Fordham International Law Journal
This Essay responds to the increasing adoption by States across continents of repressive, over-reaching laws, regulations, and policies aimed at countering the financing of terrorism. It documents the immense international pressure to adopt counter-terrorism financing measures, coupled with the seeming marginalization of concurrent international human rights law obligations. The Essay first sets out the applicable legal framework and rapid normative developments in international counter-terrorism financing law. Second, the Essay provides a snapshot of existing allegations of human rights violations committed in the name of international counter-terrorism financing obligations, including judicial harassment and undue surveillance of human rights defenders and civil society organization dissolutions. The Essay concludes by proposing several viable avenues for holding States responsible for such abuses, including before international human rights mechanisms, the, International Court of justice, arbitral tribunals, and national courts.
Alyssa T. Yamamoto and Fionnuala Ní Aoláin, State Responsibility for Human Rights Violations Perpetrated in the Name of International Counter-Terrorism Financing Obligations, 46 Fordham Int'l L.J. 691 (2023).