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 violationeven in times of Public Emergency which threatens the life of a nation such as when a state faces the threat ofcontinuous terrorist attack. On the other hand, the problem of terrorism which has gained notoriety since afterthe 9/11 attacks in America has impacted heavily on international law, particularly international Human RightsLaw. 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 thepeople and government of Nigeria. The loss of human and material resources is so monumental and a huge setback to the country. The primary aim of this paper is to appraise human rights protection during anti-terrorismoperations in Nigeria. The objective of this paper is to evaluate the measures put in place for the protection ofhuman rights in the fight against terrorism. The doctrinal research methodology was adopted in this research asboth the primary and secondary sources of laws were relied upon. The major findings of this research includesterrorism prevention Act 2011 and Terrorism Prevention (Amendment) Act 2013, s 27 of the Act states that asuspect may be detained for 90 days subject to renewal, while s 28 deals with access to detain person pendingthe conclusion of investigation while s 29 relates to the privacy of the citizens. These provisions run counter tothe spirit of the constitution of federal republic of Nigeria 1999 (as amended). It is in the light of the forgoingthat this recommendation is made amendment of the above mentioned provisions to conform with constitution asit relates to Fundamental Human Rights.