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Ilias Bantekas

This chapter examines the various venues and methods by which terrorist financing operates, both through legitimate and illegal channels. It shows specifically that the financing of terrorism may indeed take place through channels that are wholly legitimate, such as charities and waqif. It then goes on to explain how international law has dealt with terrorist financing, particularly since the mid-1990s when the issue was high on the international agenda. The chapter traces all hard and soft law instruments with an emphasis on the Security Council’s various subsidiary organs that deal directly with measures against suspected terror financiers, as well as the backlash against listing, particularly through human rights courts and tribunals.

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Ilias Bantekas

The position of this chapter is that unlike other tangible areas, such as the seas or airspace, cyberspace, although very much a sphere of activity is not a space in the physical sense and is not, therefore, subject to the international law of boundaries. This observation is crucial for law enforcement purposes because the prosecution of cybercrimes in cyberspace does not engage the concept of jurisdiction from the perspective of territoriality, although states are, of course, free to consider cybercrime from an artificial cross-border, boundary-related or similar perspective.