Legal, Regulatory and Technical Responses to Terrorism in the Aviation Industry in Kenya

Authors

  • Edna Nyatichi Omweno Strathmore University

DOI:

https://doi.org/10.51867/Scimundi.2.1.1.10

Keywords:

Legal and Regulatory Responses, Tactical Responses, Technical Responses, Aviation Terrorism, Multiagency Responses, Aviation Industry in Kenya

Abstract

The impact of terrorists’ acts against the civil aviation industry cannot be gainsaid. It exerts immense pressure on the national and human security of many nations. Regrettably, there has been a barrage of terrorist attacks against aircraft and airport installations since the dawn of powered passenger flight. The study sought to examine the legal, regulatory and Technical responses to terrorism in the aviation industry in Kenya and employed the exploratory research design. Secondary data was collected from government publications, websites, internal records and reports, conference proceedings, research articles, and books, among others. The data collected were analyzed thematically. From the study finding, it is evident that aviation security became a challenge, especially in the 1960s following an increase in the number of terrorist attacks in the industry. ICAO’s legal, regulatory, and technical responses through international conventions and protocols to address the challenge were reactionary especially in the period before the 9/11 US attacks. A review of their ineffectiveness called for responses that were more proactive and preventive, as a better solution in mitigating terrorism in the industry. This called for the need for cooperation among various security supporting agencies in many states’ aviation industries. Presently, there are extensive counterterrorism responses employed in Kenya. These include legal, regulatory, and technical multiagency response frameworks. Based on the study findings, the study makes the following recommendations. First and foremost, there is a need to undertake training for security personnel to better implement the legal, regulatory, and technical responses. There should also be an effort to strengthen the capacities of agencies to better respond to terrorism threats in the aviation industry through legislation, training, and funding interventions.

References

Abeyrtne, Ruwantissa. “The Beijing Convention of 2010 on the Suppression of Unlawful Acts Relating to International Civil Aviation: An Interpretative Study.” Journal of Transportation Security 4, no. 2 (2011): 131-143.

Abramovsky, Abraham. “Multilateral Conventions for the Suppression of Unlawful Seizure and Interference with Aircraft Part I: The Hague Convention.” Journal Transnational 13, no. 1 (1974):381.

Agoi. Alfred. Critical Success Factors and Risk Management Procedures at the Kenya Airports Authority (Unpublished Masters Research Project, University of Nairobi, 2013): 54.

Aleman, Moses. “The International Civil Aviation Security Program Established By ICAO.” Aviation Security Management 1, no. 1 (2008): 65-75.

Andrew, Selth. “International Terrorism: A New Kind of Warfare.” The Russian Journal 132, no. 1 (1987): 65.

Arasly, Jangir. "Terrorism and Civil Aviation Security: Problems and Trends.” Connections Journals 4, no. 1 (2005): 75-90.

Azani, Eitan, Lorena Atiyas and Daniel Heberfield. Trends in aviation terrorism (International Institute for Counter-Terrorism (ICT), August 10, 2016). https://www.ict.org.il/Article/1757/trends-in-aviation-terrorism (accessed December 18, 2019).

Babbie, Earl. The practice of social research. 11th Edition (Thompson, Wadsworth, Belmont, 2007).

Barabash, Viktor V., Aleksandra S. Bobryshova, Olga I. Lepilkina, Irina S. Karabulatova. “The Specifics of the Interpretation of Tragedy over Sinay.” Astra Salvensis 6, no.11 (2018): 289-310.

Bassiouni, Cherif M. Ed. International Criminal Law: Sources, Subjects and Contents (Netherlands: Leiden Martinus Nijhoff Pub., 2008).

Bichou, Khalid. Joseph Szyliowicz and Luca Zamparini. Maritime Transport Security: Issues, Challenges and National Policies (NewYork: Edward Elgar, 2014): 41-55.

Bogdanos, Matthew F. “Joint Interagency Cooperation: The First Step.” Institute for National Strategic Studies 1, no. 37(2005): 10-18.

Bouve, Clement L. "The Development of International Rules of Conduct in Air Navigation." Air Law. Rev 1 (1930): 1.

Bowen, John and Jean-Paul Rodrigue. “Air Transport: The Rise of Air Transport.” The Geography of Transport Systems. Routledge (2016): 147.

Brian Ngugi, “US Agency Warns of Threat to Kenyan Airspace,” The East African (December 31, 2019). https://www.theeastafrican.co.ke/ (Accessed on April 3, 2020).

Cigar, Norman and Stephanie E. Kramer (Eds). Al-Qaida after Ten Years of War: A Global Perspective of Successes, Failures, and Prospects (Government Printing Office, 2011).

