Description
Book SynopsisIn the last few decades, there has been a considerable effort, mainly from Western liberal countries, to create, develop, and diffuse into domestic laws, an internationally harmonized counter-terrorist financing regime through international treaties, recommendations and resolutions. This book aims to explore the penal (criminalization and confiscation) measures of the regime. Belonging to the category of analytical research, the book explores the nature of terrorist financing, and critically and extensively examines how it has been conceptualized and criminalized. The book argues that the application of these penal measures results in over-criminalization due to the vague conceptualization of the concept of terrorist financing, and due to its incompatibility with basic notions of criminalization and fundamental principles of the criminal law of many countries specifically Anglo-American law. Examining a number of ASEAN countries’ law on terrorist financing, the book then shows how these controversial measures have been crept into their law, resulting in the violation of human rights and democratic values which Western countries seek to promote.
Trade ReviewThe author’s thesis about over-criminalization is clearly stated and grounded in an understanding of the theoretical literature on the appropriate grounds for the application of criminal sanctions, both in national and international law. His treatment is comprehensive and the methodology is impeccable. -- Roger S. Clark, Board of Governors Professor, Rutgers Law School, Camden, New Jersey
Table of ContentsChapter 1: What is Terrorist Financing?
Chapter 2: History of Criminalization of Terrorist Financing
Chapter 3: Is Terrorist Financing a Predicate Offence of Money Laundering?
Chapter 4: Ambiguity in the Definition of Terrorism
Chapter 5: The Material Elements of the Offence
Chapter 6: The Key Role of the Subjective Element in the Construction of the New Offence
Chapter 7: The Fault Element of the Offence of Financing Terrorist Organizations
Chapter 8: The Offence of Terrorist Financing: Why Does it Go so Wrong?
Chapter 9: The History of the Development of Forfeiture Legislation
Chapter 10: The EU’s Approach towards the Confiscation of Terrorist Funds
Chapter 11: The EU’s Approach to Freezing of Assets of Designated Individuals or Organizations
Chapter 12: ASEAN’s Legal Response to Terrorism Financing
