State Responsibility for International Terrorism

State Responsibility for International Terrorism
Author: Kimberley N. Trapp
Publisher: OUP Oxford
Total Pages: 320
Release: 2011-06-02
Genre: Law
ISBN: 0191621668

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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.

Terrorism and the State

Terrorism and the State
Author: Tal Becker
Publisher: Bloomsbury Publishing
Total Pages: 402
Release: 2006-03-23
Genre: Law
ISBN: 184731015X

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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.

State Responsibility and Terrorism

State Responsibility and Terrorism
Author: CLAUDIA. CANDELMO
Publisher:
Total Pages: 0
Release: 2024-05-21
Genre: Law
ISBN: 9781789906080

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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.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change
Author: Michael P. Scharf
Publisher: Cambridge University Press
Total Pages: 241
Release: 2013-05-31
Genre: Law
ISBN: 1107276764

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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.

The Law of International Responsibility

The Law of International Responsibility
Author: James Crawford
Publisher: Oxford University Press
Total Pages: 1364
Release: 2010-05-20
Genre: Law
ISBN: 0199296979

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Materials on the Responsibility of States for Internationally Wrongful Acts

Materials on the Responsibility of States for Internationally Wrongful Acts
Author: United Nations. International Law Commission
Publisher:
Total Pages: 472
Release: 2012
Genre: Law
ISBN:

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"The present collection of materials reproduces the text of the State responsibility articles, with commentaries thereto, as presented in the Yearbook of the International Law Commission, together with the compilation of decisions recording 154 instances in which international courts, tribunals and other bodies referred to the articles and commentaries during the period from 1973 to 1996 when the draft articles were adopted on first reading, from 1996 to their adoption on second reading in 2001, and up to 31 January 2010."--Provided by publisher.

Defining International Terrorism

Defining International Terrorism
Author: Stella Margariti
Publisher: Springer
Total Pages: 194
Release: 2017-08-01
Genre: Law
ISBN: 946265204X

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This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

State Responsibility for International Terrorism

State Responsibility for International Terrorism
Author: Kimberley N. Trapp
Publisher: Oxford University Press
Total Pages: 316
Release: 2011-06-02
Genre: Law
ISBN: 0199592993

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Readership: Academics and students studying the law of state responsibility and the legal regime applicable to international terrorism; Government, UN and international/regional organization legal advisers.

Israel yearbook on human rights. 19. 1989 (1990)

Israel yearbook on human rights. 19. 1989 (1990)
Author: Yoram Dinstein
Publisher: Martinus Nijhoff Publishers
Total Pages: 418
Release: 1990-02-14
Genre: Political Science
ISBN: 9780792304500

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The "Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The "Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). The Articles section of Volume 34 contains articles on Current Issues in International Law and Military Operations.