Transnational Terrorism and State Accountability: A New Theory of Prevention

(Hardback)

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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-Jol Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

Reviews

Thorough, well-researched and cogent, Vincent-Jol 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 *
Cette thse, particulirement convaincante et bien dfendue, est construite de manire linaire et logique Tout au long de l'ouvrage, Proulx a su dfendre de manire solide et cohrente son modle de responsabilit indirecte, qui constitue une nouvelle approche fort intressante au problme de plus en plus complexe que pose la lutte contre le terrorisme moderne en droit international. La bibliographie de cet ouvrage est d'autant plus impressionnante C'est ainsi que Proulx nous offre un point de vue enrichissant et clairant sur le problme du terrorisme moderne l'gard du droit international. -- Vincent Lanctt-Fortier * Revue qubcoise de droit international *
the original conceptual perspective adopted by Vincent-Jol Proulx in his recent monograph Transnational Terrorism and State Accountability: A New Theory of Prevention, coupled with impressively rich research and sharp legal analysis, constitutes a significant contribution to the field. What Proulx offers in the nearly 350 pages of his fascinating monograph is no less than a radical but delicate re-conceptualization of the fundamentals of the law of state responsibility in order to better accommodate the complex, multi-faceted, and grave threat that terrorism currently poses to the international community Proulx's book is beyond any doubt an avant-garde reading of the law of state responsibility. Transnational Terrorism and State Accountability: A New Theory of Prevention is a remarkable intellectual exercise, rich in both extensive factual coverage and legal analysis. It is to be recommended to anyone with an interest in the role of international law in a constantly changing international universe, the interplay between new actors and phenomena, and the challenges they pose for traditional legal rules and conceptual paradigms. -- Michail Risvas * The Canadian Yearbook of International Law *
This work is a noteworthy contribution to the existing literature mainly through its proposal for a "strict-liability infused model" in connection with states' indirect responsibility for failing to abide by their counter-terrorism obligations Transnational Terrorism and State Accountability: A New Theory of Prevention is a remarkably ambitious work that is both meticulous in its research in many aspects and engages to a large extent with both the legal and policy issues involved in its arguments. Any issue that one may take with the book should not detract from the overall progressive nature of its central propositions, which can only trigger further discussion and debate. Such contributions to tackling enormously complex issues such as preventing transnational terrorism should be welcomed and the current reviewer would encourage academics of various disciplines, practitioners and, perhaps most importantly of all, policy makers, to engage with these particular ones. -- Christian Henderson * Cambridge Law Journal *

Author Bio

Vincent-Jol Proulx is Assistant Professor at the National University of Singapores 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.