This chapter discusses the balance between enforcing Counter-Terrorism Financing (CTF) programs and protecting civil liberties and human rights. In light of escalating threats to world peace, countering and suppressing the financing of terrorism is a desideratum to delegitimising terrorism and protecting citizens and the financial system. At the heart of this are measures such as terrorist finance tracking program, data mining, immediate seizure of assets, and economic sanctions based on suspicion of terrorism that raise the question of priority between national security and human rights. The chapter critically examines the fundamental rights and freedoms implications of the current CTF measures against the three-pronged test of credible evidence, effectiveness, and proportionality. The findings suggest many CTF measures can defeat decades of human rights gains if not properly contextualised. The study concludes that CTF measures must be coordinated within a judicially-moderated framework to balance enforcing security and safeguarding fundamental rights and freedoms effectively.

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Re-evaluating Human Rights in Global Counter-Terrorism Financing: A Case for Preliminary Judicial Moderation

  • Yusuf Sulayman

摘要

This chapter discusses the balance between enforcing Counter-Terrorism Financing (CTF) programs and protecting civil liberties and human rights. In light of escalating threats to world peace, countering and suppressing the financing of terrorism is a desideratum to delegitimising terrorism and protecting citizens and the financial system. At the heart of this are measures such as terrorist finance tracking program, data mining, immediate seizure of assets, and economic sanctions based on suspicion of terrorism that raise the question of priority between national security and human rights. The chapter critically examines the fundamental rights and freedoms implications of the current CTF measures against the three-pronged test of credible evidence, effectiveness, and proportionality. The findings suggest many CTF measures can defeat decades of human rights gains if not properly contextualised. The study concludes that CTF measures must be coordinated within a judicially-moderated framework to balance enforcing security and safeguarding fundamental rights and freedoms effectively.