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The practice of civil in rem forfeiture has roots in ancient codes and commandments. It is found in the common law doctrine of deodand and in the laws of the nomadic…
The practice of civil in rem forfeiture has roots in ancient codes and commandments. It is found in the common law doctrine of deodand and in the laws of the nomadic agricultural Israelites. In the second section of the Torah or Book of the Law known as the Book of Exodus there are three groups of laws: (1) the Ten Commandments or Decalogue; (2) Ritual Decalogue; and (3) the Book of the Covenant or the Covenant Code. The Covenant Code is thought to be the earliest lengthy codification of primitive law among the Hebrews; it contains detailed laws for all phases of ancient Israelite life: religious, moral, commercial and humanitarian and crime and penalties. Chapter 21 includes the lex talionis or law of retaliation, a stipulated legal punishment appropriate to the injury, and the assignment of in rem.
On 9th June, 1994, Mr Hosea Bajakajian and his wife were preparing to board an Alitalia Airways flight departing Los Angeles bound for Syria (Mr Bajakajian's native land…
On 9th June, 1994, Mr Hosea Bajakajian and his wife were preparing to board an Alitalia Airways flight departing Los Angeles bound for Syria (Mr Bajakajian's native land) and Cyprus via Rome. Prior to boarding, Mr Bajakajian was stopped by US Customs officers. Mr Bajakajian had not filed a currency report with customs stating that he was leaving the USA with more than $10,000 in his possession, a perfectly lawful act, but one requiring a report. When stopped, Mr Bajakajian was asked whether he had in excess of $10,000. He replied ‘No’. The lie would have worked, but for the fact that this particular Alitalia Airways flight was targeted by customs officers who were looking for hidden currency. The trained canine assigned to the task had alerted officers to Bajakajian's luggage. In the luggage officers found $230,192. Mr Baja‐kajian was given the opportunity to declare the US currency excess, but he stuck by his denial. A search of his personal belongings, as well as his wife's revealed an additional $127,012. Further searches brought the total to $357,144.
Argues in this wideranging paper that the legitimacy of international law depends on the principle that pacts should be respected, reviewing the issues of…
Argues in this wideranging paper that the legitimacy of international law depends on the principle that pacts should be respected, reviewing the issues of self‐preservation, proportionality and human rights in relation to this. Focuses on the economic war against terrorism by the USA preeminently, as expressed in the PATRIOT Act and the International Emergency Economic Powers Act and the Anti‐Terrorism and Effective Death Penalty Act. Concludes that the Patriot Act and the Homeland Security Act give the Executive branch of government extraordinary and warlike powers: but wars have an end whereas terrorism does not. Looks at the role of the US Federal courts in the context of national security, proportionality and human rights concerns, and finds them deficient; reports specific cases concerning Iranian resistance movements and their status as regards terrorism, and the Bajkajian, Austin and Alexander cases as regards proportionality.
Begins with the Staff Report to the National Commission on Terrorist Attack on the United States, which indicates the methods used to trace, seize and freeze terrorist…
Begins with the Staff Report to the National Commission on Terrorist Attack on the United States, which indicates the methods used to trace, seize and freeze terrorist assets, and the informal methods used by al‐Qaeda to transfer money. Questions the amount of progress made since September 11 to freeze funds. Focuses on encryption technology and how it allows illegal use of the Internet in the form of cyber laundering and e‐cash, and on the move by terrorists into narcotics production and trafficking ‐ which is defined as nacre‐terrorism. Describes efforts to proscribe cyber crime, including cyber laundering and cyber terrorism, including controls on privacy and encryption. Shows how business corporations can become involved with terrorism, including a case study on tanzanite.
When the physical and psychological wall separating East from West crumbled in 1989, the West preferred and encouraged the substitution of free enterprise. The wall's…
When the physical and psychological wall separating East from West crumbled in 1989, the West preferred and encouraged the substitution of free enterprise. The wall's disappearance left a fertile playground for legitimate, as well as illegitimate, business.
Outlines the changing nature of terrorism, and details the contents of the Patriot Act as a response to United Nations Security Council Resolution 1373, including the…
Outlines the changing nature of terrorism, and details the contents of the Patriot Act as a response to United Nations Security Council Resolution 1373, including the Act’s provisions for surveillance techniques like pen register and trap and trace, amendments to the Foreign Intelligence Surveillance Act 1978, together with some protections from abuse of traditional constitutional rights. Moves on to the origins and nature of the assets funding terrorism, and then to Title III of the Act, which is specifically concerned with money laundering, and the nature of offshore banking. Finally, looks at the role of the courts, and whether judicial review will survive jurisdictional challenges in matters of national security; discusses two recent cases involving the State Department against Iranian organisations. Concludes that the Act has many flaws but is an important and probably essential tool against terrorism.
This paper aims to explore complexities of compliance with international and customary law when faced with terrorist threats. The paper's thesis asserts that terrorism…
This paper aims to explore complexities of compliance with international and customary law when faced with terrorist threats. The paper's thesis asserts that terrorism cannot be successfully repelled unless the legitimacy of international and domestic law is adhered to by states out of a sense of reciprocal obligation in accordance with the principle of pacta sunt servanda (pacts shall be respected).
This paper examines US pronouncements in order to assess strategic validity.
While the Middle East, particularly Iraq, has been the focus of the US “War on terrorism,” the paper suggests two questions: what has been the US response to terrorist threats in the Americas? Have US national security priorities post‐9/11 been unnecessarily diverted from the Americas where much needed support is promised but lacking, and instead have resources been concentrated far beyond domestic and international norms?
The paper examines the US national security priorities, concluding that they have been unproductively diverted from the Americas to the Middle East in general and Iraq in particular. The US fixation upon Middle East “regime‐change”, while neglecting to recognize the dangerous nexus and presence of organized crime and terrorist organizations in the Americas, is illustrative of how the present administration has diverted its post.
Since the end of the Second World War, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high‐tech pundits as it provides global real‐time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the development of the Internet have mounted, and in response, service providers and website operators have enabled Web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, it also facilitates criminal activities needing secrecy. One such activity is money laundering, which is now being facilitated by the emerging Internet casinos industry. These casinos can be physically located anywhere with websites available worldwide. Internet casinos were a target of legislation by the US Congress, but the legislation, the Internet Gambling Prohibition Act, failed to pass. So, at the moment, Internet casinos are a virtually unregulated mechanism for laundering illegal funds.
Is suing the international criminal the same as or different from suing the domestic criminal? The question assumes at least part of the answer. Many of the practical…
Is suing the international criminal the same as or different from suing the domestic criminal? The question assumes at least part of the answer. Many of the practical problems are readily apparent. There is the problem with obtaining legal jurisdicton over the malefactor's person and assets, the problem of finding both, and, of course, the prohibitive expense of an international litigation. Each country has its own procedural and substantive idiosyncracies, resulting in an uphill battle for any international litigant. But there are more subtle queries to be answered.