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International Law and the underlying Extra-legal Factors that influence Terrorism

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The world shivers at the mention of terrorism. As a matter of fact, modern terrorism has proven to pose the most serious threat to global peace and human rights. Despite the possibilities of other elements influencing the actions made by the terrorists, media reports continued to label the attackers as fanatic Islamic terrorists and Muslim guerrillas.

As if being Muslim equates to being a terrorist, the former became synonymous with the latter. Due to the bias created by the media, there is a disregard of the extra-legal elements other than religion that affect terrorism. The understanding of terrorism is therefore amorphous and vague, creating a lacuna within the international law and instruments that are created to fight it.

In this essay, I discuss the relationship of international law with the understanding of terrorism as an international crime. The focus is not only Islam but also all religions. I aim to probe that religion is only one of the elements that influence terrorism. However, the affiliation of religion with terror is not surprising. There have been various attacks that were planned and carried out in the name of religion, but what is usually overlooked is that religion itself is not always behind the attacks, and other extra-legal factors influence the attackers and their reasons. This bias is reflected by the media, which plays a huge role in establishing what terrorism is and who is seen as a terrorist.

International community has taken several initiatives to enact multilateral instruments to eliminate terrorism with the aim of protecting basic human rights and eliminating any threat to such priority. International law targeted terrorism in two ways: the first was through enacting multilateral treaties which are open to all States to sign; and the second is the result of onerous efforts by the General Assembly to execute a series of legal recommendations to help States fight terrorism. Today, there are approximately 12 Conventions and Protocols that legislate on terrorism. For the purposes of this essay, three Conventions will be examined: the International Convention for the Suppression of Terrorist Bombings (1997),which is said to fill the  lacunae  regarding  the  investigation,  prosecution  and  extradition  of  terrorists;the International Convention for the Suppression of the Financing of Terrorism   (1999), which was claimed to be created in the hope of crippling the whole structure of terrorism;and the International Convention for the Suppression of Acts of Nuclear Terrorism (2005), which arguably targets nuclear weapons and their production to prevent abuse by terrorists.

International Convention for the Suppression of Terrorist Bombings (1997)

As a result of the improvement in technology and transport, bomb attacks are easier to plan, while explosives are conveniently accessible. This, and the increasing number of suicide bombers, has negatively affected the arduous war against terrorism, as the world struggles to control and monitor terrorists. In 2001, one of the men responsible for the Al-Khobar Towers attack on an American base in Saudi Arabia was indicted. The attack reportedly injured five hundred people, while nineteen perished. The alleged terrorist and his partners used a farm as the main area for building the bomb truck that was used in the attack. Extradition was sought by the USA, but Saudi Arabia rejected the extradition claim on the basis that the attack occurred on Saudi soil and that the terrorists were nationals.

This specific case gives rise to several extra-legal factors, such as the religious element, because the terrorists were reportedly linked to Hezbollah Al Hijaz– a Saudi Shiite opposition group that allegedly carried out several terrorist attacks and the political element, because the targeted group was foreign American military personnel and not non-army civilians, according to the findings of United States of America vs. Ahmed Mughassil(2001) case in US.

The UN, with the aim of enacting legislation that governs bomb attacks, adopted the International Convention for the Suppression of Terrorist Bombings (1997).The Convention incorporates several essential elements targeting terrorism, for example, prohibiting any individual from acquiring and detonating explosives (Articles 1 and 2);providing that any individual charged with this crime must be prosecuted [Article 7(2)];and administering the extradition of the alleged terrorists (Article 9). However, the most swelling Article in the Convention must be Article 5, which recognizes the existence of extra-legal factors, stating that acts of terrorism are not “justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature (Article 5).” Therefore, it is clear that the Convention does recognize extra-legal factors, but has yet to accept their influence on terrorism; thus, failing to address it. In other words, the Convention pushes States to ignore those extra-legal elements; it takes a ‘punish but not prevent’ approach. This means that the Convention punishes acts of terrorism but fails to identify the root causes, and therefore is inadequate in preventing any future attacks.

