PROTECTION OF THE RIGHTS OF VICTIMS IN THE WAR AGAINST TERRORISM: A LEGAL ANALYSIS

Abstract

International Human Rights Law provides adequate safeguard and protection against Human Rights violation even in times of Public Emergency which threatens the life of a nation such as when a state faces the threat of continuous terrorist attack. On the other hand, the problem of terrorism which has gained notoriety since after the 9/11 attacks in America has impacted heavily on international law, particularly international Human Rights Law. This research thus addresses a few of these legal problems such as those relating to non-derogable rights, the Ticking Bomb Theory and the principle of state responsibility. Terrorism has been a threat to both the people and government of Nigeria. The loss of human and material resources is so monumental and a huge set back to the country. The primary aim of this paper is to appraise human rights protection during anti-terrorism operations in Nigeria. The objective of this paper is to evaluate the measures put in place for the protection of human rights in the fight against terrorism. The doctrinal research methodology was adopted in this research as both the primary and secondary sources of laws were relied upon. The major findings of this research includes terrorism prevention Act 2011 and Terrorism Prevention (Amendment) Act 2013, s 27 of the Act states that a suspect may be detained for 90 days subject to renewal, while s 28 deals with access to detain person pending the conclusion of investigation while s 29 relates to the privacy of the citizens. These provisions run counter to the spirit of the constitution of federal republic of Nigeria 1999 (as amended). It is in the light of the forgoing that this recommendation is made amendment of the above mentioned provisions to conform with constitution as it relates to Fundamental Human Rights