State Responsibility for International TerrorismPDF电子书下载

1. Introduction 1

1.1 The framework of state responsibility 3

1.2 The international legal regimes applicable to terrorism 8

1.2.1 Regimes of accountability applicable to international terrorism 8

1.2.2 Regimes of substantive law applicable to international terrorism 14

1.3 Defining international terrorism 14

1.3.1 The self-determination debate as a question of regime interaction 1 5

1.3.2 An emerging definition of 'international terrorism'? 18

2. The prohibition of state terrorism and questions of attribution 24

2.1 The prohibition of state terrorism 25

2.1.1 The prohibition of aggression 25

2.1.2 The prohibition of the use of force 28

2.1.3 Non-intervention in the domestic affairs of another state 30

2.1.4 Conclusion 33

2.2 Attribution 34

2.2.1 Organs of the state 34

2.2.2 Instructions, direction or control 37

2.2.3 Complicity revisited 45

2.3 Conclusion 61

3. Obligations to prevent and punish acts of international terrorism 63

3.1 The obligation to prevent acts of international terrorism 64

3.1.1 Knowledge 66

3.1.2 Capacity 70

3.1.3 Effect of 9/11 on due diligence obligations as they relate to terrorism 75

3.2 The obligation to extradite or submit for prosecution 82

3.2.1 The substance of the aut dedere aut judicare obligation 84

3.2.2 Immunity of state officials from foreign criminal proceedings 91

3.3 The self-determination debate and the scope of the TSCs 104

3.3.1 Exclusion of acts committed in furtherance of a people's right of self-determination from the scope of the TSCs 105

3.3.2 Reservations to the TSCs 121

3.4 Conclusion 127

4. The ICJ's jurisdiction over disputes relating to state responsibility for international terrorism 131

4.1 Optional clause declarations 133

4.2 The Terrorism Suppression Conventions 136

4.2.1 Application of the Bosnia Genocide Case analysis to the TSCs 144

4.2.2 Exclusion from the scope of the TSCs 147

4.3 The existence of a dispute as to the interpretation or application of a TSC 173

4.4 TSC compromissory clauses: conditions of seisin and reservations 176

4.5 Security Council enforcement of ICJ decisions 178

4.6 Conclusion 180

5. Measures adopted in response to international terrorism 182

5.1 The adoption of measures in response to international terrorism under general international law 183

5.1.1 Acts of retorsion 184

5.1.2 Countermeasures 185

5.1.3 Necessity as a circumstance precluding wrongfulness 192

5.1.4 State practice 193

5.2 The adoption of measures in response to international terrorism under sub-systems of international law 203

5.2.1 Diplomatic law 203

5.2.2 World Trade Organization 206

5.2.3 International Civil Aviation Organization 218

5.3 Conclusion 227

6. The relationship between individual criminal responsibility and state responsibility in the terrorism context 230

6.1 Determinations of individual criminal responsibility as a catalyst 232

6.2 Determinations of individual criminal responsibility as pressure 233

6.2.1 Lockerbie bombing 235

6.2.2 'La Belle' disco bombing 236

6.2.3 UTA 722 238

6.2.4 Rainbow Warrior 239

6.2.5 Ongoing criminal law enforcement processes 239

6.3 Determinations of individual criminal responsibility as satisfaction 245

6.3.1 The state must be responsible for an internationally wrongful act 246

6.3.2 The wrongdoing state must be the prosecuting state 247

6.3.3 No independent obligation to punish 248

6.4 An international criminal jurisdiction for terrorist offences 251

6.4.1 The League of Nations Terrorism Convention 252

6.4.2 Draft Code of Offences against the Peace and Security of Mankind 254

6.4.3 International Criminal Court 256

6.5 Conclusion 263

7. Conclusions 264

Bibliography 269

Index 291