Search Results for: transnational terrorism and state accountability

Transnational Terrorism And State Accountability

Transnational Terrorism and State Accountability PDF
Author: Vincent-Joël Proulx
Publisher: Hart Publishing
Size: 29.40 MB
Format: PDF, Mobi
Category : Law
Languages : un
Pages : 378
View: 2878

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Transnational Terrorism And State Accountability Book Description

by Vincent-Joël Proulx, Transnational Terrorism And State Accountability Books available in PDF, EPUB, Mobi Format. Download Transnational Terrorism And State Accountability books, 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.


State Responsibility For International Terrorism

State Responsibility for International Terrorism PDF
Author: Kimberley N. Trapp
Publisher: Oxford University Press
Size: 53.99 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 295
View: 5102

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State Responsibility For International Terrorism Book Description

by Kimberley N. Trapp, State Responsibility For International Terrorism Books available in PDF, EPUB, Mobi Format. Download State Responsibility For International Terrorism books, 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.


Terrorism And The State

Terrorism and the State PDF
Author: Tal Becker
Publisher:
Size: 80.83 MB
Format: PDF, Kindle
Category : Electronic books
Languages : en
Pages : 390
View: 4679

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Terrorism And The State Book Description

by Tal Becker, Terrorism And The State Books available in PDF, EPUB, Mobi Format. Download Terrorism And The State books, Analyses the legal principles that govern State responsibility for the conduct of non-State actors, and examines their relevance and effectiveness in an interconnected world. This book argues that traditional approaches to determining the State's legal responsibility for violations of the counter-terrorism obligations lack conceptual coherence.


Transnational Terrorist Groups And International Criminal Law

Transnational Terrorist Groups and International Criminal Law PDF
Author: Anna Marie Brennan
Publisher: Routledge
Size: 69.62 MB
Format: PDF, Docs
Category : International criminal law
Languages : en
Pages : 222
View: 7142

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Transnational Terrorist Groups And International Criminal Law Book Description

by Anna Marie Brennan, Transnational Terrorist Groups And International Criminal Law Books available in PDF, EPUB, Mobi Format. Download Transnational Terrorist Groups And International Criminal Law books, 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 operandiand 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. ute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandiand 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.


Institutionalizing State Responsibility

Institutionalizing State Responsibility PDF
Author: Vincent-Joël Proulx
Publisher: Oxford University Press
Size: 42.27 MB
Format: PDF, ePub
Category : Government liability (International law)
Languages : en
Pages : 400
View: 4141

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Institutionalizing State Responsibility Book Description

by Vincent-Joël Proulx, Institutionalizing State Responsibility Books available in PDF, EPUB, Mobi Format. Download Institutionalizing State Responsibility books, 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-defense and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.


Dilemmas Of Weak States

Dilemmas of Weak States PDF
Author: Tatah Mentan
Publisher: Ashgate Publishing, Ltd.
Size: 14.97 MB
Format: PDF
Category : Political Science
Languages : un
Pages : 380
View: 1768

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Dilemmas Of Weak States Book Description

by Tatah Mentan, Dilemmas Of Weak States Books available in PDF, EPUB, Mobi Format. Download Dilemmas Of Weak States books, Tatah Mentan examines the weak state-terrorism nexus, with particular emphasis on Africa. Specifically, the book provides an in-depth analysis of state weakness, poverty and the opportunities offered by the latter for the breeding of terrorism and terrorists. It also looks at the part played by radical Islam in transnational terrorism in Africa.


International Law And New Wars

International Law and New Wars PDF
Author: Christine Chinkin
Publisher: Cambridge University Press
Size: 67.29 MB
Format: PDF, Mobi
Category : History
Languages : en
Pages : 608
View: 3933

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International Law And New Wars Book Description

by Christine Chinkin, International Law And New Wars Books available in PDF, EPUB, Mobi Format. Download International Law And New Wars books, Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.


Counter Terrorism And The Use Of Force In International Law

Counter Terrorism and the Use of Force in International Law PDF
Author:
Publisher: DIANE Publishing
Size: 25.61 MB
Format: PDF, ePub
Category :
Languages : en
Pages : 108
View: 5980

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Counter Terrorism And The Use Of Force In International Law Book Description

by , Counter Terrorism And The Use Of Force In International Law Books available in PDF, EPUB, Mobi Format. Download Counter Terrorism And The Use Of Force In International Law books, In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.


The Sociology And Psychology Of Terrorism

The Sociology and Psychology of Terrorism PDF
Author: Federal Research Division Library of Congress
Publisher: Createspace Independent Pub
Size: 56.25 MB
Format: PDF, ePub, Mobi
Category : Psychology
Languages : en
Pages : 186
View: 1795

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The Sociology And Psychology Of Terrorism Book Description

by Federal Research Division Library of Congress, The Sociology And Psychology Of Terrorism Books available in PDF, EPUB, Mobi Format. Download The Sociology And Psychology Of Terrorism books, The purpose of this study is to focus attention on the types of individuals and groups that are prone to terrorism in an effort to help improve United States counterterrorist methods and policies.