The responsibility of Somalia for the acts of the Somali pirates

One of the greatest dilemmas faced by the modern State is to determine the way in which it could distance itself from terrorist activity that is perceived to be condoned or even supported by the State. The terrorist of today is highly sophisticated in the art of confusing the public and the international community, which often results in fingers being pointed at a sovereign State in terms of responsibility for private acts of terrorism. It therefore becomes necessary to inquire into the principles that identify liability in this area with a view to determining true reprehensibility of perpetrators who often make themselves indistinguishable from both the government and the civilian population within which they function. The fundamental issue in the context of State responsibility for the purposes of this article is to consider whether a State should be considered responsible for its own failure or non-feasance to prevent a private act of terrorism in its territory or whether the conduct of the State itself can be impugned by identifying a nexus between the perpetrator's conduct and the State. This article will conclude that the responsibility of a State for private acts of individuals that can be determined as acts of terrorism is determined by the quantum of proof available that could establish intent or negligence of the State, which in turn would establish complicity or condonation on the part of the State concerned.