State Responsibility for Terrorist Groups

Elizabeth Nielsen
Vol. 17
November 2011
Page 151

This note argues that the Security Council resolutions passed in the wake of the September 11, 2001, terrorist attacks changed the primary rules of international law, but not the secondary rules of state responsibility. The primary rules establish the standards of legal conduct, while the secondary rules define the conditions under which a state is responsible for violating these standards. Under the current legal regime, states do not engage full international responsibility for the acts of terrorist groups that are not de jure or de facto state organs or agents. Rather, states are responsible for the separate delict of their failure to comply with their negative or positive obligations.

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