IMOVINSKA SIGURNOST U KONTEKSTU ODGOVORNOSTI DRŽAVE ZA ŠTETU NASTALU TERORISTIČKIM DJELOVANJEM / HOMELAND SECURITY IN THE CONTEXT OF STATE LIABILITY FOR THE DAMAGE CAUSED BY TERORIST ACTS

Abstract

In this paper the authors discuss the essential aspects of establishing material responsibility and conducting the pecuniary damage caused by terrorist acts. This paper is trying to clarify the specific point of view of its international legal peculiarities by taking into account that this matter is not deepened in the scientific and professional literature. After years of vacuum, and frequent acts of terrorism, many countries are beginning to normatively edit these relations. There is a need for international legal codification of legal standards that would regulate the mentioned area and the need for unification of procedural, legal actions and proceedings damages. The authors elaborate the general principles and requirements of damages, putting them in the context of the specifics of terrorist activities damages and making a distinction between the principle of compensation for material damage in ordinary civil proceedings and the application of those principles in proceedings of terrorist act damages. This is necessary due to the nature of terrorist acts and the problem of determining the offender, and determining the holder of the reparation obligation for the damages. In addition, how will a person who commits a terrorist act, and has no property, compensate the damage, and to whom to alienate its obligation to make damages reparation. The paper accepts two options, one of which involves the state reparation and the other involves responsibility to repair the damage by other legal and natural persons. To illustrate these concerns and alternatives authors give clear examples for adverse events of a terrorist character without coverage.