TERRORISM AS A THREAT TO INTERNATIONAL SECURITY,A CASE FOR SELF DEFENCE :KENYA’S EXPERIENCE WITH SOMALIAPublished on School of Law (http://law-school.uonbi.ac.ke)

TERRORISM AS A THREAT TO INTERNATIONALSECURITY,A CASE FOR SELF DEFENCE :KENYA’SEXPERIENCE WITH SOMALIA

TERRORISM AS A THREAT TO INTERNATIONAL SECURITY,A CASEFOR SELF DEFENCE :KENYA’S EXPERIENCE WITH SOMALIA Degree Programme: LL.M. [1] Student Names: VICTOR MUIRURI NDUNG’U Student Registration Number: G62/68578/2011 Year of Study: 2 Share: Facebook [2] Twitter [3] Google Plus [4] Yahoo [5] LinkedIn [6] Digg [7] Delicious [8] Academic Year: 2012/2013

ABSTRACT

Chapter one deals with background, literature review and theories of self defence generally toexpose gaps, distortions or different perspectives on the right of self defense vis avis terrorism. Thischapter sought to answer:

1. What does the literature says on the scope of the acts that constitute a threat tointernational peace and security?

2. What does the literature says about the relevant international institution that should respondto emerging threats?

3. Ha the new threat altered the established understanding of self defence?

In the analysis I have relied on reports, scholarly journals, text books and articles in regard toterrorism and Kenya’s incursion into Somalia.

Chapter two deals generally with the right to self defence as provided for in the UN Charter. It looksat how right to self defence was practiced prior to and during the time of UN Charter. This chaptersought to answer the following questions:

1. What is the role of UN in fighting against terrorism?2. What are the emerging states’ practices against terrorism and piracy?3. How has Kenya reacted to threats posed by terrorism and piracy from Somalia?

In this analysis I have relied on various UN Resolutions in regard to terrorism and further on journalson how they have reported the trends of states practice on the use of force against terrorism.

Chapter three deals with the problems posed by terrorism in Kenya and outlines methods that Kenyahas taken in response to these threats. This chapter sought to answer the following questions:

1. What is the current security situation in Somalia?2. What is the imp0act of terrorism from Somalia into Kenya?3. What is the recourse taken by Kenya in the fight against terrorism?

I have relied on newspapers and various reports by UN and other institutions that have reported onthe issue of Kenya and the terrorism from Al Shabaab.

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TERRORISM AS A THREAT TO INTERNATIONAL SECURITY,A CASE FOR SELF DEFENCE :KENYA’S EXPERIENCE WITH SOMALIAPublished on School of Law (http://law-school.uonbi.ac.ke)

Chapter four ends with conclusions and recommendations. It gives insights with regard to Kenya’sright to self defence in the face of Terrorism from Somalia. This chapter has answered questionsposed by chapter one, two and three. On giving recommendations I have borrowed heavily fromRome Statute, UN Charter, Kenya’s statutory law and the global trend on the best practices infighting terrorism as has been reported via various journals, articles, reports, amongst others. I haverecommended the way forward as prosecutions, self defense or surveillance.Project Year: 2013 Project Status: completed Project Supervisor: DR.CELESTINE MUSEMBI Project Website: http://law-school.uonbi.ac.ke/uon_student_projects [9] Source URL: http://law-school.uonbi.ac.ke/node/1958

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