Terrorism litigation as deterrence under international law: from protecting human rights to countering hybrid threats

Bachmann, Sascha (2011) Terrorism litigation as deterrence under international law: from protecting human rights to countering hybrid threats. Amicus Curiae (87). pp. 22-25. ISSN UNSPECIFIED

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Abstract

Global international terrorism depends on financial support by individual and corporate “sponsors” of such crimes. Consequently, a possible way to combat terrorism is to limit access to such funding. The financing of terrorism is a global phenomenon which requires a well-co-ordinated, multilateral response involving a variety of international stakeholders such as the United Nations Security Council, the Financial Action Task Force (FATF) as well as individual states. This approach has to be holistic in its nature by combining criminal law enforcement measures with the use of civil litigation by individual victims of terrorism against terrorist groups and their sponsors. The role of corporations, such as banks (cf. the US Arab Bank cases) and other entities (cf. the Boim litigation cases), as well as individuals, as aiders and abettors of international terrorism is known (cf. UN Consolidated List established and maintained by the 1267 Committee with respect to Al-Qaida et al). This short article aims to introduce the reader to the evolving notion of corporate liability for acts of aiding and abetting of human rights violations and acts of terrorism before federal courts in the USA, which may serve as an additional legal option for the individual victim of terrorism to achieve some form of justice, reparation respectively.

Item Type:Article
Additional Information:Global international terrorism depends on financial support by individual and corporate “sponsors” of such crimes. Consequently, a possible way to combat terrorism is to limit access to such funding. The financing of terrorism is a global phenomenon which requires a well-co-ordinated, multilateral response involving a variety of international stakeholders such as the United Nations Security Council, the Financial Action Task Force (FATF) as well as individual states. This approach has to be holistic in its nature by combining criminal law enforcement measures with the use of civil litigation by individual victims of terrorism against terrorist groups and their sponsors. The role of corporations, such as banks (cf. the US Arab Bank cases) and other entities (cf. the Boim litigation cases), as well as individuals, as aiders and abettors of international terrorism is known (cf. UN Consolidated List established and maintained by the 1267 Committee with respect to Al-Qaida et al). This short article aims to introduce the reader to the evolving notion of corporate liability for acts of aiding and abetting of human rights violations and acts of terrorism before federal courts in the USA, which may serve as an additional legal option for the individual victim of terrorism to achieve some form of justice, reparation respectively.
Keywords:Terrorism, counter-terrorism, war on terrorism, terrorism litigation, Hybrid Threats
Subjects:M Law > M221 Business and Commercial Law
M Law > M990 Law not elsewhere classified
M Law > M130 Public International Law
M Law > M240 Jurisprudence
Divisions:College of Social Science > Lincoln Law School
ID Code:6277
Deposited By:INVALID USER
Deposited On:27 Sep 2012 12:39
Last Modified:23 Apr 2013 12:04

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