Journal Article

إدراج الكيانات على قائمة الإرهاب و مقتضيات الدعوى العادلة

غنام، غنام محمد

2019

Overview

This research addresses one of the most important issues in the modern criminal law. Following September 11, the world was awakened by the size and the danger of Al Qaida as the most destructive terrorist organization in the world. From that time, the UN and many States introduced legislations proscribing the establishment, management, membership, recruitment, and even the promulgation of the ideas of these organizations. These legislations became even more important due to the dangerous role of the Islamic States operating in Syria and Iraq. This research studies the process of enlisting these organizations as terrorist organization in order to understand the mechanism followed to criminalize their activities. This mechanism might be judicial or administrative as perceived appropriate by the national legislator. It is thus significant to study this mechanism in light of the right to due process of law. The consequences of enlisting an organization on the list of terrorist organizations unveils the importance of the subject, most importantly, as far as the right to property is concerned. In this regard, freezing the assets of an association or a corporation is a measure that violates the right to property, especially when it is enforced ipso facto by the decision of enlisting the organization on the above-mentioned list. Accordingly, this research offers a comparative study of the different mechanisms followed by legislators around the world, as well as, the position of the Qatari legislator. Finally, the research concludes by some concluding remarks and recommendations that highlight its practical aspects.

• Publisher: جامعة قطر، كلية القانون (سابقا) / جامعة قطر، دار نشر جامعة قطر (حاليا)