In the case of the bombing of the Al-Khobar Towers in Saudi Arabia, for example, it could be argued that the motivations for the attack were merely political for two reasons: the attack was carried out by individuals associated to Hezbollah–the radical opposition group, and the chosen targets were military personnel. It is true that motivations do not act as justification, but addressing the root motives helps further develop understanding of terrorism as a whole in order to prevent future atrocities. Theoretically, if the International Convention for the Suppression of Terrorist Bombings (1997) required States to investigate and control the cause, the reasons behind various types of terrorism could be uprooted. In other words, if the Convention provided for an investigation of the reasons behind the attack, both the terrorist individual and the group he or she is affiliated with would undergo scrutiny and repercussions to prevent future violations of human rights.

Furthermore, linking the extra-legal factors could help in identifying future possible targets. For example, religiously-motivated terrorists usually attack other religions, terrorists motivated by politics attack parliaments and military power, while personal vendettas and psychological issues might contribute to school shootings. Terrorist bomb attacks are planned on objectives that must be achieved: to kill as many people as possible to send a political message or to destroy symbolic objects and property. These comprehensive understanding of terrorism activities may lead States to prevent terrorist attacks far before they are taken place. Therefore, measures by the international community must be taken to incorporate binding Conventions and Articles that target the root cause of terrorist bombings.

 International Convention for the Suppression of the Financing of Terrorism (1999)

The Abu Sayyaf group – a terrorist group based in the Philippines, suffered from a major loss in numbers of armed militants affiliated to it as a result of financial difficulties. In fact, there were reportedly only two hundred armed militants connected to Abu Sayyaf. In the hope of fiscal growth, the group carried out several kidnapping operations, according to Australian National Security.

Abu Sayyaf is not the only terrorist group that sought financial aid through crime: Al Qaeda receives funds from drug trafficking and kidnapping as reported in CNN on May 04, 2011, while other groups use extortion to build their empires. However, at times, financial aid is willingly given to these terrorist groups. After the September 11 attacks on the World Trade Center, the USA received confidential information relating to a sheikh in Yemen, who planned financing Al Qaeda. The informant claimed that up to USD20 million had been raised, which was to be transferred in cargo under the name of a honey trading business in order to avoid raising suspicion, according to Michael Freeman and MoyaraRuehsen in their article entitled “Terrorism Financing Methods: An Overview” at Perspectives on Terrorism in 2013 (Vol. 7, No. 4). Therefore, the fight against terrorism should not be merely directed towards violent acts but must also target the financing and sponsoring of terrorism, which can be made through: bank transfers, fundraising through fake charitiesor donations by wealthy individuals.

Measures have been taken by the UN to combat the financial support of terrorism. For example, the Security Council adopted sanctions that froze all funds of the Taliban– a radical terrorist organization through Security Council Resolution No. 1333 of 2000.However, an important institutive action was the enactment of the International Convention for the Suppression of the Financing of Terrorism (1999). The Convention shares similar Articles to those found in theInternational Convention for the Suppression of Terrorist Bombings Convention (1997).Therefore, development on the targets of international law was limited. However, one distinct characteristic of the Convention is that it aims to destroy the core of terrorism –if finances are suspended, then executing terrorist operations will prove difficult due to the lack of sufficient funds.

Nevertheless, the Convention fails to target the reasons behind why individuals fund terrorism. There may be some psychological factors relating to the reasons why an individual might finance terrorism, for example, frustration with certain lifestyles or just the support of extremist ideologies might trigger an individual to support terrorist acts. Moreover, support of those ideologies and philosophies might be inherited or learned through biological factors, culture and socialization.

Economically, financing terrorism is not only beneficial to the terrorist group sponsored but also to the provider of the funds. For example, if Iraq is the leading State in the production of oil, then using terrorism cripples its production rate. Consequently, it helps advance the oil business other competitor States. This is because foreign investors and international firms consider the quality of peace as being more attractive.

On the other hand, the political reasons are very similar to factors that aim to ruin a State’s economy. However, politics are also influenced by various factors, such as culture, the spread of different ideologies and interest groups, and religion. Financing terrorism could be a way with which autocratic political leaders express disdain towards another State. Despite all of these extra-legal factors that influence the financing of terrorism, the Convention fails to address these issues.

International Convention for the Suppression of Acts of Nuclear Terrorism (2005)

The past two decades have witnessed a significant increase in terrorist destructiveness. The profound fear of nuclear weapons is understandable because the consequences are not only deadly but cause catastrophe on a global scale. If the Hiroshima and Nagasaki tragedies in 1945 are any indication, then another nuclear explosion will result in massive international damage. These grave violations of rights and disrespect for human life were enough to instill fear within most States; in other words, the lesson was learned.

