Edited by Ben Saul
Chapter 3: Terrorism and the international law of state responsibility
Adopting the framework of primary and secondary rules set out in the ILC’s work on State Responsibility, this chapter explores (i) state obligations to refrain from engaging in and to prevent acts of international terrorism, and to extradite or submit terrorist actors for prosecution, and (ii) the particularities of applying the secondary rules of state responsibility to the terrorism context. In so doing, the chapter considers acts of state sponsored terrorism and the challenges involved in meeting relevant thresholds of attribution, discussing in particular the Ukraine’s case against Russia before the International Court of Justice (ICJ), in respect of the downing of MH17. Finally, the chapter explores the implementation of state responsibility in the terrorism context, looking to the ICJ as means of securing ‘justice’ for victim states without risking further (unnecessary) disruptions to international peace and security.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.