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Shared Responsibility and ONSAs in the Terrorism Context
Explores the traditional regimes of legal responsibility applicable to terrorism under international law (individual criminal and State) and how these may overlap (be shared). Argues that the effective implementation of shared responsibility is complicated or in some cases undermined by overly strict approaches to certain primary and secondary rules in the terrorism context. Finally, considers the search for alternatives to the traditional regimes of responsibility: the alternative is to address terrorist conduct proactively, with a view to prevention rather than punishment or ‘holding to account’ – in particular through the imposition of ‘terrorism matériel’ denying sanctions.
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