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

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.

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