Nuclear weapons became attractive to all types of organizations: both States and terrorist groups. For example, the Pelindaba attack in South Africa in 2007 caused public and legal uproar over the protection needed relating to nuclear materials. The attack reportedly involved two groups of men, who gained access to a control room in a corporation that stored hundreds of kilograms of highly enriched uranium. Despite the fact that the motives for the breach on the corporation’s estate are unknown yet, it was obvious that nuclear weapons have gained the attention of criminals and terrorists, and, hence, better laws and protective measures are needed.

The main international convention regulating nuclear weapons is the International Convention for the Suppression of Acts of Nuclear Terrorism (2005). Similar to the International Convention  for  the  Suppression  of  Terrorist  Bombings  (1997)  and  the  International Convention for the Suppression of the Financing of Terrorism (1999), this Convention rejects any justification for terrorism (Article 6). However, its main failure is its lack of jurisdiction over States [Article 4(4)]. In other words, it only applies to terrorist groups, individuals and organizations. This lack of application to States is illogical for two reasons: the first nuclear wars were started by States during the Second World War and not terrorist groups,and States that sponsor terrorism do not fall within the jurisdiction of the Convention (2005), and, thus, cannot be held accountable. Moreover, any terrorist group seeking a nuclear weapon requires a state source to enable it to obtain certain materials needed to build the weapon. Thus, since a connection with a state is crucial for terrorists to acquire nuclear weapons, the Convention should have jurisdiction over states and be able to hold them accountable.

In addition, nuclear-weapon States are States that have rights to develop nuclear weapons under the Treaty of Nonproliferation of Nuclear Weapons (1968). These are: China, Russia, the USA, the United Kingdom (UK) and France. The Nonproliferation of Nuclear Weapons Treaty (1968) governs the production of nuclear energy and its peaceful use and includes three pillars: criminalizing the transferring of nuclear weapons (Articles 1 and 2); binding States to peacefully use and develop nuclear energy (Article 5); and supporting nuclear disarmament (Article 6). Nevertheless, the five nuclear-weapon States have adopted different policies towards using their nuclear weapons, but have maintained that nuclear weapons will be used if deemed necessary. Nevertheless, all five States use the idea of ‘self-defence’ or ‘deterrence’ to justify owning nuclear weapons with the aim of persuading potential enemies that the risk of using nuclear weapons against those five States is higher than the gains.But what about the right of those potential adversaries to self-defence and deterring measures?

This is where the extra-legal factors are triggered – mainly political factors. The fact that only certain States are legally able to possess nuclear weapons alienates other States; specifically, if there is an already-existing conflict. These political implications give rise to intra-State rivalry, further motivating States to use terrorism as a method. Instead of granting attention to the political factors that could result in a nuclear war, the International Convention for the Suppression of Acts of Nuclear Terrorism (2005) states that offences found in this Convention are not to be “regarded…[a]s an offence inspired by political motives (Article 15)”. In other words, the Convention fails to address the political factors that increase the chances of a nuclear war because it disregards the possibility of a State helping a terrorist group, and ignores political inequality relating to owning nuclear weapons.

Conclusion

It is true that religion does have an influence on terrorism, but it is not greater than the influence of other extra-legal factors. Notwithstanding the fact that the media is the key factor behind labeling religion with terrorism, scholars have also extensively related religion to terrorism. This failure to accurately address terrorism resulted in an international lacuna – a gap that led to an increase in the number of terrorist groups.

The war on terrorism requires the adoption of both social and legal measures. Failure to act will only lead to an increase in powerful terrorist groups. The current fight against terrorism is unrealistic. In fact, measures taken rely on compliance with international law. However, compliance with law is the last concern of terrorist groups.

With regard to the legal situation, the first and foremost important change needed is an international consensus on the meaning of terrorism; the UN has yet to agree on a functional definition.

Furthermore, in order to socially combat terrorism, stereotypes of Muslims must be eradicated. This is because the alienation of Muslims in Western societies might act as a sociological factor that may motivate an individual to seek revenge through executing terrorist acts. Moreover, bias and discrimination would result in Muslims employing a defence mechanism to protect themselves. This defence mechanism might develop into hostility towards civilians, the government and political authorities. Therefore, the religious focus must shift to include several extra-legal elements in order to consider all possible motivations relating to terrorism.