Cooper, John Cobb. “The International Air Navigation Conference, Paris 1910.” J. Air L. & Com. 19 (1952): 127.

Department of Immigration Services. Immigration Border Procedures and Operations Manual: Guidelines on Policies and Procedures for Immigration Officers. Second Revised Edition (Department of Immigration Services, 2017): 67.

Downing, Wayne A. Al-Qa-ida-s (Mis) Adventures in the Horn of Africa (DIANE Publishing, 2007): 49.

Duchesneau, Jacques and Maxime Langlois, “Airport attacks: The Critical Role Airports Can Play in Combating Terrorism.” Journal of Airport Management 11, no. 4 (2017): 343.

Duchesneau, Jacques. Aviation Terrorism: Thwarting High-Impact Low-Probability Attacks (Unpublished Ph.D. Thesis, Royal Military College of Canada, 2015): 41.

Eichstaedt, Peter. “Pirate State: Inside Somalia's Terrorism at Sea.” Chicago Review Press (2010): 124.

Fitzgerald, Gerald F. “Offences and Certain Other Acts Committed on Board Aircraft: The Tokyo Convention of 1963.” Canadian Yearbook of International Law 2 (1964): 191–204.

Franck, Thomas M., and Bert B. Lockwood. “Preliminary Thoughts towards an International Convention on Terrorism.” American Journal of International Law 68, no. 1 (1974): 69–90.

Gibbons-Neff, Thomas, Eric Schmitt, Charlie Savage and Helene Cooper, “Chaos as Militants Overran Airfield Killing Three Americans in Kenya,” The New York Times (January 22, 2020). https://www.nytimes.com/accessed April 3, 2020.

Gutierrez, Juan J. Lopez. “Should the Tokyo Convention of 1963 Be Ratified?” Journal of Air Law & Commerce 31 (1965): 1.

Harris, Douglas H. “How to Really Improve Airport Security.” Ergonomics in Design 10, no. 1 (2002): 17-22.

Horvitz, Joanne F. "Arab Terrorism and International Aviation: Deterrence v. The Political Act," Chitty's Law Journals 24, no. 5 (1976): 145.

ICAO. “Windhoek Declaration on Aviation Security and Facilitation in Africa,” Ministerial Conference (Namibia, 4th -7th April 2016): 6. https://www.icao.int/Meetings/a40/Documents/WP/wp_063_en.pdf

International Civil Aviation Organization. “Convention to Discourage Acts of Violence against Civil Aviation.” International Legal Materials 10, no. 6 (1971): 1151–56.

International Civil Aviation Organization. Manual on the Regulation of International Air Transport 9626 (International Civil Aviation Organization, 2004): 53.

Irandu, Evaristus M. “The Development of Jomo Kenyatta International Airport as a Regional Aviation Hub.” Journal of Air Transportation 11, no.1 (2006): 54.

Kiminyei, Felix and Brian Obiero. “Making Kenya the Aviation Hub in Africa.” KIPPRA (2018): 1.

Kimuyu, Hilary and Nyambega Gisesa. “Fears as US Warns of Possible Terror Threat in Kenyan Airspace.” Nation (2020, March 18). https://nation.africa/kenya/news/fears-as-us-warns-of-possible-terror-threat-in-kenyan-airspace-255380?view=htmlamp (Accessed April 3, 2020).

Kishan, K.K. and KV Mahendra Prashanth. "Techniques for Detecting and Tracking of Baggage in Airports." In 2017 International Conference on Recent Advances in Electronics and Communication Technology (ICRAECT), IEEE (2017): 333-338.

Koros, Rosemary Chebet. Effect of Strategic Management Drivers on Performance of Airports in Kenya (Unpublished Ph.D. Dissertation, JKUAT-COHRED, 2018): 52.

Krause, Kent C. “Putting the Transportation Security Administration in Historical Context.” Journal of Air Law & Commerce 68, no. 1 (2003): 237

Kreß, Claus and Benjamin K. Nußberger. Part 1 The Cold War Era (1945–89), 19 The Entebbe Raid—1976 (Oxford University Press, 2018).

Krull, Katie E. The Threat Among Us: Insiders Intensify Aviation Terrorism (Pacific Northwest National Lab., 2016): 7.

Mackenzie, David. ICAO: A History of The International Civil Aviation Organization (University of Toronto Press, 2010): 1.

Mankiewicz, René H. “The 1970 Hague Convention.” Journal of Air Law & Commerce 37 (1971): 195-209.

