Introduction

Since the outcome of the UK Brexit referendum was announced on June 24, 2016, the ramifications to those living on the Island of Ireland have remained undetermined.

Northern Ireland, where 55.78 percent of the votes cast were for remaining within the EU, is the only region of the UK that shares a border with the frontier between the EU. In talks between the UK and the EU in the long-running debate over the Northern Ireland Protocol was signed.

The DUP claimed in their case that the Northern Irish Protocol could undermine Constitutional security in the United Kingdom. In a region that is perhaps most well-known for its turbulent history and its repercussions for inflammatory or sensationalized claims are shockingly evident. A report for 2021 to the UK Parliament said that the response to Brexit and the protocol regarding Ireland and Northern Ireland had created more complexity and increased the importance of paramilitaries ( IRC page 10).

In March 2021 In March 2021, The Loyalist Communities Council (LCC), a body representing Ulster Volunteer Force (UVF), the Ulster Volunteer Force (UVF), Ulster Defence Association (UDA), and the Red Hand Commando (RHC), wrote in the direction of UK Prime Minister Boris Johnson, stating ‘[t]he loyalist groups are withdrawing its support of the Belfast Agreement …’ ( Reuters). The Belfast Agreement, known as the “Good Friday Agreement,” was a multi-party peace accord that marked the conclusion of “the Troubles.” The three groups that the LCC represents are all prohibited organizations under Section 2. of the Terrorism Act, which lists organizations that are not permitted.

Participate in or commit acts of terrorism

Prepare for the possibility of terrorism

Encourage or promote the spread of terrorism (including the illegal glorification of terrorist acts)

We are also concerned about the issue of terrorism

Wrongful Acts

Article 2 in the ILC Articles on State Responsibility (ARSIWA) provides that “[t]here’s an internationally unlawful act by a State if an act or omission that (a) is due to the State by international law and (b) is a violation in a State’s international obligations’.

In addition, there is no distinction in principle between an act of omission and a positive action ( ILC Article Commentaries page 35). In the case of United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), the ICJ concluded there was evidence that showed the Iranian Government had failed before the attack to take ‘”appropriate measures” to secure the premises of the archives, staff, and premises that the United States maintains… The Iranian Government failed to take these actions due to more than negligence or inability to use appropriate methods’ ( Tehran case para 63). The Court then concluded that the inaction from the Iranian Government alone was a clear and grave breach of Iran’s obligations towards the United States …’ ( Tehran case para 67).

The international obligation is to stop terrorist acts.

The consensus is that a state is not responsible for the acts of an actor that is not a State as long as the attribution criteria best exemplified through Nicaragua are met. However, it is not enough to simply assign responsibility for an attack by terrorists. Still, it can additionally confer responsibility on the State for an inability to stop an attack, provided that the absence or inaction constitutes a violation of a binding international obligation.

The UK is bound by international law to limit terror activities within its borders.

UNSC Resolution 1373 was adopted on September 28, 2001. The resolution states … that all States must (a) not provide any passive or active assistance to individuals or entities involved in terrorist attacks and stop recruiting terrorist organizations’ members ( UNSC resolution 1373 page 2).

Additionally, the International Convention for the Suppression of the Financing of Terrorism (ICSFT) that UK UK signed on January 10, 2000, and signed on March 7, 2001, was ratified by the UK. ( ICSFT Chapter XVIII) includes an article 18 that stipulates that the States Parties cooperate in the fight against terrorist acts by taking all measures … to stop and thwart preparations within their respective territories to facilitate the perpetration of terrorism inside or outside their environment’ ( ICSFT page 10).