Terrorism litigation as deterrence under international law – from protecting human rights to countering hybrid threats – Dr Sascha-Dominik Bachmann
Global international terrorism depends on financial support by individual and corporate “sponsors” of such crimes. Consequently, a possible way to combat terrorism is to limit access to such funding. The financing of terrorism is a global phenomenon which requires a well-co-ordinated, multilateral response involving a variety of international stakeholders such as the United Nations Security Council, the Financial Action Task Force (FATF) as well as individual states. This approach has to be holistic in its nature by combining criminal law enforcement measures with the use of civil litigation by individual victims of terrorism against terrorist groups and their sponsors. The role of corporations, such as banks (cf. the US Arab Bank cases) and other entities (cf. the Boim litigation cases), as well as individuals, as aiders and abettors of international terrorism is known (cf. UN Consolidated List established and maintained by the 1267 Committee with respect to Al-Qaida et al). This short article aims to introduce the reader to the evolving notion of corporate liability for acts of aiding and abetting of human rights violations and acts of terrorism before federal courts in the USA, which may serve as an additional legal option for the individual victim of terrorism to achieve some form of justice, reparation respectively.
The full article can be accessed here: Terrorism litigation as deterrence under international law
Dr Sascha-Dominik Bachmann ia a Senior Lecturer in Law and Staff Governor at the University of Portsmouth, as well as a member of the ESIL International Business and Human Rights interest group. Some of his publications include:
Civil lawsuit against Corporate and Non-state Aiders and Abettors of International Terrorism as an evolving notion under international Law in Private Law: Rights, Duties & Concepts, Kierkegaard (ed), IALTS (2010) 787-801
Civil Liability of Corporate and Non-state Aiders and Abettors of International Terrorism as an evolving notion under international Law Journal of International Commercial Law and Technology (2011), 1 – 11
Where do we stand with human rights litigation against corporations, 2 Journal of South African Law (TSAR) 2007, 292 -308