Maugo, Mtesigwa. "Dynamics, Emerging Legal and Regulatory Issues in Aviation Industry–African Perspective." (2016). Retrieved from http://repository.eac.int/123456789/1462

Mellah, Salima. “The Massacres in Algeria, 1992-2004,” Extracts from a Report Presented by the Justice Commission for Algeria. Berlin: Algeria Watch (2004): 8.

Miles, Matthew and Michael Huberman. Qualitative Data Analysis: An Expanded Sourcebook (Sage: Newbury Park, 1994): 10.

Mohamed, Tamer Z.F. and Tamer S. Elseyoufi. “Terrorism in the Middle East: Implications on Egyptian Travel and Tourism.” International Journal of Religious Tourism and Pilgrimage 6, no. 3 (2018): 7.

Muendo, Mercy. “Evolution of the Kenyan Aviation Transport Industry from Colonisation to the Present: Towards Legal Compliance with the International Standards of Aviation Law." SSRN Journals (2018): 1-18.

Mulama, Kevin and Yusuf Muchelule. “Factors Affecting Contingency Preparedness at Kisumu International Airport, Kisumu County, Kenya.” Journal for Studies in Management and Planning 2, no. 1 (2016): 376

Mwikya, Nelson K. and S. Angeline Mulwa. “Implementation of Aviation Safety Standards and Performance of Air Transport Industry: A Conceptual Perspective.” African Journal of Business and Management, 1 no. 2 (2018): 23.

Nyanchoga, Samuel A. “The Constitution, National Security Council and the War on Terror in Kenya.” Africa Amani (2017): 7-11.

Office of the Civil Aviation Security. Criminal Acts against Civil Aviation (Springfield, U.S. Department of Transportation, USA, 1996): 42.

Office of the Coordinator for Counterterrorism. Country Reports on Terrorism 2004 (United States, Department of State, 2005).

Oster Jr, Clinton V., John S. Strong, and C. Kurt Zorn. “Analyzing Aviation Safety: Problems, Challenges, Opportunities.” Research in Transportation Economics 43, no. 1 (2013): 148-164.

Poggiolini, David. “Intensifying Security at Kenya's Airports: Aviation.” Transport World Africa 5, no. 1 (2004):46.

Rhodes, Dawna. Evolution of International Aviation (London: Routledge, 2016): 12.

Robin, Kriel. “Kenya’s Major Airports on High Alert After Terror Threat Warning.” CNN (2016). https://edition.cnn.com/2016/02/29/africa/kenya-airports-terror-alert/index.html (Retrieved June 12, 2020).

Roderick, Van Dam. Regulating International Civil Aviation: An ICAO Perspective (Norwell, MA: Martinus Nijhoff, 1992): 11.

Schiavo, Mary. “The Chronology of Attacks against Civil Aviation.” Aviation Security Management (2008): 187.

Seshia, Maya. “From Foreign to Canadian: The Case of Air India and the Denial of Racism." Canadian Journal of Cultural Studies 27, no. 1 (2012): 215.

Sweet, Kathleen. Aviation And Airport Security: Terrorism And Safety Concerns (CRC Press, 2008): 12.

Szliowicz, Joseph. “Aviation Security: Promise or Reality.” Journal of Studies in Conflict & Terrorism 47-63 (2010): 56.

Tominaga, Erika. “Japan’s Middle East Policy, 1972–1974: Resources Diplomacy, Pro-American Policy, and New Left.” Diplomacy & Statecraft 28, no. 4 (2017): 674.

Van der Toorn, Damien. “September 11 Inspired Aviation Counter-Terrorism Convention and Protocol Adopted.” Insights (2010): 1-5.

Wallis, Rodney. “The Role of the International Aviation Organisations in Enhancing Security.” Terrorism and Political Violence 10, no. 3 (1998): 83–100.

Wilkinson, Paul and Brian Jenkins. Aviation Terrorism and Security (Routledge, 2013).

Witten, Samuel. “Introductory Note to The Convention on The Suppression of Unlawful Acts Relating to International Civil Aviation and The Protocol Supplementary To The Convention For The Suppression of Unlawful Seizure of Aircraft.” International Legal Materials 50, no. 2 (2011): 141–59. p 141

Laws and Statutes

Office of the Civil Aviation Security, Op. Cit. 42.

The Kenya Civil Aviation (Security) Regulations, 2019.

The Kenya Civil Aviation (Security) Regulations, 2019.

The Kenya Security Laws (Amendment) Act, 2014.

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Published

2022-01-14

How to Cite

Omweno, E. N. (2022). Legal, Regulatory and Technical Responses to Terrorism in the Aviation Industry in Kenya. SCIENCE MUNDI, 2(1), 1–21. https://doi.org/10.51867/Scimundi.2.1.1.10