International Responsibility For Terrorist Acts

Author : Kimberley N. Trapp
Publisher : OUP Oxford
Page : 320 pages
File Size : 47,5 Mb
Release : 2011-06-02
Category : Law
ISBN : 9780191621666

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State Responsibility for International Terrorism by Kimberley N. Trapp Pdf

The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

Author : Tal Becker
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,5 Mb
Release : 2006-03-23
Category : Law
ISBN : 9781847310156

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Terrorism and the State by Tal Becker Pdf

Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.

Author : Marja Letho
Publisher : BRILL
Page : 532 pages
File Size : 42,7 Mb
Release : 2009-10-12
Category : Law
ISBN : 9789047444978

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Indirect Responsibility for Terrorist Acts by Marja Letho Pdf

The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.

Author : Marja Lehto
Publisher : Unknown
Page : 558 pages
File Size : 54,6 Mb
Release : 2008
Category : Terrorism
ISBN : 9524842165

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International Responsibility for Terrorist Acts by Marja Lehto Pdf

Author : CLAUDIA. CANDELMO
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2024-05-21
Category : Law
ISBN : 1789906083

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State Responsibility and Terrorism by CLAUDIA. CANDELMO Pdf

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks. State Responsibility and Terrorism underlines the conceptual foundations of State responsibility before expertly examining the consequences for the commission of terrorist acts, complicity, and the failure to prevent and punish these crimes. Also, the book explores how conditions for the lawful use of force change according to State involvement, simultaneously dissecting the feasibility of complicity between States and non-State actors for terrorist conduct. Incorporating relevant contemporary case law and literature, examples include the 1979 Tehran Hostages case and the 2005 London bombings. In this framework, chapters discuss the Articles on State Responsibility for Internationally Wrongful Acts and assess the erga omnes character of the prohibition of terrorism in international law. Innovative and insightful, this book is a crucial resource for students and academics in public international law, as well as terrorism and security law. It is also beneficial to practitioners in international dispute settlement for reference to recent debates on international terrorism and State responsibility.

Author : Pablo Antonio Fernández-Sánchez
Publisher : BRILL
Page : 528 pages
File Size : 42,5 Mb
Release : 2008-12-23
Category : Law
ISBN : 9789004180864

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International Legal Dimension of Terrorism by Pablo Antonio Fernández-Sánchez Pdf

More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law. This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism. The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective. In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.

Author : Nina H. B. Jørgensen
Publisher : Cambridge University Press
Page : 0 pages
File Size : 53,6 Mb
Release : 2022-08-18
Category : Law
ISBN : 100925782X

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The International Criminal Responsibility of War's Funders and Profiteers by Nina H. B. Jørgensen Pdf

This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

Author : Michael P. Scharf
Publisher : Cambridge University Press
Page : 241 pages
File Size : 45,7 Mb
Release : 2013-05-31
Category : Law
ISBN : 9781107276765

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Customary International Law in Times of Fundamental Change by Michael P. Scharf Pdf

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

Author : Marja Lehto
Publisher : Martinus Nijhoff Publishers
Page : 533 pages
File Size : 55,9 Mb
Release : 2009
Category : Political Science
ISBN : 9789004178076

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Indirect Responsibility for Terrorist Acts by Marja Lehto Pdf

The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.

Author : René Provost
Publisher : Routledge
Page : 589 pages
File Size : 46,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351898034

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State Responsibility in International Law by René Provost Pdf

In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.

Author : Vincent-Joël Proulx
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 54,6 Mb
Release : 2012-11-05
Category : Law
ISBN : 9781782250371

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Transnational Terrorism and State Accountability by Vincent-Joël Proulx Pdf

Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

Author : United Nations
Publisher : United Nations Publications
Page : 0 pages
File Size : 41,7 Mb
Release : 2008
Category : Social Science
ISBN : 9211337771

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International Instruments Related to the Prevention and Suppression of International Terrorism by United Nations Pdf

THis publication is an updated compendium of universal and regional counter-terrorisms international treaties, conventions, and agreements.

Author : Claudia Candelmo
Publisher : Edward Elgar Publishing
Page : 265 pages
File Size : 54,6 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781789906097

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State Responsibility and Terrorism by Claudia Candelmo Pdf

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks.

Author : Dr Myra Williamson
Publisher : Ashgate Publishing, Ltd.
Page : 339 pages
File Size : 46,7 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496564

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Terrorism, War and International Law by Dr Myra Williamson Pdf

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

Author : Anonim
Publisher : DIANE Publishing
Page : 107 pages
File Size : 53,8 Mb
Release : 2002
Category : Electronic
ISBN : 9781428960824

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Counter-Terrorism and the Use of Force in International Law by Anonim Pdf

In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.