State Responsibility and the War on Terror: The Legacy of Thomas Jefferson and the Barbary Pirates
4 Chi J Intl L

4 Chi J Intl L 121
Robert F. Turner

This Article examines Thomas Jefferson’s efforts to deal with the first major state-sponsored terrorist threat faced by the United States—that of the Barbary Pirates. According to the author, Jefferson foresaw the principle of nonintervention in the internal affairs of other states, the utility of multilateralism and collective security arrangements, and the importance of dealing decisively with acts of aggression or terrorism. The author surveys the history of the US conflict with the Barbary Pirates and details Jefferson’s success, and the success of his generals, in addressing the threat. The author argues that the central lesson to be drawn from Jefferson’s efforts is the importance of incentive structures. In other words, the best method for addressing terrorist attacks is to ensure that the eventual outcome is, on balance, a clear defeat for the terrorist’s cause. The author concludes that only a strategy that focuses on levying more harmful consequences against terrorists will serve as an effective deterrent to terrorist activity.