Transnational Terrorism and State Accountability

A New Theory of Prevention

Vincent-Joël Proulx, Judge Bruno Simma

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English

Hart Publishing
05 November 2012

International criminal law; Terrorism law

Series: Hart Monographs in Transnational and International Law

"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."

By: Vincent-Joël Proulx
Foreword by: Judge Bruno Simma
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 708g
ISBN: 9781849462853
ISBN 10: 1849462852
Series: Hart Monographs in Transnational and International Law
Pages: 378
Publication Date: 05 November 2012
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Vincent-Joël Proulx is Assistant Professor at the National University of Singapore’s Faculty of Law and a Barrister and Solicitor of the Ontario Bar. Previously, he served a three-year term as Special Assistant of the President of the International Court of Justice.

Reviews for Transnational Terrorism and State Accountability: A New Theory of Prevention

Thorough, well-researched and cogent, Vincent-Joel Proulx makes a compelling case for applying a strict-liability standard that would require states to respond to terrorist activities. Kienan D. Christianson ASIL Cables Website April 2013

Winner of Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists 2014
Winner of Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists 2014 (UK)