Economic issues must also be targeted and resolved to lessen the attractiveness of incentives promised by terrorist groups to potential recruits. Furthermore, more research is required relating to the effects of psychological factors associated with terrorism. Social issues are very important in combating terrorism because they have a major influence over human behavior.

No matter how successful legal Conventions and Resolutions against terrorism are, they will not eradicate terrorist acts. International Conventions are useful in establishing that no crime will go unpunished, but terrorists disdain the nature of law. Therefore, respect for it is non- existent. As a result, the international community must collaborate on both legal measures and methods to analyze extra-legal factors in order to stop the formation or expansion of terrorist groups.

Mahmudul Hasan is a recent LL.M. graduate of energy and environmental law and Thomas Buergenthal Fellow at The George Washington University Law School, Washington, D.C.

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U.S.: From mass airstrikes to targeted terrorist attack

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The U.S.-led military operation “Inherent Resolve” has begun in August 2014. Its ostensible purpose was a struggle with the gaining ground ISIS at that moment. As the operation develops, Australia, France, Great Britain, Saudi Arabia, the Netherlands, Belgium and other countries joined the American airstrikes.

United forces, with purposes to show power and strengthen its influence in the region carried out more than three thousand airstrikes in the first year, resulting in thousands of victims among civilians. It is worth to note that member states of the coalition didn’t try to hide the fact that their actions caused the death of thousands of people. In 2018, British authorities justified civilian deaths by the fact that militants used them as human shields and it was impossible task to minimize losses.

According to “Airwars”, the British non-government organization, from 2014 till 2019 up to 13,190 civilians were killed in Iraq and Syria as a result of the international coalition actions.

However, despite all the “efforts” and the Pentagon’s loud statements about the fight against international terrorism, the fact of the continuously growing territory controlled by the militants testifies the opposite. In addition, since 2015, facts of provided by Washington direct support to terrorists have begun to be revealed. U.S. and its allies produced weapons were repeatedly found in the territories liberated from jihadists. So, for example in 2017 during armed clashes with government troops militants used anti-tank TOW-2 and SAMS air defense systems of the U.S. production. Also, American medicines, communication tools and even component kits for UAVs were found in positions abandoned by terrorists.

The negative reaction of the international community began to rise in this context and Washington had no choice but to change the strategy of its activity in Syria. The practice of mass airstrikes was replaced by targeted terrorist attacks against government forces by their backed militants.

For implementing of such kind of actions, U.S. retained its military presence in Homs province where their military base Al-Tanf is deployed. A huge amount of evidence U.S. servicemen training armed groups fighters is widely accessible. Moreover it’s known that 55 km zone around Al-Tanf has been inaccessible to government troops for years and Syrian army attempts to enter the area were suppressed by the U.S. airstrikes.

At the same time, IS militants have been spotted moving in this region without encumbrance and used the base as a safe zone for regrouping. Terrorists slipped in Deir ez-Zor, Palmyra, as well as Daraa and As-Suwayda from this area. In addition, the U.S. has created the Jaysh Maghawir al-Thawra group to fight government forces in the eastern section of the border between Syria and Iraq. Initially, the armed group was created to fight against government troops, but after a number of defeats they started to protect the area around the Al-Tanf.

Up to the date Washington continues to insist on Bashar al-Assad government “illegitimacy” and actively supports so-called moderate opposition. Pursuing its selfish economic and political goals, the United States counters to the international law, completely ignoring the tens of thousands victims among civilians and millions of refugees flooded Europe. Although the role of the White House and its allies in supporting terrorist groups is difficult to overestimate, the United States obviously will not consider it enough.

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FATF: A Sword of Damocles or a tool of financial discipline?

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Pakistan has been groaning under the Financial Action Task Force restrictions. There is marked contrast between Pakistan’s and India’s view of Pakistan’s current status, compliant or tardy with regard to most of the conditions. Pakistan oozes optimism that it has complied with most of the conditions.  India however is pessimistic about Pakistan’s ability to get over the bar anytime soon.

