Forum: Issue: Student Officer: Position: Special Conference Measures to suppress the financing of terrorism Sinan van der Hoeven Co-Chair Introduction Throughout the history of humanity we have always encountered various acts of terrorism. One can track down acts of terrorism as early as the 1 st century to the Sicarii Zealots who led to the brief destruction of Jerusalem because of the uneasy environment they caused in the area and the fact that they attacked citizens. Although many have been proposed, there is not an exact definition of terrorism. The reason behind this is because the term is politically and emotionally charged. The term terrorist is always used as a negative word so people who commit acts of crime refer to themselves as freedom fighters and rebels. The whole war against terrorism mentality is often criticized and can lead to some very heated discussions because we cannot always pinpoint who the actual terrorist is. As the special committee we will be tackling the issue of financing. Financing of terrorists is probably the best place to start in our war against terrorism and making the world a better place. Definition of Key Terms Money Laundering: To disguise the source of illegal or secret funds, usually by transmittal through a foreign bank or a complex network.
Fraud: The crime of using dishonest methods to take something valuable from another person. General Overview The idea of terrorism financing was brought to the attention of the international community after terrorist attacks in the United States of America on the 11 th of September 2001. The US government passed the USA PATRIOT Act to reduce and stop the financing of terrorism and to reduce the amount of money laundering happening in the USA and the world. After this attack passed by congress the USA found immense numbers of ways that terrorists were being funded. The illegal ways were the easiest to pin point and these methods and procedures are actually easier to prevent. Drug trafficking is by far the most common method used by terrorist groups for a couple of reasons. Due to the high illegality of drug trafficking they can make vast sums of money and because they tend to be the highest power in the area they can easily take control of the market. Credit card fraud, check fraud and extortion are also other criminal methods used. The harder part about stopping financial aid to terrorist groups is pin pointing the legitimate monetary assistance. Even though these methods also include fraud most of the time they are very hard to track. Terrorist groups tend to target charities because of the trust people have for them and also because they have access to considerable sources of funds. Legitimate businesses can also be used as a source of funds to support terrorist activities. In some cases terrorist groups have been funded from internal sources which can include family and other non-criminal sources. Major Parties Involved and Their Views Germany In 2010 Germany outlawed the Internationale Humanitare Hilfsorginasition saying it has used donations to support projects in Gaza that are related to Hamas.
United States of America The USA has always been on the frontline on the topic of combatting terrorism and financing terrorism. The USA puts forward huge investments on stopping terrorist organizations now but they have been known to be supporters of the Taliban and Al- Qaeda during the time of the Cold War. Iran Iran has been an active sponsor of Islamic terrorism. Several terrorist groups including Lebanese Hizballah, HAMAS and the Palestine Islamic Jihad have been provided funding, safe haven, training and weapons in Iran. FATF The Financial Action Task Force is an inter- governmental body established to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. Timeline of Events 1969 NORAID was founded. They are best known for raising funds for the Provisional Irish Republican Army. 9 December 1999 132 Member States sign the International Convention for the Suppression of the Financing of Terrorism 9 June 1992 Reagan/Bush administrations confirm the flow of money, agricultural credits chemicals and weapons to Iraq and
Saddam regime. 11 September 2013 United States starts funding of the Free Syrian Army. UN Involvement The United Nations has not been able to take direct action because of the whole controversy surrounding the topic. Many resolutions have been drafted and terrorist funding has been debated many times but a UN task force has not been put together. The battle against terrorism and the financing of it has been led individually by countries or by blocs. The International Convention for the Suppression of Financing has been the strongest action that the UN has taken on this matter. The article defines the crime of terrorist financing as the offense committed by "any person" who "by any means, directly or indirectly, unlawfully and willfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out" an act "intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act." This treaty entered force in 2002 and it has been ratified by 186 states. Relevant UN Documents International Convention for the Suppression of the Financing of Terrorism (9 December 1999, A/54/109) Requires parties to take steps to prevent and counteract the financing of terrorists, whether direct or indirect, through groups claiming to have
charitable, social or cultural goals or which also engage in illicit activities such as drug trafficking or gun running Commits States to hold those who finance terrorism criminally, civilly or administratively liable for such acts; and Provides for the identification, freezing and seizure of funds allocated for terrorist activities, as well as for the sharing of the forfeited funds with other States on a case-by-case basis. Bank secrecy is no longer adequate justification for refusing to cooperate. Report of the Preparatory Committee for the International Conference on Financing for Development (21 November 2001, A/56/29) Treaties and Events In 1998 the Security Council took concrete, long term measures, accusing the Taliban regime in Afghanistan of harboring Osama bin Laden and his Al-Qaeda network, and imposing a series of sanctions. International Convention for the Suppression of the Financing of Terrorism: This was a treaty signed by the UN in 1999 designed to criminalize acts of financing acts of terrorism. Evaluation of Previous Attempts to Resolve the Issue In spite of its efforts to take against terrorism through treaties and agreements, the United Nations is always held up because of political sensitivities. For example on November 21 2001 the Legal Committee of the General Assembly approved a draft resolution that stated strongly condemning all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed. This looks like a great solution on paper but the biggest problem is that member states cannot agree on what, exactly, constitutes as terrorism.
Possible Solutions The United Nations needs to focus more on pin pointing the location where terrorist funding is coming from and applying international sanctions to those places. Countries must reassure the international community that they are not waging war for their own sake and that they are fighting to make the world a better place. We have had many past situations where countries support terrorist groups inside other countries territories. The United Nations must do its duty in ensuring world peace but preventing countries from supporting terrorist groups. Terrorist groups will never be an ally of a country and supporting them will never be to any ones benefit. As we have seen in the past all they cause is even bigger problems, especially for the countries that supplies them in the first place. Notes from the Chair The war against terrorism is not a war we can win with brutal force and bombs. Although we have seen in the past that treaties have been ineffective we need to convince the whole world the true importance of the fight against terrorism. Please take in note how controversial it is to call a specific group a terrorist group. Try and look at the situation from other countries perspective as well your own countries. Bibliography "About Us - Financial Action Task Force (FATF)." About Us - Financial Action Task Force (FATF). N.p., n.d. Web. 20 Feb. 2015. Chatain, Pierre-Laurent, John Mcdowell, Cedric Mousset, and Paul Allan Schott. "Preventing Money Laundering and Terrorist Financing." (n.d.): n. pag. The World Bank. Web.
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