Ineffective control : the inadequacy of ILC articles of state responsibility in global terrorism

• Main Author: Lam, Guang Feng
• Other Authors: Tan Kelvin YL
• Format: Theses and Dissertations
• Language: English
• Published: 2013
• Subjects: DRNTU::Social sciences::General
• Online Access: http://hdl.handle.net/10356/55189
• Institution: Nanyang Technological University

Terrorism is a transnational phenomenon that threatens State survival. After 9/11, the United Nations Security Council had passed a number of counter-terrorism measures with one of them being the UN Security Council Resolution 1373 which decides that all States should and suppress the financing of terrorism. However, these measures are inadequate to accord responsibility to States who are indirectly involved in terrorism activities. Although terrorist organizations are considered to be non-state actors, many of them operated from bases situated within State boundaries and the presence of some terrorist organizations has even been tolerated by their host-States. International law, in particular the law of State Responsibility, has largely been silent on the indirect involvement of States in terrorism. Hence, this dissertation will try to identify the difficulty of attributing terrorist conduct to a State. It also argues that the difficulty results from the standard of control set by the ICJ in its application of the ILC Articles on State Responsibility.