Transnational Terrorism and State Accountability

Transnational Terrorism and State Accountability PDF

Author: Vincent-Joël Proulx

Publisher: Bloomsbury Publishing

Published: 2012-11-05

Total Pages: 250

ISBN-13: 1782250387

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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.

Transnational Terrorism and State Accountability

Transnational Terrorism and State Accountability PDF

Author: Vincent-Joël Proulx

Publisher:

Published: 2012

Total Pages: 346

ISBN-13: 9781472566195

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Every State has an obligation to prevent terrorist attacks emanating from its territory. This study 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.

Transnational Terrorist Groups and International Criminal Law

Transnational Terrorist Groups and International Criminal Law PDF

Author: Anna Marie Brennan

Publisher: Routledge

Published: 2018-07-27

Total Pages: 222

ISBN-13: 1351965689

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Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.

Terrorism and the State

Terrorism and the State PDF

Author: Tal Becker

Publisher: Bloomsbury Publishing

Published: 2006-03-23

Total Pages: 402

ISBN-13: 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 PDF

Author: Claudia Candelmo

Publisher: Edward Elgar Publishing

Published: 2024-05-02

Total Pages: 265

ISBN-13: 1789906091

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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.

Accountability and Review in the Counter-Terrorist State

Accountability and Review in the Counter-Terrorist State PDF

Author: Blackbourn, Jessie

Publisher: Policy Press

Published: 2019-12-04

Total Pages: 192

ISBN-13: 152920626X

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Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.

Transnational Terrorism

Transnational Terrorism PDF

Author: Steven M. Chermak

Publisher: Routledge

Published: 2019-11-11

Total Pages: 352

ISBN-13: 135187781X

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The dramatic terrorist attacks of 9/11 highlighted significant gaps in research on the topic as governments, community groups, social service agencies and law enforcement agencies were forced to respond without any evidence-based guidance on best practices for tactics, strategies, and policy development. The essays selected for this volume demonstrate that transnational terrorism is now a thriving area of study and display the breadth and depth of scholarship that has recently been published. The research draws attention to global patterns of transnational terrorism; highlights various structural and cultural explanations; provides an overview of some of the ways that terrorism impacts society; and discusses strategies used to effectively respond to transnational terrorism. This volume, which is of interest to academics, policymakers and practitioners, provides a repository of some of the best contemporary research in this field.

State Responsibility for International Terrorism

State Responsibility for International Terrorism PDF

Author: Kimberley N. Trapp

Publisher: OUP Oxford

Published: 2011-06-02

Total Pages: 320

ISBN-13: 0199592993

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International law imposes a range of obligations related to terrorism on states, including the duty to prevent terrorist acts, to extradite terrorists or prosecute them, and not to participate in terrorist activities. This book examines how the rules of state responsibility can be used to enforce these obligations and to respond to violations.