Combating Terrorist Financing: Draft Resolution

Article excerpt

The Case Western Reserve University School of Law's Institute for Global Security Law & Policy and the International Association of Penal Law sponsored the "Worm Conference on Combating Terrorist Financing" from April 9-12, 2008. The symposium, hem at the Case Western Reserve University School of Law in Cleveland, Ohio, was part of the Preparatory Colloquium for the Eighteenth International Congress of Penal Law. The Participants in the Prepatory Colloquium prepared this Draft Resolution, which outlines recommendation for how best to combat terrorist financing.

The participants in the Preparatory Colloquium of the II Section of the XVIII International Congress of Penal Law, held in Cleveland, Ohio (April 9-12, 2008), propose the following resolution:

Considering that the controls against the financing of terrorism are useful and necessary for the purposes of prevention, monitoring, investigation and reduction of harm by terrorist operations

Underlining the importance of the UN General Assembly resolution 51/210 of 17 December 1996 (paragraph 3, subparagraph (f)) and the UN International Convention for the Suppression of the Financing of Terrorism of 1999

Welcoming the widespread ratification of the UN Convention for the Suppression of the Financing of Terrorism of 1999 by Member States

Recalling the Council of Europe Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002 at the 804th meeting of the Ministers' Deputies

Taking note of the lack of a universal definition of terrorism and the diversity of national definitions and approaches to terrorism finance

Reiterating the importance of both risk- and principle-based financial controls

Reaffirming the wisdom of founding CFT and counter-terrorism policies more generally on reliable evidence and analysis

Emphasizing that the financing of terrorism and money laundering practices are often dissimilar in nature and may require different counter-measures

Noting the absence of systematic and thorough data collection and analysis regarding the financing of terrorism at national and international levels

Expressing concern at the application of certain preventive measures and designation practices without criminal prosecution or effective application of human rights safeguards and guarantees under international law

Propose to the XVIIIth International Congress of Penal Law the adoption of the following Resolution. (1)

The need of an adequate system of targeting terrorism finance

1. The establishment of an adequate system of targeting terrorist finance (CFT) is essential in order to fight terrorism. Reducing the possible harm of terrorist operations and attacks, an adequate system of control of terrorist finance can equally serve to monitor militant activities so that preventive actions can be taken. It also enables the reconstruction of events and the detection of coconspirators who can then be pursued; and moreover, the public announcement that financial activities are under scrutiny forces extremist groups to make frequent tactical changes and communications, which generates valuable opportunities for intelligence gathering.

Empirical aspects

2. In the last decade, and particularly alter September 11, CFT measures have grown in number, scope and geographic application due to FATF, UN, EU and other initiatives, including many undertaken at national levels. Lists of designated suspected terrorists have been created and circulated; assets of those named in such lists have been frozen, including those of nonprofit organizations. Laws have been introduced regarding terrorist finance and material support for terrorism.

3. Nevertheless, after 7 years of applying CTF measures, the system and its cost-effectiveness should be thoroughly evaluated and its priorities should be adjusted accordingly. …