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Nowadays one of the severe threats to the international law system is posed by terrorism. Since the arisen term of “International terrorism” the difficulties correspond to regulate the crimes of international level had arisen too. Such events have caused limitations in borders of international law that evoke consequences between states and relationships between state and citizens. Therefore, certain legal gaps have occured in relation to international terrorist actions.^{^[1]}

Firstly, international law system is not able to establish sufficient preventive measures to combat terrorist attacks in advance. At present times states' steps are mostly aimed at stopping sporadic terrorist acts or prosecuting crimes that have already been committed. Preventive initiatives entail substantial expenses that impact national budgets on a permanent basis and suggest substantial limitations on the rights of law-abiding people.

Moreover, judgments against international terrorist organisations and their members differ from one jurisdiction to another, therefore it’s a complicated task for a state to combat with an international terrorist organization acting in different jurisdictions. Measures taken in one state against international terrorist organizations often have little influence and may not be implemented in other states. Unique legal requirements for listing terrorist organizations in judicial or administrative order have been implemented by many jurisdictions.^{^[2]} Such differences in national jurisdictions can play into the hands of terrorists, allowing them to find benefits in different countries. Nevertheless, the controversy over the application of national and international laws, especially as international law related to terrorism is spread through several international conventions.^{^[3]}

Furthermore, one of the distinctive features of modern terrorism is frequent invisible cooperation between certain states and international terorist organizations. Quite often states passively or actively support these organizations, however, these interactions are hardly provable. Nevertheless, a state is not considered to be responsible when the cooperation is obvious. Likewise, there are no legal bases for responsibility of states for conduct of groups of persons as acts of states under international law^{^[4]}. According to the UN Security Council regulated by the UN Charter, only this body is able to enforce the extent of sanctions which may be imposed towards the members of international terrorist organizations. To sum up, the current international legal system does not consider states as responsible actors for the appearance of the terroristic organizations on the state’s territory.

Moreover, there is a problem of terrorism in the “failed states”. The government of such states can not neither cooperate with the terrorists nor solve the problem. Who should be responsible for the fight with the terroristic organization in this case? The UN is not able to do this, therefore other countries interfere to the the territory of the state in order to follow their own political and economic interests hiding behind the fight with terrorism.

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