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War of Terrorism in West Africa and the Sahel: A Legal Analysis of Correlation Between Armed Conflicts and Global Terrorism

Emmanuel Mkpo, PhD

Abstract

Terrorism in West Africa and the Sahel has evolved from isolated criminal acts into organised and sustained violence that increasingly resembles armed conflict. Groups such as Boko Haram, the Islamic State West Africa Province , Jama'at Nusrat al-Islam wal- Muslimin and the Islamic State in the Greater Sahara have established command structures, exercised territorial influence, conducted prolonged military operations and engaged state armed forces on a continuing basis. These developments have generated legal uncertainty regarding the relationship between international humanitarian law and international criminal law in the regulation of terrorism. This article examines whether contemporary terrorist violence in West Africa and the Sahel satisfies the legal requirements for classification as a non-international armed conflict under international humanitarian law. The study adopts a doctrinal legal research methodology based on the analysis of the Geneva Conventions of 1949, the Additional Protocols, international criminal law instruments, judicial decisions, regional legal frameworks and relevant scholarly literature. It argues that the legal classification of violence should depend on objective criteria, particularly the organisation of the armed group, the intensity of hostilities and the duration of the conflict, rather than the political or descriptive label attached to the perpetrators. The article further examines the interaction between international humanitarian law and counter-terrorism law, identifies doctrinal and practical challenges in the existing legal framework and considers the implications for civilian protection, humanitarian access, detention, accountability and military operations. It concludes that where terrorist organisations satisfy the established legal threshold for non-international armed conflict, international humanitarian law should apply concurrently with international criminal law and domestic counter-terrorism legislation. The paper recommends greater legal clarity, harmonisation of applicable legal regimes and strengthened regional cooperation to improve the protection of civilians and the effectiveness of responses to terrorism in West Africa and the Sahel.

Keywords

Terrorism; Armed Conflict; International Humanitarian Law; West Africa; Sahel; Non-International Armed Conflict.

References

Adetuba, V. A. O. (2015). Nigerian response to transnational organized crime and jihadist activities in West Africa. Friedrich Ebert Stiftung. ADF Magazine. (2026, April 14). Terrorism Index notes fewer attacks but points to entrenchment. https://adf-magazine.com/2026/04/terrorism-index-notes-fewer-attacks- but-points-to-entrenchment/ African Union (2014). Protocol on amendments to the protocol on the statute of the African Court of Justice and Human Rights. https://au.int/en/treaty/protocol-amendments- protocol-statute-african-court-justice-and-human-rights JLGP JLGP E-ISSN 2579-051X Albertini, L. (1953). The origins of the war of 1914 (I. M. Massey, Trans. & Ed.). Oxford University Press. https://lawcat.berkeley.edu/record/1097461 Andress, D. (2006). The terror: The merciless war for freedom in revolutionary France. Farrar, Straus and Giroux. https://library.usi.edu/record/310146 Article 13(2) of Protocol Additional II (1977). Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), June 8, 1977, 1125 U.N.T.S. 609. Article 51(2) of Protocol Additional I (1977). Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed

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