About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 Conn. J. Int'l L. 313 (2006-2007)
Rethinking Extraterritorial Prosecution in the War on Terror: Examining the Unintentional Yet Foreseeable Consequences of Extraterritorially Criminalizing the Provision of Material Support to Terrorists and Foreign Terrorist Organizations

handle is hein.journals/conjil22 and id is 317 raw text is: RETHINKING EXTRATERRITORIAL PROSECUTION IN THE WAR ON TERROR: EXAMINING THE UNINTENTIONAL YET FORESEEABLE CONSEQUENCES OF EXTRATERRITORIALLY CRIMINALIZING THE PROVISION OF MATERIAL SUPPORT TO TERRORISTS AND FOREIGN TERRORIST ORGANIZATIONS Alexander J. Urbelis° INTRODUCTION Terrorists are an elusive bunch. The ability to track and terminate the source of terrorists' funding is central to making large strides against international terrorism. But the United States has had only limited success-terrorists have proved themselves to be thoughtful and formidable enemies, able to frustrate the most sophisticated efforts of their enemies by using the unconventional combination of ancient guerilla warfare tactics and advanced technologies to accomplish their goals.' In response to the tragic attacks of September 11, 2001, Congress passed the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or USA Patriot Act (Patriot Act), and the United States' intelligence agencies refocused and redoubled their efforts to combat terror. Some of these efforts, however, may frustrate rather than further U.S. goals. To avoid detection by global intelligence services resulting from the electronic, traceable trails of their financial transactions, terrorists often resort to a centuries- old form of unlicensed money transfer called hawallah' This not only protects the identities of the terrorists themselves but also the identities of those who fund terrorists. Before September 11, 2001, Congress criminalized the financing of terrorism within the United States with section 2339A of Title 18 (section * Associate, Steptoe & Johnson LLP, Washington, D.C., B.A., summa cum laude, State University of New York at Stony Brook, J.D., magna cum laude, Vermont Law School, 2007-08 B.C.L. candidate, New College, Oxford University. 1. TECHNICAL ANALYSIS GROUP, INSTITUTE FOR SECURITY TECHNOLOGY STUDIES AT DARTMOUTH COLLEGE, EXAMINING THE CYBER CAPABILITIES OF ISLAMIC TERRORIST GROUPS 3 (March 2004), available at http://www.ists.dartmouth.edu/TAG/cyber-capabilities-terrorist.htm (noting that terrorists are able to evade the detection of reconnaissance satellites, signals intelligence systems, and electronic and financial eavesdropping techniques of U.S. intelligence agencies by utilizing low technology means of communication and exchange, while employing technologically sophisticated methods when appropriate). 2. Id.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most