Anti-money-laundering legislation

One hurdle to meet the FATF conditionalities was to have a permanent mechanism to nab and prosecute the offenders. Pakistan’s federal cabinet has already approved a new set of rules to amend Anti-Money-Laundering (Forfeited Properties Management) Rules 2021 and the AML (Referral) Rules 2021. Thus, Pak government is now all set to set to introduce new rules on forfeiture, management and auction of properties and assets relating to Anti-Money Laundering (AML) cases and transfer of investigations and prosecution of AML cases from police, provincial anti-corruption establishments (ACEs) and other similar agencies to specialised agencies to achieve remaining benchmarks of the Financial Action Task Force (FATF).

These rules and related notifications for certain changes in existing schedule of Anti-Money Laundering Act 2010 (AMLA) would come into force immediately to be followed by appointment of administrators and special public prosecutors for implementation.

These legislative steps would help the FATF determine whether Pakistan has complied with three outstanding benchmarks, out of 27, that blocked its exit from the so-called grey list in February this year. The FATF has planned several meetings in the second week of June, ending in the FATF plenary on June 21-25.

The three outstanding action points (out of total 27) include (i) demonstrating that terrorist financing (TF) investigations and prosecutions target persons and entities acting on behalf or at the directive of the designated persons or entities; (ii) demonstrating that TF prosecutions result in effective, proportionate and dissuasive sanctions; and (iii) demonstrating effective implementation of targeted financial sanctions against all designated terrorists, particularly those acting for them or on their behalf.

Within framework of the amended rules, the Pak government would appoint dozens of administrators with the powers to confiscate, receive, manage, rent out, auction, transfer or dispose of or take all other measures to preserve the value of the properties and perishable or non-perishable assets (including those at go downs, maalkhanas or any other place) to be confiscated under the AML 2010 rules or court orders pursuant to proceedings under AMLA 2010.

The regional directors of the Anti-Narcotics Force would be designated as administrators for the ANF, customs collectors for the Federal Board of Revenue, directors of directorates of intelligence and investigation of the Inland Revenue Service for the IRS, zonal directors for FIA and additional directors of recovery, disposal and assets management cells for National Accountability Bureau.

Valuation of inventories

The AML (Forfeited Properties Management) Rules 2021 specify how the inventories would be measured, described or defined, protected and evaluated for auction and how to complete all processes thereto, including constitution of auction committees and how properties would be quantified or classified like if a property is of residential, commercial or industrial nature and what should be its market value or sale price etc.

For example, the movable case property worth more than Rs100,000 would be kept in the locker or vault in the State Bank of Pakistan, district or tehsil treasury or any nationalised bank. For withdrawal of such movable properties, the agency concerned would designate two officers of grade-17 or above and prior written permission of next supervisory officer of the agency would be required.

Each agency would establish a central asset recovery office to ensure assets recovery and management of the forfeited property and keep a designated central account with the SBP maintained by the ministry of finance where proceeds of property would be remitted by all agencies after attainment of the finality of forfeiture order by a court. All investigating and prosecuting agencies would exchange financial intelligence and information about the properties with other stakeholders for expeditious confiscation and forfeiture under the AMLA 2010.

Transfer of cases to competent authorities

The Anti-Money Laundering (Referral) Rules, 2021 are being introduced to enable transfer of the cases from one set of investigation agencies to another. If police, the ACEs or any other governmental organisations, other than investigating and prosecution agency under the AMLA, finds that an offence under the AMLA 2010 has been committed and such agency lacks jurisdiction to take cognizance of it, the head of such would refer the matter to the head of the agency concerned having jurisdiction to investigate.

Police, the ACEs or other governmental organisations would continue an inquiry or an investigation of the offence and would take necessary measures to preserve and retrieve the relevant information and evidence and case properties till formal acceptance by the investigating and prosecuting agency concerned as set out in the relevant clause of the AMLA and formal handing over and taking over of complete record.

After acceptance of the case by the competent investigating and prosecuting agency, police or ACEs etc would hand over complete record, including case files, record of proceedings and seizure memos along with relevant evidence, property and other material seized and the accused in custody, if any. Such investigating and prosecuting agencies would resume all the proceedings under the said act including to examine, re-examine persons concerned and other oral and documentary evidence and would expeditiously take steps as necessary for just finalisation of the proceedings.

Adequate number of special public prosecutors would be appointed for the Anti-Narcotics Force and Counter Terrorism Department (CTD) besides a separate panel of lawyers for customs and the Internal Revenue Service of the Federal board of Revenue. Also, law officers not below the rank of assistant director legal would be appointed for the Federal Investigating Agency and special public prosecutors for the National Accountability Bureau.

