
Contents
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3.1 The obligation to prevent acts of international terrorism 3.1 The obligation to prevent acts of international terrorism
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3.1.1 Knowledge 3.1.1 Knowledge
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Proof to which the element of knowledge is susceptible Proof to which the element of knowledge is susceptible
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3.1.2 Capacity 3.1.2 Capacity
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(i) Institutional capacity (i) Institutional capacity
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(ii) Resource capacity (ii) Resource capacity
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(iii) Territorial capacity (iii) Territorial capacity
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3.1.3 Effect of 9/11 on due diligence obligations as they relate to terrorism 3.1.3 Effect of 9/11 on due diligence obligations as they relate to terrorism
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(i) Shift in approach to compliance with terrorism-prevention obligations (i) Shift in approach to compliance with terrorism-prevention obligations
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(ii) Decrease in the margin of appreciation (ii) Decrease in the margin of appreciation
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(iii) Rapprochement between the obligation to prevent and the obligation to refrain (iii) Rapprochement between the obligation to prevent and the obligation to refrain
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The distinction before 9/11 The distinction before 9/11
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The distinction after 9/11 The distinction after 9/11
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3.2 The obligation to extradite or submit for prosecution 3.2 The obligation to extradite or submit for prosecution
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3.2.1 The substance of the aut dedere aut judicare obligation 3.2.1 The substance of the aut dedere aut judicare obligation
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3.2.2 Immunity of state officials from foreign criminal proceedings 3.2.2 Immunity of state officials from foreign criminal proceedings
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(i) Immunity ratione personae and ratione materiae (i) Immunity ratione personae and ratione materiae
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(ii) The relationship between immunity ratione materiae and attribution (ii) The relationship between immunity ratione materiae and attribution
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(iii) An exception to immunity ratione materiae for acts of international terrorism (iii) An exception to immunity ratione materiae for acts of international terrorism
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3.3 The self-determination debate and the scope of the TSCs 3.3 The self-determination debate and the scope of the TSCs
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3.3.1 Exclusion of acts committed in furtherance of a people’s right of self-determination from the scope of the TSCs 3.3.1 Exclusion of acts committed in furtherance of a people’s right of self-determination from the scope of the TSCs
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Internationally Protected Persons Convention Internationally Protected Persons Convention
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Hostages Convention Hostages Convention
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Terrorist Bombing Convention Terrorist Bombing Convention
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Terrorism Financing Convention Terrorism Financing Convention
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Nuclear Terrorism Convention, 2005 Protocol to the SUA Convention, 2010 Protocol to the Hague Convention and Beijing Convention Nuclear Terrorism Convention, 2005 Protocol to the SUA Convention, 2010 Protocol to the Hague Convention and Beijing Convention
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3.3.2 Reservations to the TSCs 3.3.2 Reservations to the TSCs
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3.4 Conclusion 3.4 Conclusion
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3 Obligations to prevent and punish acts of international terrorism
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Published:June 2011
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Abstract
Chapter 3 examines the customary and treaty obligations to prevent international terrorism with a view to identifying both the scope of due diligence required for compliance and any difficulties with assessing non-compliance. It further explores the treaty obligations to extradite or submit terrorist actors to prosecution, and considers the possibility of concurrent individual and State responsibility for terrorism through an examination of the applicability of State immunity to terrorism prosecutions. Finally, Chapter 3 assesses the impact of the self-determination debate on the scope of the international terrorism suppression conventions through an analysis of their exclusion clauses. In particular, Chapter 3 treats the proposed distinction between terrorism and self-determination as a question of regime interaction between humanitarian law and the criminal law enforcement conventions applicable to international terrorism.
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