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A critical assessment of international legislative measures towards combating terrorist financing over the internet with primary focus on appropriateness and effectiveness

Benstead, Georgina

A critical assessment of international legislative measures towards combating terrorist financing over the internet with primary focus on appropriateness and effectiveness Thumbnail


Authors

Georgina Benstead



Abstract

This thesis is based around the questions of appropriateness and effectiveness of international measures against terrorist financing and internet transactions after the United States declared the ‘Financial War on Terror’ in the wake of 9/11, through comparing three example countries. This thesis provides an overview of the interpretation of the 1999 UN Convention for the Suppression of the Financing of Terrorism and questions whether it is applied uniformly. The main research focus is on the success or failure of subsequent legislative frameworks to combat terrorist financing generated and channelled via the Internet. Furthermore, the thesis aims to provide some recommendations in the concluding remarks on international cooperation when tackling the financial crime of terrorist financing. Here, ‘effective’ and ‘appropriate’ are defined through the case law applied by each jurisdiction, as well as the comments and criticisms surrounding their use, including through peer reviews from other countries examining their legislative mechanisms and interpretation of the 1999 UN Convention via the Financial Action Task Force.

By using doctrinal and comparative research, the thesis aims to show that an international response to Internet governance is required, in order to both increase effective enforcement of the 1999 Convention to online transactions, as well as improve the appropriateness of current cyber laws, including data surveillance and website filtration, so that UN Member States adhere to two important principles of the Universal Declaration on Human Rights 1948: that of privacy and of freedom of expression. The thesis responds to academic and US/UK Government thought that the Internet should not be governed by the UN, by highlighting significant gaps in the current application of cyber law, as well as the steady erosion of human rights. Furthermore, it will examine the evolution of the financing of terrorism, from the large transactions seen in 9/11, to the recent spate of terrorist attacks which have cost very little to carry out. As these transactions are unlikely to alert suspicious transaction reporting requirements under the 1999 Convention, this thesis aims to provide an analysis of alternative options available to governments and whether the lack of a definition of terrorism is hampering international efforts to disrupt and deter terrorist financing raised through the internet.

Citation

Benstead, G. A critical assessment of international legislative measures towards combating terrorist financing over the internet with primary focus on appropriateness and effectiveness. (Thesis). University of the West of England. Retrieved from https://uwe-repository.worktribe.com/output/6018789

Thesis Type Thesis
Deposit Date Jun 16, 2020
Publicly Available Date Jun 24, 2020
Public URL https://uwe-repository.worktribe.com/output/6018789

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