Pakistan also has to issue “National Policy Statement on Follow the Money (NPSFM)”. Through this statement and rules listed above, Pakistan’s compliance with FATF recommendations in Post Observation Period Report (POPR) would further improve with corresponding enhancement in the ratings or effectiveness of the FATF’s relevant Immediate Outcomes. Pakistan’s POPR would be reviewed by the FATF’s Asia-Pacific Joint Group (A-PJG), and based on the report of this group, the FATF would decide further course of action on Pakistan’s progress on the POPR in its plenary scheduled in June 21-25, 2021.

The NPSFM commits Pakistan to tackling money laundering and terrorist financing as a matter of priority during investigations, prosecutions, and subsequent confiscation in all money laundering, terrorism financing and high risk predicate crimes by adopting universal approach to combating money-laundering and terror-financing through generating sound and effective financial intelligence reports for the consumption of law enforcement agencies and maintaining risk-sensitive anti-money-laundering  regime to enhance cooperation and coordination amongst the such  stakeholders both domestically and internationally.

The government is also committed to protecting the financial system and the broader economy in Pakistan from criminality through a robust financial system to ensure that dirty money does not find its ways into the financial system. The government would ensure a robust beneficiary identification system, deterring financial crime as it deprives criminals of the proceeds of their crimes and removes financial support for terrorism and further ensures that targeted financial sanctions are implemented in letter and spirit.

Further, it would ensure a transparent, robust and efficient approach to investigating money laundering and terrorist financing and to the seizure, confiscation and management of criminal assets by supporting relevant agencies in cooperatively achieving this goal.

Compliance

 The Asia Pacific Group (APG) on Money Laundering has improved Pakistan’s rating on 21 of the 40 technical recommendations of the Financial Action Task Force (FATF) against money laundering and terror financing, but retained it on ‘Enhanced Follow-up’ for sufficient outstanding requirements.

The second Follow-Up Report (FUR) on Mutual Evaluation of Pakistan released by the APG — a regional affiliate of the Paris-based FATF — also downgraded the country on one criterion. The report said Pakistan was re-rated to ‘compliant’ status on five counts and on 15 others to ‘largely compliant’ and on yet another count to ‘partially compliant’.

Overall, Pakistan is now fully ‘compliant’ with seven recommendations and ‘largely compliant’ with 24 others. The country is ‘partially compliant’ with seven recommendations and ‘non-compliant’ with two out of total 40 recommendations. All in all, Pakistan is now compliant or largely compliant with 31 out of 40 FATF recommendations.

The Asia Pacific Group announced,

“Overall, Pakistan has made notable progress in addressing the technical compliance deficiencies identified in its Mutual Evaluation Report (MER) and has been re-rated on 22 recommendations,”.

It said recommendations 14, 19, 20, 21 and 27 had been re-rated to comply. These pertain to money or value transfer services, higher risk countries, reporting of suspicious transactions, tipping-off and confidentiality and powers of supervisors.

The APG said Pakistan was re-rated to largely compliant with 15 recommendations — 1, 6, 7, 8, 12, 17, 22, 23, 24, 25, 30, 31, 32, 35 and 40. These include assessing risk and adopting a risk-based approach, targeted financial sanctions relating to terror and terror financing, targeted financial sanctions related to proliferation, non-profit organisation, politically exposed persons and reliance on third parties.

Also, re-rating was done on designated non-financial business & professions (DNFBP) in terms of due diligence and other measures, transparency in beneficial ownership of legal persons and related legal arrangements, responsibilities of law enforcement and investigation authorities, cash couriers, sanctions and other forms of international cooperation.

Another re-rating to partially compliant status was done on recommendation 28 that pertained to regulation and supervision of DNFBPs. The two recommendations on which Pakistan was downgraded to ‘non-complaint’ were 37 and 38 due to insufficient progress and pertained to mutual legal assistance (MLA) with other countries and freezing and confiscation of assets and accounts.

Negative impact of rigorous compliance

The managers of financial institutions in Pakistan are implementing the FATF conditions  without understanding their purpose. They are harassing honest investors. For instance, the manager of the national Saving Centre Poonch house Rawalpindi refuses to issue an investment certificate  unless the applicant submits a host of documents. These documents include a current bank statement, source-of-income certificate besides biodata along with a passport-size photograph. They call for the documents even if the applicant submits a cheque on his 40-year-old bank account.

