1.2
Statement of the Problem
The destruction of the world trade
centre in USA popularly known as 9/11 destruction of life and property of US
personnel’s and the impending danger it may create is the back drop against
which the statement of the problem is formulated.
The
9/11 2001 terrorist attack sponsored
by Osama Bin Ladin on USA world
trade centre has led to the enactment of law on
counter terrorism by all UN member
states to avoid re-occurrence.
Notwithstanding these laws, attacks continue to take place in both developing
and
developed countries without a commensurate from the law enforcement
agencies.
Thus, there is clearly a problem
between the availability of law and implementation of these laws. The question
now is whether the available laws are
sufficient or adequate enough to fight
terrorism in Afghanistan and whether the law enforcement agencies are
well-equipped to manage the terrorist threat in the country considering what is
expended by these terrorists
technologically and financially
in the recruitment, equipping and
execution of their acts. Also
putting into consideration the dynamic
nature of the trend which included the
“old terrorism” that existed between
1960s and 1980s when terrorist had predominantly secular
motivation and a rational political reasons for their acts, excessive
force and indiscriminate violence was not used which kept the casualty level
low, 16 and the 9/11 event
that resulted to a new type of terrorism of extreme violence and high rate of
causalities; whether the entire USA
administrative and policy system
is enough to discourage terrorism.
The problem then revolves between
the availability of laws and lack of implementation on availability whether the
recent anti-terrorism Act can solve the problem, will be found by a review of
the act against any previous provision provisions in the laws on terrorism. The
problem of implementation will centre on effective on effective policy
intelligence gathering, reorganization of the entire security land scape of
Afghanistan. The researchers concern again in this paper is to examine the
threat of terrorism in US by the talibans. In this regard, the paper attempts
to provide possible answers to the question; what factors precipitates
terrorism and does Afghanistan provide a possible haven for terrorists and / or
terrorism? How real is the threat of
terrorism and what can be done to avert the possible attack?
1.3
Research Questions
1. What is terrorism and its different types?
2. What are the legal frameworks against terrorism in
Afghanistan and their different provisions?
3. What are the factors that militate against effective
implementation of anti- terrorism in developing countries like Afghanistan?
1.4
Objective of the Study
This dissertation is aimed at
considering the legal framework against intentional terrorism and taking time
to highlight the possible problems that could hinder the implementation of
these legal framework(s). Accordingly, our objective in this work will be:
1. To examine the
legal framework against
international terrorism
2. To access the adequacy of the existing provisions
3. To highlight defects and short comings in the existing
provisions
4. To examine the factors that hinder implementation of
these legal framework,
5. To ensure that suggestions are made geared towards
addressing these factors and ensuring the implementation of these frameworks
for the combat of terrorism
1.5
Methodology
The concept under examination here is a broad one;
therefore, the methodological approach will be primarily analytical. It will
aim at analyzing and examing terrorism
in Afghanistan. It will involve the use of secondary sources, significant
reliance on ‘internet sources’ for investigative and supportive information.
1.6
Relevance of the Study
So much work has been written by many scholars on the
concept of terrorism. However it is important to note that they have most at
times concentrated on international terrorism in relation to the September 2001
bombing of the twin towers. A few have
written on terrorism in Africa and little in Afghanistan. Most of the works on
terrorism in Afghanistan are newspaper articles and internet. Some scholars
have written on the existing law on war against terrorism around the globe and
UN resolutions. Considering that the Anti terrorism bill has been passed, this
dissertation intends to use it with the
other existing legal framework. Thus, this research exercise is relevant to the
extent that one should:
1. Understand terrorism in the Afghan context by a
careful examination of some and its root cause.
2. Examine the legal framework against terrorism in
Afghanistan.
3. Determine whether these legal frameworks are
comprehensive enough in the light of
combating terrorism
4. To analyze the problems of implementation of these
framework and the role of the security agencies in the implementation.
1.7
Delimitation or Scope of the Study
The main focus for consideration is the
concept of terrorism in Afghanistan. We will look into the international system
in relation to resolutions of the United Nation and other treaties on terrorism
that Afghanistan has ratified, and the general world-view on terrorism as it
relates to Afghanistan and the 9/11
Thus, this work is primarily aimed
at examination of the legal framework against terrorism and problems of
implementation in Afghanistan and some part of African countries.
1.8 LIMITATIONS
The challenges that can pose a threat to this research
include the following:
i.
The challenge of few written materials on the topic
ii.
Financial
constraints to access the available materials on-line and typing the work.
iii.
The difficult
task of combining this research with
many other academic work written
by renowned scholars.