Bankrupting terrorism: the role of US anti-terrorism litigation in the prevention of terrorism and other hybrid threats: a legal assessment and outlook

Global terrorist networks are dependent on receiving financial support from a variety of sources, including individuals, charities and corporations. Also known as terrorist financing, the potential of terrorism finance to resemble a global threat has been recognised and also its closeness to other international crimes such as money laundering and organized crime. As a result, possible responses have to constitute co-ordinated, multi-lateral and multi faceted actions under the umbrella of a wide range of international stakeholders such as the United Nations Security Council and the Financial Action Task Force. Combating terrorism requires a ‘holistic’ approach which allows for a mix of possible responses. Besides “kinetic” security operations (such as targeted killings) and the adoption of criminal prosecution measures another possible response could be the use of US styled transnational civil litigation by victims of terrorism against both, terrorist groups and their sponsors. Corporations, both profit and non profit, such as banks and other legal entities, as well as individuals, are often complicit in international terrorism in a role of aiders and abettors by providing financial assistance to the perpetrators (cf. UN Al-Qaida Sanctions List: The List established and maintained by the 1267 Committee with respect to individuals, groups, undertakings and other entities associated with Al-Qaida). Such collusion in acts of terrorism gains additional importance against the background of so called “Hybrid Threats”, NATO’s new concept of identifying and countering new threats arising from multi-level threat scenarios. This article discusses the potential impact of US terrorism lawsuits for the global fight against terrorism

Human Dignity as a Protected Interest in Criminal Law

This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively.Human dignity can be a protected interest in criminal law. This paper starts with some reflections about the meaning of human dignity and then examines offense descriptions in the German Penal Code and the Israeli Penal Code. These codes are used as sources for identifying possibly relevant prohibitions. One can indeed find numerous examples of offense descriptions that can be justified by pointing to human dignity, either as a main protected interest or as a protected interest in addition to other interests. The protected interest can be either the individual victim's right to human dignity or human dignity as an objective value. Offense descriptions that can be connected to “protection of human dignity” should, for analytical purposes, be divided into three groups: violations of the dignity of individual human beings through acts other than speech; violations of the human dignity of individuals through speech; and media content that does not contain statements about individuals but shows scenes of severe humiliation (e.g., fictional child pornography). Questions that need further discussion primarily concern the second group (what role should free speech play in cases of human dignity violations?) and the third group (does the acknowledgement of human dignity as an objective value mean to endorse a re-moralization of the criminal law?).Peer Reviewe

Human Dignity and the Principle of Culpability

The paper describes the origins and implications of the principle of culpability in Germany and Israel. The comparison shows that the principle of culpability is more closely related to human dignity in German law and that it carries more weight there than in Israeli law. However, the adoption of the Basic Law: Human Dignity and Liberty and the new General Part of the Israeli Criminal Code in the 1990's have increased the role and impact of the principle of culpability in Israeli law

Corporate involvement in international crimes : an analysis of the hypothetical extension of the international criminal court's mandate to include legal persons

This chapter provides the reader with a substantiated assessment of the possibilities for and implications of a hypothetical extension of the International Criminal Court’s jurisdiction to include legal persons. Currently, article 25 of the Rome Statute limits the Court’s competence to natural persons. In the following pages, an analysis of the desirability and feasibility of the concept is made. Consequently, this chapter focusses on offering a solution for one of the major obstacles preventing an extension of article 25 to include legal persons, namely the identification of a model which provides adequate propriety for attributing mens rea to corporations on an international level

Wiedererlangung der Tragfaehigkeit von Holzdecken in Altbauten Endbericht

TIB Hannover: RN 5905(1871) / FIZ - Fachinformationszzentrum Karlsruhe / TIB - Technische InformationsbibliothekSIGLEDEGerman