Deviation from objectives

The financial Action Task Force has ostensibly noble objectives. It provides a `legal’, regulatory, framework for muzzling the hydra-headed monster of money-laundering. It aims at identifying loopholes in the prevailing financial system and plugging them. But, it has deviated from its declared objectives. It has became a tool to coerce countries, accused of financing terrorism or facilitating money-laundering. The FATF is more interested in disciplining a state like Pakistan, not toeing US policies, than in checking money-laundering. The tacit message is that if Pakistan does not toe USA’s  Afghan policy, and lease out air bases for drone attacks, then it will remain on FATF grey list.  

The consequences of being in the grey list may entail economic sanctions and difficulties in obtaining loans from international donors like the International Monetary Fund, World Bank and Asian Development Bank. The trade-and-aid difficulties may retard economic progress of a country.

Favoritism towards India: India has a much larger Gross Domestic Product (US$2875 billion , 2019),  than Pakistan’s paltry US$ 264 billion (2020).Similarly India has a much larger and wealthier Diaspora than Pakistan particularly in the Middle East and the USA.

The hawala (hand to hand transactions) and other money transfer practices among Indians and Pakistanis are similar. Yet the FATF keeps Pakistan always in focus and looks the other way when it comes to India.

Pakistan is a bête noire and India a protégé at the FATF only because of stark geo-political interests. Otherwise the money laundering situation in India is no less gruesome in India than in Pakistan. India has even been a conduit of ammunition to the Islamic State study conducted by Conflict Armament Research had confirmed that seven Indian companies were involved in the supply chain of over 700 components, including fuses or detonating cords used by the so-called Islamic State to construct improvised explosive devices.

Concluding remark

Political considerations, not primary objectives, override voting behavior at the FATF.

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The Autopsy of Jihadism in the United States

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The American counter-terrorism establishment is shocked to know that its current terrorist threat, contrary to conventional wisdom, is not foreign but “a large majority of jihadist terrorists in the United States have been American citizens or legal residents”.

A terror threat assessment by NewAmerica, a think tank comprehensive, up-to-date source of online information about terrorist activity in the United States and by Americans overseas since 9/11, 20 years after 9/11 reported: “…while a range of citizenship statuses are represented, every jihadist who conducted a lethal attack inside the United States since 9/11 was a citizen or legal resident except one who was in the United States as part of the U.S.-Saudi military training partnership”.

The ultimate irony is NewAmerica quoting a terrorist to underline the seriousness of the threat: “Yet today, as Anwar al-Awlaki, the American born cleric who became a leader in Al Qaeda in the Arabian Peninsula, put it in a 2010 post, ‘Jihad is becoming as American as apple pie’.”

Since 9/11 and today, the United States faced just “one case of a jihadist foreign terrorist organization directing a deadly attack inside the United States since 9/11, or of a deadly jihadist attacker receiving training or support from groups abroad”. The report recalls: “That case is the attack at the Naval Air Station Pensacola on December 6, 2019, when Mohammed Al-Shamrani shot and killed three people. Al Qaeda in the Arabian Peninsula claimed the attack and according to the FBI, evidence from Al-Shamrani’s phone  he was in contact with an AQAP (Al Qaeda in the Arab Peninsula) militant and AQAP prior to his entry to the United States…”

In the last two decades, “jihadists” have killed 107 people inside the United States. Compare this with deaths occurring due to major crimes: 114 people were killed by far-right terrorism (consisting of anti-government, militia, white supremacist, and anti-abortion violence), 12 and nine people, respectively, killed in attacks “inspired by black separatist/nationalist ideology and ideological misogyny”. Attacks by people with Far-Left views have killed one person. It just goes to show that terrorism inside the United States is no longer the handiwork of foreign or “jihadi” ideologies, but is “homegrown”, the report points out.

The report points out a poor understanding of the terror threat and its roots by the Trump administration. A week into his presidency, Donald Trump issued an executive order banning entry of citizens of seven Muslim countries into the United States. The countries were: Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia. Th order cited “national security” as the reason, but gave no real justification.

