- Terrorism Financing,
- Legal Frameworks,
- Asset Freezing,
- Judicial Review,
- Counterterrorism
Copyright (c) 2024 Samah Hadi Al-Rubaie
This work is licensed under a Creative Commons Attribution 4.0 International License.
Abstract
In response to the terrorist threat posed by ISIS, Iraq implemented legal frameworks aimed at disrupting terrorist financing, including the establishment of a committee to freeze terrorist assets as per international and national laws. This study assesses the effectiveness of these measures through qualitative analysis of legal documents and judicial reviews by the Federal Supreme Court, which found many asset freezes to be unjustified. The findings indicate a need for procedural refinement to ensure fair and effective enforcement, highlighting the challenges of balancing legal integrity with counterterrorism efforts in Iraq.
Highlights:
- Effectiveness: Examines the effectiveness of Iraq's asset freezing against terrorism, identifying practical issues.
- Judicial Oversight: Highlights the Federal Supreme Court's role in overturning unjustified asset freezes.
- Legal Refinement: Emphasizes the need to refine procedures to ensure fairness and compliance with international standards.
Keywords: Terrorism Financing, Legal Frameworks, Asset Freezing, Judicial Review, Counterterrorism
Downloads
References
- A. S. D. Al-Gheriri and M. A. H. Al-Bayati, "Procedures for Freezing the Funds of Terrorists and Terrorist Entities in the Iraqi Anti-Money Laundering and Terrorist Financing Law No. (39) of 2015," Tikrit University Journal of Law, vol. 7, no. 2, pp. 31, 2022.
- A. Abubakar, Anti-Money Laundering and Counter-Terrorism Financing: Law and Practice in Nigeria. African Books Collective, 2015.
- "Regulation No. 5 of 2016," published in Iraqi Gazette, no. 4419, Oct. 10, 2016.
- S. A. H. R. Ramadan, "International Terrorism: Its Causes and Ways to Combat It in International Law and Islamic Jurisprudence," Journal of the Faculty of Sharia and Law in Tanta, no. 31, pp. 1161, 2016.
- G. M. Ghannam, "Listing Entities on the Terrorism List and the Requirements of a Fair Claim," International Journal of Law, no. 1, College of Law, Qatar University, pp. 120, 2019.
- I. D. Norman, F. N. Binka, and B. M. Awiah, "Mapping the Laws on Anti-Money Laundering and Combating Financing Terrorism to Determine Appraisal Skills of Accountable Institutions for the Twin Challenges," Issues in Business Management and Economics, vol. 3, pp. 87-99, 2015.
- W. H. Al-Din Al-Ahmad, "International Conventions to Combat Transnational Crimes," Dar Ghaida for Publishing and Distribution, Amman, pp. 19, 2019.
- W. Hossam El-Din, "Combating Transnational Organized Crime," Library of Law and Economics, Saudi Arabia, pp. 38, 2016.
- B. M. K. A. Latif and M. M. Rashid, "Criminal Policy in the Field of Freezing the Funds of Terrorism Suspects and Its Role in Addressing Crime," Journal of Legal Sciences, College of Law, University of Baghdad, Special Issue of the Criminal Law Branch Conference, pp. 14, Nov. 22-23, 2017.
- R. M. A. B. M. Siddiq, "Conditions for Accepting the Urgent Lawsuit," Menoufia University Journal, vol. 56, no. 1, pp. 404, 2022.
- A. K. Wahish, "The International Framework for Targeted Financial Sanctions and Their Applications in Iraq," Journal of Law for Legal Studies and Research, vol. 16, no. 26, pp. 170, 2023.
- N. Mugarura, "Anti-Money Laundering Law and Policy as a Double Edged Sword," Journal of Money Laundering Control, vol. 23, no. 4, pp. 899-912, 2020.
- Y. Danziger, "Changes in Methods of Freezing Funds of Terrorist Organisations Since 9/11: A Comparative Analysis," Journal of Money Laundering Control, vol. 15, no. 2, pp. 210-236, 2012.
- "Decision No. 28 of 2020 of the Committee for the Freezing of Terrorist Funds."
- "Decision of the Committee for the Freezing of Terrorist Funds No. (36) of 2020"
- "Decisions of the Committee Anti-Money Laundering and Terrorism Financing Office published on the website on Nov. 7, 2021," available at: https://aml.iq/?page_id=2162
- "Decision of the Committee for the Freezing of Terrorist Funds No. (3) in 2021," available at: https://aml.iq/wp-content/uploads/2021/04