State Responsibility and Terrorism

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State Responsibility and Terrorism

New Perspectives in International Law

9781789906080 Edward Elgar Publishing
Claudia Candelmo, Assistant Professor (RTD-B) in International Law, Department of Law, University of Udine, Italy
Publication Date: May 2024 ISBN: 978 1 78990 608 0 Extent: c 276 pp
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.

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Contents
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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.

State Responsibility and Terrorism underlines the conceptual foundations of State responsibility before expertly examining the consequences for the commission of terrorist acts, complicity, and the failure to prevent and punish these crimes. Also, the book explores how conditions for the lawful use of force change according to State involvement, simultaneously dissecting the feasibility of complicity between States and non-State actors for terrorist conduct. Incorporating relevant contemporary case law and literature, examples include the 1979 Tehran Hostages case and the 2005 London bombings. In this framework, chapters discuss the Articles on State Responsibility for Internationally Wrongful Acts and assess the erga omnes character of the prohibition of terrorism in international law.

Innovative and insightful, this book is a crucial resource for students and academics in public international law, as well as terrorism and security law. It is also beneficial to practitioners in international dispute settlement for reference to recent debates on international terrorism and State responsibility.
Critical Acclaim
‘With her insightful analysis, Dr. Candelmo navigates the complex terrain of state responsibility in connection with terrorist acts by non-state actors. This book delves deep into contentious issues concerning this area – including responsibility for failing to prevent terrorist acts, complicity and their consequences – and tackles important theoretical questions, such as causality and distribution of responsibilities. It is an indispensable resource for academics, practitioners and students of international law.’
– Alice Ollino, University of Milano Bicocca, Italy

‘The book analytically scans instances of State responsibility in connection with non-State actors, including the consequences of acts not entirely attributable to States, which are rather the result of the conduct of multiple actors. In particular, it provides new in-depth research on complicity between States and non-State actors, aptly using as a case-study throughout the book the thorny problem of the use of force against non-State armed groups.’
– Giulio Bartolini, Roma Tre University, Italy

‘This book offers a thorough analysis of the law on State responsibility in the context of terrorist activities perpetrated by non-State actors. It covers the primary and secondary obligation of States that progressively impose an articulate framework to outlaw terrorist activities and it focuses on the complicity of States in these activities. The book concludes that the application of the law on State responsibility must reflect the specific contributions of any State(s) and non-State actor(s) where terrorist acts are committed jointly. A must-read for students, scholars and practitioners working on State responsibility.’
– Petra Minnerop, Durham University, UK

‘Prof. Candelmo shows how the degree of State involvement in non-State terrorism, ranging from attribution and complicity to violations of due diligence and other wrongful acts, can usefully inform the legal consequences for States. State Responsibility and Terrorism makes a significant contribution to a complex regulatory framework.’
– Robert Barnidge Jr., Chaminade College Preparatory School, US
Contents
Contents:
1 Introduction
PART I THE CONDITIONS FOR THE
ESTABLISHMENT OF STATE RESPONSIBILITY
2 The commission of acts of international terrorism
3 Complicity of the state in acts of international terrorism
4 The breach of the obligation to prevent and punish terrorist acts
5 Other wrongful acts of the state in connection with
terrorist offences
PART II THE CONTENT OF STATE RESPONSIBILITY
6 The consequences of the commission of terrorist acts
7 Consequences of complicity in terrorist acts
8 Consequences for failure to prevent and punish terrorist acts
9 Consequences of other wrongful acts of the state
10 Conclusions
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