Trump’s aides tried to find some justification for the order claiming that in the administration’s assessment the United States was and will be the prime target of terrorist organisations from these countries. The same report clarifies how wrong this assessment was: “None of the deadly attackers since 9/11 emigrated or came from a family that emigrated from one of these countries nor were any of the 9/11 attackers from the listed countries. Nine of the lethal attackers were born American citizens. One of the attackers was in the United States on a non-immigrant visa as part of the U.S.-Saudi military training partnership.”

President Trump had to swallow his pride and gradually revoke his order. In early March of 2017, he revised the order excluding Iraq from the ban list. That September, he dropped Sudan too, but added North Korea, Venezuela and Chad.

In the last two decades since 9/11, there have been 16 “lethal jihadist terrorists in the United States”. Of them, “three are African-Americans, three are from families that hailed originally from Pakistan, one was born in Virginia to Palestinian immigrant parents, one was born in Kuwait to Palestinian-Jordanian parents, one was born in New York to a family from Afghanistan, two are white converts – one born in Texas, another in Florida, two came from Russia as youth, one emigrated from Egypt and conducted his attack a decade after coming to the United States, one emigrated from Uzbekistan and one was a Saudi Air Force officer in the United States for military training”. Nobody from the banned countries, nobody foreign citizens; all were American citizens.

What is more embarrassing for the Trump administration is the report saying: “When the data is extended to include individuals who conducted attacks inside the United States that were foiled or otherwise failed to kill anyone, there are only four cases that the travel ban could have applied to. However, in at least two of those cases, the individual entered the United States as a child. In a third case the individual had a history of mental illness and assault not related to jihadist terrorism. In a fifth, non-lethal attack Adam al-Sahli, who conducted a shooting at a military base in Corpus Christi on May 21, 2020, was born in Syria but was a citizen because his father was an American citizen and thus would not have been subject to the travel ban.”

The NewAmerica assessment, in contrast to the executive order, finds concrete evidence to suggest that the terror threat is “homegrown”. It gives the example of Mohammed Reza Taheri-Azar, “a naturalised citizen from Iran”, who on March 3, 2006 drove a car into a group of students at the University of North Carolina, injuring nine people. “Taheri-Azar, though born in Iran, came to the United States at the age of two” and “his radicalization was homegrown inside the United States”. On September 17, 2016 Dahir Adan, a naturalized citizen from Somalia, injured 10 people while wielding a knife at a mall in Minnesota. He too had come to the United States as a young child.

There are more such instances: “On November 28, 2016 Abdul Razak Ali Artan, an 18-year-old legal permanent resident who came to the United States as a refugee from Somalia in 2014 — having left Somalia for Pakistan in 2007 — injured eleven people when he rammed a car into his fellow students on the campus of Ohio State University…However, it is not clear that the attack provides support for Trump’s travel ban.

In Artan’s case, he left Somalia as a pre-teen, and “if he was radicalized abroad, it most likely occurred while in Pakistan”, which is not included on the travel ban. The report says the chances of him being radicalised inside the United States are more. This is based on the fact that “in a Facebook posting prior to his attack, he cited Anwar al-Awlaki, the Yemeni-American cleric born in the United States, whose work — which draws largely upon American culture and history — has helped radicalize a wide range of extremists in the United States including those born in the United States”.

There are several other pointers to the “homegrown” theory. For one, a “large proportion of jihadists in the United States since 9/11 have been converts”. There are “jihadists” who are non-Muslims. These facts “challenge visions of counterterrorism policy that rely on immigration restrictions or focus almost entirely on second generation immigrant populations”, the report says, debunking the Trump executive order.

The NewAmerica report debunks the assumption that only “hot headed” people are attracted to jihadist extremism. It finds that “participation in jihadist terrorism has appealed to individuals ranging from young teenagers to those in their advanced years (and) many of those involved have been married and even had kids – far from the stereotype of the lone, angry youngster”.

Women have broken the glass ceiling of jihadist terrorism as “more women have been accused of jihadist terrorism crimes in recent years” inside the United States.

The expansion of the social media world has played a singular role in radicalising American youth. “Many extremists today either maintain public social media profiles displaying jihadist rhetoric or imagery or have communicated online using encrypted messaging apps. The percentage of cases involving such online activity has increased over time.” Al Qaeda terrorists became key figures in this proliferation. They “fine-tuned the message and the distribution apparatus” and “put out extremist propaganda via websites and YouTube videos”.

America’s jihadists were never an immigration problem, the biggest jihadist terror threat U.S faces today is “homegrown”.

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