Introduction

It has become axiomatic that terrorists, who have no respect for international borders, can be countered only through an internationally coordinated programme. For this reason, the Security Council of the United Nations has invoked its powers under Chapter VII of the UN Charter to insist that states cooperate in regional and international anti-terrorism efforts in addition to setting up domestic anti-terrorism regimes. This chapter examines the main features of the anti-terrorism regimes of four African states, namely, South Africa, Uganda, Tanzania and Kenya, all of which have had some experience of terrorism. It sets their anti-terrorism legislation in the international and regional context to establish how each state has integrated itself into the wider anti-terrorist framework. What emerges from this study is that the anti-terrorism regime in the four states has come to be dominated not only by the executive branches of government, but also by the powerful executive branches of other governments and the executive-like powers of the UN Security Council.

The international and regional anti-terrorism regime

UN Security Council Resolution 1373 of 2001, issued under Chapter VII of the UN Charter, requires all states to refrain from providing support of any kind to terrorist groups and to prevent terrorist acts through early warning systems and mutual assistance in investigation and prosecution. States must establish and prosecute a range of terrorist offences within their domestic criminal justice system and must suppress recruitment to terrorist groups. These measures must combat both terrorism stricto sensu and organized crime, which is seen to have an intimate connection to terrorism.