Jurisdiction to investigate terrorist financing crimes

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Mohammadi Ahmad; Shamloo Bagher

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2023 | Volume:11 | Issue:21 Page(s): 7-32

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Title

Jurisdiction to investigate terrorist financing crimes

Author(s)

Mohammadi Ahmad | Shamloo Bagher | Issue Writer Certificate

Keywords

terrorist financing

terrorism

Jurisdiction

Global Jurisdiction

International Criminal Court

Abstract

whereas many cases of terrorist crimes and terrorist financing have international dimensions, the serious and effective fight against these crimes faces two challenges: on the one hand exercising jurisdiction and choosing a qualified court on the other. It is not possible to deal with these dangerous crimes without resolving the issue of contradiction of criminal jurisdiction of countries, as well as qualification of domestic or international courts to deal with these crimes. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been collected through library study. Based on this research, it seems that for the counter-terrorism campaign and it’s financing to be more effective, accepting the principle of universal jurisdiction is necessary, and it can be a way to prevent criminals escaping, although there is no prohibition on governments using other principles of jurisdiction. In addition, resolving the issue of the qualified court for investigating these crimes is possible by relying on the existing domestic and international juridical literature. This is because, in addition to being able to take advantage of the capacity of domestic courts, governments can use the capacity of the International Criminal Court or case and regional courts to prosecute offenders and to provide global justice and security through Collaboration and under special circumstances, especially when the crime of terrorism or its financing is transnational or international.

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