Niger
Niger has dedicated counterterrorism provisions in its Criminal Code, many of which were introduced by an Order from 2011. The maximum sentence is the death penalty, which is mandatory if deaths result from the terrorist act. There is no carve-out in the definition of terrorism for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
Niger does not directly define terrorism in its Criminal Code but refers to a range of offences that fall within its scope, largely reflecting the offences in the global terrorism treaties. Only certain offences require proof that a person "unlawfully and intentionally" commit an offence, where "the act, by its nature or context, seeks to intimidate a population or to compel a Government or international organisation to perform or refrain from certain conduct".Art. 399.1.8, Criminal Code of Niger.
Adherence to Global and Regional Terrorism Treaties
Niger is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Niger is also a State Party to the main regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | State Party |
Laws and Penalties for Terrorist Offences
Specific penalties are laid down for the different terrorist offences in the Criminal Code. For instance, a conviction for aircraft hijacking ordinarily attracts a prison sentence of ten to twenty years. If injuries are caused by the act, the penalty is from twenty to thirty years. If, however, death results, capital punishment will be imposed.Art. 399.1, Criminal Code of Niger.The mandatory death penalty is a violation of international human rights law.
Justifying or inciting terrorism was introduced as an offence into the Criminal Code by a 2016 Order, with a penalty of between five and ten years in prison.Art. 399.1.17 (bis), Criminal Code of Niger.
Counterterrorism Capacities and Policies at Domestic Level
Niger's army is at the forefront of its domestic counterterrorism operations. Significant combat against terrorist groups in the north and south-west of the country is continuing.
Glossary
Twitter