory, utilitarianism, and hedonism. Terrorist tries to justify their actions through rational choice and frustration theories. However, Eyesan and Abakare (2021) pointed out that these theories do not justify the inhuman actions of Boko Haram, such as kidnappings, killings, threats, destruction of property, and bombing. When addressing terrorism, there is always a need to balance human rights, retribution, justice, and security (Eyesan, Ikwuamaeze, & Makwudo, 2023). According to Eyesan, Ikwuamaeze, and Makwudo (2023), law enforcement agencies need to adopt the ” Ubuntu ” principle when implementing CT measures in Africa. “Ubuntu” means humanity in many Bantu languages spoken around Africa. The principles of Ubuntu are the interconnectedness of humanity, mutual respect, empathy, compassion, and altruism towards other human beings.

The evolution of terrorism further complicates ethical considerations. The difference between traditional terrorism—driven by nationalist agendas, centralised command, and conventional weapons—and modern terrorism, characterised by religious extremism, decentralised networks, lone-wolf actors, and technological sophistication. Cyberattacks, bioterrorism, and potential nuclear threats redefine the battlefield, demanding adaptive CT strategies. However, regardless of the form terrorism takes, ethical principles must remain constant. The temptation to abandon due process or resort to extrajudicial measures in the face of new threats must be resisted.  According to Marsili (2023), due to the increase in terrorist acts around the world, law enforcement takes several measures, such as military action, surveillance, and detention of suspected individuals or groups. These measures also sometimes require the use of force. However, such force should be legitimate and proportionate, and surveillance and detention should be based on the law. The profiling of suspected terrorists should not discriminate against communities, ethnic or religious groups. Marsili (2023) argued that it was essential to understand the relationship between fundamental human rights, terrorism, international humanitarian law, and counter-terrorism. This is because there is a limit to the use of force, and there should be a legally justifiable reason for violating individuals’ rights.

Mtakai (2020) pointed out that there is a difference between new and traditional terrorism. Nationalist agendas characterised the traditional terrorists; they operated from specific geographic locations, used conventional weapons, and had separatist, centralised leadership and command structures. On the other hand, Mtakai (2020) indicated that religious extremism, decentralised authority, lone-wolf action, and global reach through technology characterise the new approaches to terrorism. The use of advanced weapons like cyberattacks, bioterrorism, or nuclear weapons also characterises the new approaches to terrorism. Therefore, CT’s approaches to traditional and new terrorism differ, but ethical considerations should be considered in all cases. The global trend of increasingly aggressive CT measures—military interventions, surveillance, and detention. While these may be necessary, they must remain proportionate, lawful, and non-discriminatory. Profiling based on ethnicity, religion, or community affiliation not only violates human rights but also risks radicalising marginalised groups—understanding of the interplay between CT, international humanitarian law (IHL), and fundamental rights. Violations of rights must be legally justified, and ethical and legal boundaries must constrain the use of force.

To ethically strengthen CT efforts in Africa, several actionable measures are essential:

• Institutionalise Ubuntu: Integrate Ubuntu principles into police training, judicial processes, and community engagement to humanise CT operations.
• Ensure legal accountability: All CT actions must be grounded in national and international law, with oversight mechanisms to prevent abuse.
• Promote inclusive security: Avoid discriminatory profiling and ensure that CT policies do not alienate vulnerable communities.
• Adapt to evolving threats ethically: Develop CT responses that address new forms of terrorism without compromising ethical standards.
• Foster community resilience: Engage civil society, religious leaders, and local actors in CVE (countering violent extremism) initiatives that emphasise dialogue, education, and economic empowerment.

Ultimately, ethical counter-terrorism is not a contradiction—it is a necessity. Africa’s CT frameworks must evolve not only to meet the tactical demands of modern terrorism but also to uphold the moral imperatives that define just and humane governance.

Figure 2: Scenarios for Countering Terrorism as an Instrument of International Terrorism Prevention

Source: Mokhorova, Demidov and Chernozemova (2024)

CONCLUSION

African countries must respect citizens’ human rights in the fight against terrorism (Mbaku, 2021). Mbaku (2021) argued that cases prosecuted in the High Court of Swaziland have demonstrated that the Bill of Rights and an adequate legal framework can protect individuals from Governments that want to use the terror law as a political tool to prosecute and oppress citizens. Kamau (2021) elaborated that Kenya has developed and implemented many CT measures, including building a fence between Kenya and Somalia, several legal instruments, setting up specialised police units, community policing, and closing the UN refugee Camps in North-Eastern Kenya. However, Kamau (2021) recognised that these efforts cannot be successful if peace and stability are not brought to Somalia. This, therefore, implies that CT efforts in Africa cannot be successful if guns are not silenced in Africa. In 2000, the UN passed the Convention against Transnational Organised Crime, which also has provisions on anti-money laundering, terrorist financing, and other elements of fighting organised crime (Olujobi & Yebisi, 2023). According to Oando and Achieng (2021), Kenyan CT’s approach is based on Western philosophical construction, an evolution of colonial security systems and policing strategies. Oando and Achieng (2021) pointed out that the Western philosophical approach is militaristic and recommended adopting an indigenous approach to CT. The Indigenous approach to CT involves the empowerment of local actors, cultural understanding, community engagement, decolonisation of approaches, and a holistic approach.

RECOMMENDATIONS 

To enhance Africa’s CT effectiveness, actionable policy measures must integrate both top-down and bottom-up approaches:

• Top-down strategies: Strengthen legal frameworks, improve inter-agency coordination, and ensure political commitment to CT beyond rhetoric.
• Bottom-up strategies: Empower local communities, integrate indigenous conflict resolution mechanisms, and support CSOs in CVE efforts.
• Hybrid models: Develop safe corridors for reintegration, promote restorative justice, and invest in socio-economic development in vulnerable regions.

International humanitarian law (IHL) must remain central to CT and counterinsurgency (COIN) operations. As Tar (2021) notes, legitimacy and accountability hinge on adherence to global norms, including the prohibition of extrajudicial killings and arbitrary detention. While international cooperation is essential, it must respect state sovereignty and local contexts.

Rather than treating international, regional, and national frameworks as discrete layers, a synthesised approach reveals their interdependence. Global conventions set normative standards; regional bodies contextualise and coordinate responses; national governments operationalise and enforce laws. Bridging these levels through inclusive governance, transparent institutions, and sustained political will is key to countering terrorism in Africa effectively.

The social, economic, and political factors that drive terrorism in Africa need to be addressed in order to counter terrorism and eliminate the factors that led to radicalisation. There was a need to come up with effective measures for securing international borders in Africa in order to reduce the exploitation of porous borders by terrorist and transnational criminal networks. Studies have also recommended the need for joint and integrated local, regional, and international action in order to defeat terrorism in Africa and around the world. Studies have recommended that indigenous approaches to CT should be adopted in Africa. The Indigenous approaches include empowering local actors, cultural understanding, community engagement, decolonisation of approaches, and a holistic approach. Studies have also recommended a safe corridor for returnees and former combatants and acceptance by society for the CT efforts to be successful. Civil society organisations (CSOs) should be encouraged to play a role at the community level in terms of capacity development for the youth in terms of CVE programs, small-scale economic empowerment programs, community policing, and raising alarm when Government agencies violate the human rights of citizens in the name of CT legislation. Empirical studies also recommended that law enforcement agencies need to be ethical and respect international humanitarian law and the fundamental human rights of suspected terrorists and detained former combatants.

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