Indirect Responsibility for Terrorist Acts PDF Download

Author: Marja Lehto
Publisher: Martinus Nijhoff Publishers
ISBN: 9004178074
Category : Political Science
Languages : en
Pages : 533

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Book Description
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: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309167922
Category : Political Science
Languages : en
Pages : 184

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Book Description
The Oklahoma City bombing, intentional crashing of airliners on September 11, 2001, and anthrax attacks in the fall of 2001 have made Americans acutely aware of the impacts of terrorism. These events and continued threats of terrorism have raised questions about the impact on the psychological health of the nation and how well the public health infrastructure is able to meet the psychological needs that will likely result. Preparing for the Psychological Consequences of Terrorism highlights some of the critical issues in responding to the psychological needs that result from terrorism and provides possible options for intervention. The committee offers an example for a public health strategy that may serve as a base from which plans to prevent and respond to the psychological consequences of a variety of terrorism events can be formulated. The report includes recommendations for the training and education of service providers, ensuring appropriate guidelines for the protection of service providers, and developing public health surveillance for preevent, event, and postevent factors related to psychological consequences.

Author: Helen Duffy
Publisher: Cambridge University Press
ISBN: 1316194248
Category : Political Science
Languages : en
Pages : 1071

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Book Description
Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.

Author: Kimberley N. Trapp
Publisher: OUP Oxford
ISBN: 0191621668
Category : Law
Languages : en
Pages : 320

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Book Description
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: Sanford Silverburg
Publisher: Routledge
ISBN: 0429979347
Category : Political Science
Languages : en
Pages : 590

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Book Description
This book offers diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. It deals with the evolving foundations of international law and covers a wide range of issues that link international politics to international law.

Author: Vincent-Joël Proulx
Publisher: Bloomsbury Publishing
ISBN: 1782250379
Category : Law
Languages : en
Pages : 378

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Book Description
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: Claudia Candelmo
Publisher: Edward Elgar Publishing
ISBN: 1789906091
Category : Law
Languages : en
Pages : 265

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Book Description
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: Vincent-Joël Proulx
Publisher: Oxford University Press
ISBN: 019150002X
Category : Law
Languages : en
Pages : 407

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Book Description
Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.

Author: John H. Currie
Publisher: UBC Press
ISBN: 077482719X
Category : Law
Languages : en
Pages : 705

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Book Description
This is the fiftieth volume of The Canadian Yearbook of International Law. The contents of this special anniversary edition reflect the diversity of Canadian and international thought, opinion, and practice on current problems of international law. Included are a retrospective examination of Canadian approaches and contributions to international law during the Yearbook's first fifty years as well as cutting-edge analyses and commentary on a wide range of issues, such as the use of battlefield biometrics, the cultural dimensions of sustainable development, Omar Khadr's combatancy and child-soldier status, and immunities for gross violations of international human rights.

Author: Alice Ollino
Publisher: Cambridge University Press
ISBN: 1316511871
Category : Law
Languages : en
Pages : 317

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Book Description
This book discusses the conceptual foundations of due diligence obligations and their normative function in the law of international responsibility.