The Legal Response to the Financing of Global Terrorism
Chapter 12: Accomplishments, Failures, and Recommendations for Enhancing the Anti-Terrorist Financing Legal Regime
Vigorous eﬀorts to track terrorist ﬁnancing must remain front and center in U.S. counterterrorism eﬀorts. 1 The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks upon the United States ‘Al Qaeda, the Taliban, and other terrorist groups continue to have access to the funds they need for active and expanded indoctrination, recruitment, maintenance, armament and operations.’2 Statement of Senator E. Charles Grassley, Hearing of the Senate Finance Committee on Anti-Terrorism Financing: Progress Made and Challenges Ahead (April 1, 2008) GENERAL ASSESSMENT If the success of the legal regime constructed post-9/11 to curtail the ﬁnancing of terrorism is measured by whether al Qaeda and the Taliban have been deprived of funding and no longer constitute a serious threat to international peace and security, the legal response has been a dismal failure. According to the 2008 Annual Threat Assessment of the Director of National Intelligence (DNI National Threat Assessment), al Qaeda and its aﬃliates from north Africa to Southeast Asia continue to pose signiﬁcant terrorist threats to the United States and the international community.3 Al Qaeda has retained a safe haven in Pakistan’s Federally Administered Tribal Areas (FATA), where a core group of senior al Qaeda leaders has been able to direct the organization’s terrorist operations around the world.4 Further, the 2008 DNI National Threat Assessment ominously warns that al Qaeda is ‘improving the last key aspect of its ability to attack the US: the identiﬁcation, training, and positioning of operatives for an...
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