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Countering Terrorist Financing

The practitioner’s point of view

Edited By Mark Pieth, Daniel Thelesklaf and Radha Ivory

Terrorists need money to commit acts of violence and sustain their operations. Measures to combat terrorism therefore aim to prevent terrorists from raising, moving and using funds or other assets. The effectiveness – and the fairness – of these measures were considered at the second ‘Giessbach’ seminar on counter-terrorist financing (CTF) organised by the Basel Institute on Governance in October 2008.
This book contains essays presented at the seminar written by practitioners and academics with extensive experience in the field of CTF. The authors offer a diversity of views on the domestic, regional and international initiatives aimed at detecting terrorist funds in the financial system, preventing terrorists from moving their money via alternative financial channels and facilitating the recovery of terrorist assets. The editors conclude with in-sights into the ongoing challenge of making CTF measures both effective and legally sustainable in the lead-up to Giessbach III in December 2009.

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JACQUES RAYROUD - The UN listing system: challenges for criminal justice authorities 181

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JACQUES RAYROUD The UN listing system: challenges for criminal justice authorities I. Introduction The United Nations’ (UN) strategy of combating terrorism by adopt- ing a system of lists and sanctions against al-Qaida, the Taliban and Usama Bin Laden has placed particular emphasis on crime prevention and the protection of victims at the expense of listed parties. These administrative sanctions proved very efficient immediately after their adoption and the publication of the lists. However, they suffer from serious flaws as they only act through provisional (temporary) meas- ures, such as asset freezes and travel bans, and are applied without regard to their consequences – for the human rights of the listed indi- vidual or the efficacy of a subsequent criminal investigation. As these temporary measures may continue indefinitely, do they not take on the colour of a criminal sentence? Admittedly, the UN Security Council (UNSC) has implemented a procedure, by which the Sanctions Committee may de-list an individ- ual after consulting the governments concerned. However, the UNSC has provided no legal remedy to the listed party in the case of a re- fusal.1 By default, one of the principal means of rectifying the unlim- ited effect of the sanctions is to systematically refer listings to an au- thority within a national criminal justice system which has the power Federal Attorney at the Office of the Attorney General (OAG) of Switzerland. The contents of this article does not commit the OAG. Many thanks to Patrick Lamon, Federal Attorney and Anne Rochat, Assistant Federal...

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