The Legal Framework of Military Operations Against Terrorism in North Africa

Abstract

The legal environment for counterterrorist operations can be complex because there are two possible scenarios for application - wartime and peacetime. Normally counterterrorist operations are conducted under peacetime rules with prosecution under national criminal laws conforming to standards set with international human rights. However, in some cases international humanitarian law, or the law of armed conflict will apply, which is based on the Geneva Conventions of 1949. Knowing which rules will apply is very important. Although there is no comprehensive antiterrorism treaty yet, there are a number of terrorism treaties that do apply and should have been enacted into national criminal law. Counterterrorist forces are working as the agents of sovereign nations that use them to protect that sovereignty and the lives of the people in accordance with international law. At all times, maximum consideration for human rights, consistent with the mission, should be displayed by counterterrorist forces.