Maritime Terrorism, the Straits of Malacca, and the Issue of State Responsibility

Abstract

Apart from traditional piracy, maritime terrorist attacks may also occur in the Straits of
Malacca. There have been accusations that the littoral states are not doing enough to prevent
possible maritime terrorist attacks by not accepting the offer of extraregional forces, and hence,
may be held responsible under international law for damage resulting from maritime terrorist
attacks. The present Article examines the concept of “attributability” under the law of state
responsibility and establishes that in the absence of any other ground of attributability, the
responsibility of a state under international law to suppress maritime terrorism is not absolute. A
state is required only to exercise good faith due diligence. This Article argues that the littoral states
have not breached their due diligence obligation, because they have stepped up coordinated
measures, in accordance with the Jakarta Statement, to combat maritime terrorism in the Straits of
Malacca. The Article concludes that maritime terrorism can be handled by balancing the interests
of the littoral states and user states, while respecting the sovereignty of the littoral states and
accepting the idea of burden sharing.