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100 Minn. L. Rev. 1377 (2015-2016)
Financial Weapons of War

handle is hein.journals/mnlr100 and id is 1417 raw text is: 











Article


Financial Weapons of War


Tom C.W. Lint

                        INTRODUCTION
     Finance  may   be  the most   powerful  weapon   of  war.' It
moves  armadas,   armies, and squadrons.  It funds troops and  ar-
tillery. It endows suicide  bombs  and  improvised  explosive  de-
vices.2 It pays for special forces and mercenaries. It underwrites
cease-fires and  purchases   surrenders.  Finance  is the weapon
that makes  all other weapons  of war possible.


    t  Associate Professor of Law, Temple University Beasley School of Law.
Many  thanks to Kenneth Anderson, Derek Bambauer, Gary Brown, Rebecca
Crootof, Onnig Dombalagian,  Jeffrey Dunoff, Charles Dunlap, Adam
Feibelman, Richard Gordon, Sean Griffith, Duncan Hollis, Eric Talbot Jensen,
Ann  Lipton, Duncan MacIntosh, Gregory Mandel, Shu-Yi Oei, David Post,
Sasha Radin, Steven Sheffrin, Peter Spiro, Harwell Wells, and conference and
workshop participants at the Murphy Institute at Tulane University, Seton
Hall University School of Law, the 2015 International Committee of the Red
Cross Workshop on Autonomous Legal Reasoning at Temple University, 2014
Ontario Securities Commission Dialogue, and the 2015 National Business Law
Scholars Conference for their invaluable comments, exchanges, and insights.
Additionally, I am grateful to Thomas Helbig, Leslie Minora, and George
Tsoflias for their extraordinary research assistance. Copyright @ 2016 by Tom
C.W. Lin.
    1. See, e.g., IAN BREMMER & CLIFF KUPcHAN, TOP RISKS 2015 8-9 (2015)
(discussing the weaponization of finance); NICK RIDLEY, TERRORIST FINANC-
ING: THE FAILURE OF COUNTER MEASURES 1 (2012) (asserting that money is
an essential component of terrorist organizations); JUAN C. ZARATE, TREAS-
URY'S WAR: THE UNLEASHING OF A NEW ERA OF FINANCIAL WARFARE 1 (2013)
([Mioney is what fuels the operations of the world's rogues.); Shima
Baradaran et al., Funding Terror, 162 U. PA. L. REV. 477, 480-82 (2014) (de-
scribing the sums of financing needed by terrorist organizations).
    2. See, e.g., JOHN ROTH ET AL., NAT'L COMM'N ON TERRORIST ATIACKS
UPON THE U.S., MONOGRAPH ON TERRORIST FINANCING: STAFF REPORT TO THE
COMMISSION 19-30 (2004) (describing the financing necessary for terrorist ac-
tivity, including Central Intelligence Agency estimates that al Qaeda spent
approximately $30 million annually in the lead up to the September 11th at-
tack).
    3. See, e.g., S.C. Res. 2255, 9T 6, 18, U.N. Doc. S/RES/2255 (Dec. 22, 2015)
(alluding to the importance of financing in warfare); FIN. ACTION TASK FORCE,


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