Suppression Of Terrorist Financing. Hamed Tofangsaz
22. Earlier versions of some sections of this chapter and chapters 5, 6, and 7 were published in New Criminal Law Review. See Hamed Tofangsaz, “Criminalization of Terrorist Financing: From Theory to Practice” 2018 21(1) New Criminal Law Review 57.
23. These conventions are: UN Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague, December 16, 1970). UN Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, September 23, 1971). UN Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents (December 14, 1973). UN International Convention against the Taking of Hostages (December 17, 1979). UN Convention on the Physical Protection of Nuclear Material (Vienna, March 3, 1980). Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, February 24, 1988). UN Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, March 10, 1988). Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, March 10, 1988). UN International Convention for the Suppression of Terrorist Bombings (December 15, 1997). UN International Convention for the Suppression of Acts of Nuclear Terrorism (April 13, 2005).
24. Anthony Aust, “Counter-Terrorism—A New Approach; The International Convention for the Suppression of the Financing of Terrorism” 2001 5 Max Plank Yearbook of United Nations Law, p. 188.
25. Financial Action Task Force and Caribbean Financial Action Task Force, Mutual Evaluation Report: Anti-Money Laundering and Combating the Financing of Terrorism; Aruba, Kingdom of the Netherlands (Paris, 2009), para. 150.
26. See Financial Action Task Force, 8th Follow-Up Report Mutual Evaluation of Aruba, Kingdom of the Netherlands (Paris, 2014), para. 11.
27. Financial Action Task Force, Mutual Evaluation Report: Anti-Money Laundering and Combating of the Financing of Terrorism; The Netherlands (February 25, 2011), para. 251.
28. Financial Action Task Force, Mutual Evaluation Report, para. 254.
29. Ibid., para. 270.
30. Financial Action Task Force, Second Follow-Up Report Mutual Evaluation of the Netherlands (Paris, 2014), p. 17.
31. See, for example, Austria’s proposal in UNGA, A/AC.252/1999/WP.11, reproduced in UNGA, above n 11, p. 29.
32. Ibid.
33. UNGA, above n 11, Annex IV, para. 11.
34. See, for example, UNGA, A/AC.252/1999/WP.6, reproduced in UNGA, above n 11. p. 27. See also UNGA, A/C.6/54/WG.1/CRP.6, reproduced in UNGA, above n 12, p. 21.
35. Marja Lehto, Indirect Responsibility for Terrorist Acts: Redefinition of the Concept of Terrorism Beyond Violent Acts (M. Nijhoff Publishers, Boston, MA, 2009), p. 312.
36. UNGA, A/C.6/54/WG.1/CRP.35/Rev.1, reproduced in UNGA, above n 12, p. 51
37. Jae-Myong Koh, Suppressing Terrorist Financing and Money Laundering (Springer, Berlin, 2006), p 97.
38. UNSC, S/RES/1267, October 15, 1999, para. 6.
39. UNSC, S/RES/1390, January 16, 2002, para. 2. UNSC, S/RES/1989, June 17, 2011.
40. UNSC, S/RES/2253, December 17, 2015, para. 3.
41. UNSC, S/RES/1390, January 16, 2002, para. 5(a).
42. UN Doc., “Security Council Committee Pursuant to Resolutions 1267 (1999), 1989 (2011), and 2353 (2015), Concerning ISIL (Da’esh), Al-Qaida and Associated Individuals, Groups, Undertakings and Entities” (Guidelines of the Committee for the Conduct of its Work, December 23, 2016), p. 2.
43. Italy V. Abdelaziz and Ors (2007), Final Appeal Judgment, No 1072; ILDC 559 (Italy).
44. US Department of State, “Foreign Terrorist Organizations” (2012), <http://www.state.gov/j/ct/rls/other/des/123085.htm>.
45. Ibid.
46. Bossong, above n 5, p. 48.
47. Julie B. Shapiro, “The Politicization of the Designation of Foreign Terrorist Organizations: The Effect on the Separation of Powers” 2008 6(3) Cardozo Public Law, Policy and Ethics Journal 547.
48. UN Doc., Letter Dated 14 February 2005 from the Chairman of the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities addressed to the President of the Security Council (S/2005/83, February 15, 2005), para. 50.
49. The EU-US friction is a good example in this regard. While the United States and Israel pressurizes EU to list Hamas and Hezbollah in its terrorist list, EU members differentiate between the military and political wings of these groups, including only the military wing of the groups to its list. For more discussion see Bianca C. Hostetler, The European Union: Expand, Shrink or Status Quo (Nova Science Publishers, Hauppauge, 2006), p. 73.
50. Alex Peter Schmid, “Introduction to the World Directory of Extremist, Terrorist and Other Organizations Associated with Guerrilla Warfare, Political Violence, Protest, Organized Crime and Cyber-Crime” in Alex Peter Schmid (ed) The Routledge Handbook of Terrorism Research (Routledge, New York, 2011), p. 350.
51. EU, Council Framework Decision of 13 June 2002 on Combating Terrorism (2002/475/JHA, June 22, 2002), Article 2(2)(a) and (b).
52. UN Convention against Transnational Organized Crime (Palermo, November 15, 2000). Article 2(a) of this convention defines a criminal group as “a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit.”
53. EU, above n 51, Article 2(1).
54. See Commission of the European Communities, Report from the Commission Based on Article 11 of the Council Framework Decision of 13 June 2002 on Combating Terrorism (Brussels, 2007).
55. Caroline M. Pelser, “Preparation to Commit a Crime: The Dutch Approach to Inchoate Offences” 2008 4(3) Utrecht Law Review 57, p. 70.
56. Ibid.
57. Ibid.
58. Financial Action Task Force, above n 27, para. 280.
59. Ibid., para. 218.
60. Financial Action Task Force, Third Mutual Evaluation Report on Anti-Money Laundering and Combating the Financing of Terrorism; Spain (Paris, 2006), paras. 113–124.
61. Yara Esquivel Soto, “An Autonomous Offence for the Financing of Terrorism: Notes from an Ibero-American Perspective” in Mark Pieth, Daniel Thelesklaf, and Radha Ivory (eds) Countering Terrorist Financing : The Practitioner’s Point of View (Peter Lang, Bern, 2009), p. 198.
62. Ibid.
63. Financial Action Task Force, International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation (February 2012), General Glossary, p. 122.
64. UNGA, above n 11, Annex IV, para. 84.
65. Lehto, above n 35, p. 274.
66. Aust, above n 24, p. 288.
67. The Terrorist Financing Convention, preamble.
68. Lehto, above n 35, p. 264
69. Soto, above n 61, p. 200.
70. Koh, above n 37, p. 66.
71. Aust, above n 24, p. 288.
72. Compare Article 101.2 with Article 102.6 of the Criminal Code Act 1995 (Australia).
73. Guy Stessens, Money Laundering: A New International Law Enforcement Model (Cambridge University Press, Cambridge, 2000), p. 85.
74. Michael Levi, “Taking the Profit Out of Crime: The UK Experience” 1997 5(3) European Journal