Transnational Terrorism And State Accountability
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Author | : Vincent-Joël Proulx |
Publisher | : |
Total Pages | : 346 |
Release | : 2012 |
Genre | : Electronic books |
ISBN | : 9781472566195 |
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.
Author | : Vincent-Joël Proulx |
Publisher | : Bloomsbury Publishing |
Total Pages | : 378 |
Release | : 2012-11-05 |
Genre | : Law |
ISBN | : 1782250379 |
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 |
Total Pages | : 265 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1789906091 |
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 | : Marja Lehto |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 533 |
Release | : 2009 |
Genre | : Political Science |
ISBN | : 9004178074 |
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 | : Hans Born |
Publisher | : Routledge |
Total Pages | : 562 |
Release | : 2011-01-17 |
Genre | : History |
ISBN | : 1136831398 |
This book examines how international intelligence cooperation has come to prominence post-9/11 and introduces the main accountability, legal and human rights challenges that it poses. Since the end of the Cold War, the threats that intelligence services are tasked with confronting have become increasingly transnational in nature – organised crime, the proliferation of weapons of mass destruction and terrorism. The growth of these threats has impelled intelligence services to cooperate with contemporaries in other states to meet these challenges. While cooperation between certain Western states in some areas of intelligence operations (such as signals intelligence) is longstanding, since 9/11 there has been an exponential increase in both their scope and scale. This edited volume explores not only the challenges to accountability presented by international intelligence cooperation but also possible solutions for strengthening accountability for activities that are likely to remain fundamental to the work of intelligence services. The book will be of much interest to students of intelligence studies, security studies, international law, global governance and IR in general.
Author | : Klaus Larres |
Publisher | : Springer Nature |
Total Pages | : 272 |
Release | : 2021-11-27 |
Genre | : History |
ISBN | : 303083347X |
This book explores the development of transatlantic policy on international terrorism and assesses the situation today. It takes an interdisciplinary approach to terrorism and transatlantic relations, bringing together experts from contemporary history, political science, military strategy, psychology, law and security. Looking back to the roots of modern terrorism, from the late 70s to 9/11 and beyond, the volume evaluates how attitudes and approaches have changed over this period. It analyses potential solutions for finding a shared philosophy to counter the threat of transnational terrorism in the US and Europe, against a rapidly changing political landscape. Chapters cover a range of topics, including the psychology of terrorism, online propaganda, domestic terrorism, terrorism and finance and cyber security.
Author | : Tal Becker |
Publisher | : Bloomsbury Publishing |
Total Pages | : 402 |
Release | : 2006-03-23 |
Genre | : Law |
ISBN | : 184731015X |
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 | : Rosalyn Higgins |
Publisher | : Oxford University Press |
Total Pages | : 312 |
Release | : 1995-08-24 |
Genre | : Law |
ISBN | : 9780198764106 |
This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.
Author | : Mark S. Hamm |
Publisher | : DIANE Publishing |
Total Pages | : 258 |
Release | : 2011 |
Genre | : Political Science |
ISBN | : 1437929591 |
This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.
Author | : Walter Enders |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2011-10-31 |
Genre | : Business & Economics |
ISBN | : 1139504703 |
The Political Economy of Terrorism presents a widely accessible political economy approach to the study of terrorism. It applies economic methodology – theoretical and empirical – combined with political analysis and realities to the study of domestic and transnational terrorism. In so doing, the book provides both a qualitative and quantitative investigation of terrorism in a balanced up-to-date presentation that informs students, policy makers, researchers and the general reader of the current state of knowledge. Included are historical aspects, a discussion of watershed events, the rise of modern-day terrorism, examination of current trends, the dilemma of liberal democracies, evaluation of counterterrorism, analysis of hostage incidents and much more. The new edition expands coverage of every chapter, adds a new chapter on terrorist network structures and organization, accounts for changes in the Department of Homeland Security and the USA Patriot Act and insurance against terrorism. Rational-actor models of terrorist and government behavior and game-theoretic analysis are presented for readers with no prior theoretical training. Where relevant, the authors display graphs using data from International Terrorism: Attributes of Terrorist Events (ITERATE), the Global Terrorism Database (GTD), and other public-access data sets.