The diplomacy of terrorism: A critical analysis of the Nairobi and Dar es salaam bombings of August 7th 1998

Abstract

This study investigates the terrorism phenomenon, its development over the years, the diplomacy of terrorism, the responses to terrorism and the efficacy of the legal regimes put in place to combat it. It particularly looks at the problems that African States have in the face of terrorism. The study reaches the conclusions that terrorism is not a new phenomenon but it has evolved over the years. Terrorism cannot be stopped but it can be controlled and managed. There is also need for a multifaceted approach to combat terrorism including diplomatic, financial and legal approaches. The study establishes the need for a co-ordinated approach to the problem of terrorism by all states. It also establishes the need for a common working definition of the term 'terrorism.' It also establishes the need to address terrorists in international law as common enemies of mankind and terrorism as a crime against humanity with the need for universal jurisdiction. The study confirms the importance of existing legal frameworks that have been put in place to combat terrorism. However these are not adequate and face a myriad of problems addressed in the study. They therefore need to be strengthened in order to bring terrorists to justice and discourage the culture of impunity. In this regard the study examines at length responses to terrorism and the legal regimes. It advocates for effective sanction mechanisms that can discourage the culture of impunity and credibly threaten punishment for those who engage in terrorism. It also advocates for the creation of an International Criminal Court to try all International crimes such as terrorism. It also affirms the rights of human beings, including the right to life, the right to security and the right to live a life free from fear. Passive and active measure should be seen as integral elements of a coherent strategy that must attract sustained public support vitally important to its success.