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Hastings International and Comparative Law Review

Abstract

International terrorists survive and flourish while working underground and out of sight. However, for all its secrecy, terrorism develops within national borders, often in cooperation with public officials or at the acquiescence of political leaders. This note explores the symbiotic relationship between states and private persons who commit crimes of international terrorism, and analyzes the relevant customary norms of international law that may serve as a legal device to hold states accountable in damages for state sponsorship and support of international terrorism. Although legal remedies to acts of terrorism are not always satisfactory, the potential value and positive externalities of recourse to international law should not be disregarded.

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