International Responsibility Of States For Breaching The Obligation To Prevent International Terrorism

The phenomenon of international terrorism, as one of the main threats to international peace and security, has consistently been a focus of international law. Addressing this phenomenon, which has significantly expanded in recent decades and led to some of the most severe terrorist acts in history, has always been on the agenda of the international community, particularly the United Nations. This response includes not only combating terrorism but also involves efforts to prevent its emergence. Therefore, all states are obliged by binding international instruments to prevent international terrorism, obstruct its formation, expansion, and recruitment, and ultimately to combat and suppress this phenomenon. Failure to comply with these obligations results in the international responsibility of states. Any wrongful act consists of two elements: the attributive element, meaning the act must be attributable to the state, and the substantive element, meaning the violation of an international obligation. Although terrorists are generally natural persons (individuals and private groups) and, according to the general principle, the acts of natural persons cannot be attributed to the state, the Draft Articles on Responsibility of States for Internationally Wrongful Acts (۲۰۰۱) by the International Law Commission has provisions under which states can be held liable for international obligations violations, and the acts of terrorists can be attributed to states.In light of these points, this study aims to use a descriptive-analytical method to examine and analyze the international responsibility of states resulting from acts or omissions that violate their international obligations to prevent international terrorism.

Keywords:

International Responsibility , International Terrorism , Prevention , State , Natural Persons