States’ Due Diligence Obligations with regard to International Non–State Terrorist Organisations Post–11 September 2001: the Heavy Burden that States must bear

Abstract

This article explores the exact nature of a state's due diligence obligation since the 11 September 2001 terrorist attacks. It addresses aspects of a state's due diligence obligation in reasonably protecting the international rights of states and of non-state actors generally and examines the interplay of this legal obligation with international non-state terror organisations. The exact nature of the due diligence obligation that has emerged since 11 September demands ongoing and substantial 'Hugo Grotius, De jure belli ac pacis libri tres (3 vols, Amsterdam, 1646; James Brown Scott (ed.), Francis W. Kelsey (trans.), Oxford and London, 1925), vol. II, chapter XXI, §11, paragraphs 1-2, 523. See Jan Arno Hessbruegge, 'The historical development of the doctrines of attribution and due diligence in international law', New York University Journal of International Law and Policy 36 (2-3) (2004), 265-306: 283-4. Hessbruegge credits Grotius with laying the framework for the modern due diligence principle. *The author would like to acknowledge the generous financial support of the Overseas Research Students Awards Scheme and Queen's University Belfast for his current research. While accepting full responsibility for any errors, he would like to thank the following for their valuable assistance in preparing this article: Prof. Phil Scraton and Dr Jean Allain of Queen's University Belfast; Prof. Mr P.A. Nollkaemper, Mr Dr H.G. van der Wilt and Mr J.P.J. van Wielink of the University of Amsterdam; Dr A.J.J. de Hoogh of the University of Groningen; and Dhr. Prof. Dr K.C. Wellens of Radboud University Nijmegen. Thanks also to Dr John Doyle, the reviewers for Irish Studies in International Affairs and Helena King and Fionnuala Dillane of the Royal Irish Academy's Publications Office for editorial assistance. An earlier version of this article was presented at the Royal Irish Academy's Graduate Research Seminar on 25 November 2004. Author's e-mail: rbarnidge01 @qub.ac.uk Irish Studies in International Affairs, Vol. 16 (2005), 103-125. This content downloaded from 157.55.39.159 on Fri, 09 Dec 2016 05:24:13 UTC All use subject to http://about.jstor.org/terms 104 Irish Studies in International Affairs counter-terrorism efforts by states, and this need seems to be recognised by state practice. This article poses some questions and makes some observations regarding, among other issues, the implications of an international non-state terrorist organisation's attack abroad when the state on whose territory the organisation operates is unable, while acting with due diligence, to control the organisation.