title: Suppression of terrorist financing: over-criminalization through international law

authors: Tofangsaz, Hamed

subjects: Terrorist Financing

abstract: In the last few decades, there has been a considerable effort, mainly from Western liberal States, to create and develop an internationally harmonized counter-terrorist financing regime through international treaties, soft laws and Security Council resolutions, and to diffuse this regime into domestic laws. Aimed at preventing terrorism, this regime has introduced two types of measures: financial measures which involve financial institutions in the fight against terrorism, and penal measures which rely on criminalization, freezing and confiscation tools. This thesis examines the penal measures, the notions on which these measures are based, their scope and structure, the human-rights implications arising from their implementation and their consistency with the principles of criminal law. The main idea behind the adoption of these penal measures is to prevent any terrorist activities at early stage and before they are actualized. So, the measures have been designed to target any financing activities that contribute to, or facilitate, the preparation or commission of any terrorist act, or the activities of those involved in terrorist activities even when there is a tenuous or no link between the financing acts and an actual terrorist act. But there are two challenges that this regime faces: defining what is terrorism, terrorist acts or terrorist groups, the financing of which should be tackled, and whether and how far criminal law should be justifiably expanded to criminalize financing of terrorism or confiscate terrorist funds when there is no connection between acts of financing or funds and actual terrorist acts. This thesis illustrates how the lack of consensus on the definition, scope and elements of terrorism (terrorist acts, terrorist groups) has resulted in the adoption of different definitions of terrorism in contradiction with the principle of legality. This also raises doubts as to the effectiveness of the regime in terms of the enforcement of a harmonized counter-terrorist financing measures (although their effectiveness is not discussed here). The thesis argues that the expansion of the reach of criminal law to suppress activities which are not clearly and reasonably closely connected to the commission or preparation of terrorist activities is vague and unjustifiable in terms of the rule of law (especially values of legal certainty) and principles of the criminal law of Anglo-American States which have played a significant role in adoption and development of the regime. The implementation of these measures is in gross violation of some of the basic human rights and values that these States have been promoting.

text: Suppression of terrorist financing: over-criminalization through international law In the last few decades, there has been a considerable effort, mainly from Western liberal States, to create and develop an internationally harmonized counter-terrorist financing regime through international treaties, soft laws and Security Council resolutions, and to diffuse this regime into domestic laws. Aimed at preventing terrorism, this regime has introduced two types of measures: financial measures which involve financial institutions in the fight against terrorism, and penal measures which rely on criminalization, freezing and confiscation tools. This thesis examines the penal measures, the notions on which these measures are based, their scope and structure, the human-rights implications arising from their implementation and their consistency with the principles of criminal law. The main idea behind the adoption of these penal measures is to prevent any terrorist activities at early stage and before they are actualized. So, the measures have been designed to target any financing activities that contribute to, or facilitate, the preparation or commission of any terrorist act, or the activities of those involved in terrorist activities even when there is a tenuous or no link between the financing acts and an actual terrorist act. But there are two challenges that this regime faces: defining what is terrorism, terrorist acts or terrorist groups, the financing of which should be tackled, and whether and how far criminal law should be justifiably expanded to criminalize financing of terrorism or confiscate terrorist funds when there is no connection between acts of financing or funds and actual terrorist acts. This thesis illustrates how the lack of consensus on the definition, scope and elements of terrorism (terrorist acts, terrorist groups) has resulted in the adoption of different definitions of terrorism in contradiction with the principle of legality. This also raises doubts as to the effectiveness of the regime in terms of the enforcement of a harmonized counter-terrorist financing measures (although their effectiveness is not discussed here). The thesis argues that the expansion of the reach of criminal law to suppress activities which are not clearly and reasonably closely connected to the commission or preparation of terrorist activities is vague and unjustifiable in terms of the rule of law (especially values of legal certainty) and principles of the criminal law of Anglo-American States which have played a significant role in adoption and development of the regime. The implementation of these measures is in gross violation of some of the basic human rights and values that these States have been promoting.

year: 2018

title: The inherent liminality of lesbian detectives: Shifting spaces and lesbian crime fiction 1984-2022

authors: Antoniolli, Claudia

subjects: Crime fiction

abstract: This thesis studies lesbian detective fiction and specifically considers this genre in its early decades (1980s-1990s) from the United States, United Kingdom, Australia, and New Zealand. This thesis postulates that out of a sample pool of a hundred novels, there are recurring patterns of behaviours and attitudes among the protagonists of this genre within certain physical and metaphorical spaces. These patterns demonstrate a destabilised identity, as the lesbian sleuth never ceases to explore and test the boundaries of her authority as an enforcer of law and order and of her suppressed spatiality as a member of a sexual minority. This causes her to live in a perpetual state of Insider/Outsider liminality and it causes queer trauma to be a fundamental aspect of her character. This thesis considers this concept as the result of long-standing, systemic homophobia and heterosexist normativity, and utilises the notion of queer trauma to interpret the way the lesbian sleuth is inescapably stuck between a sense of duty and justice and a yearning for belonging and self-affirmation. The interpretive process is supported by an extensive and in-depth theoretical research into the fields of history, culture, geography, feminist criticism, gender, and sexuality studies for the selected subject matter. The spaces selected and analysed in this thesis are the queer closet, the medical establishment, domestic settings, and the gay bar. These spaces have been chosen for the significant, emblematic ways in which the lesbian detectives interact with them and have been analysed in order of their importance for the protagonists’ characterisation. The introduction includes introductory statements and the theoretical framework, the first chapter overviews major detectives in the history of crime literature from a spatial perspective; the second chapter discusses the queer closet; the third chapter considers the space of the clinic and the topics of queer trauma and of the pathologisation of homosexuality; the fourth chapter analyses the domestic settings of the protagonists; the fifth chapter examines the context of the gay bar and its history; finally, the conclusion offers closing statements about the focus and originality of this thesis. The originality of this thesis lies in its focus on spaces and on the relationship between the protagonist and society, law and order, and Self and Other. This thesis contributes to the knowledge of queer literature by specifically considering the unescapable liminality of the lesbian/Outsider detective/Insider.

text: The inherent liminality of lesbian detectives: Shifting spaces and lesbian crime fiction 1984-2022 This thesis studies lesbian detective fiction and specifically considers this genre in its early decades (1980s-1990s) from the United States, United Kingdom, Australia, and New Zealand. This thesis postulates that out of a sample pool of a hundred novels, there are recurring patterns of behaviours and attitudes among the protagonists of this genre within certain physical and metaphorical spaces. These patterns demonstrate a destabilised identity, as the lesbian sleuth never ceases to explore and test the boundaries of her authority as an enforcer of law and order and of her suppressed spatiality as a member of a sexual minority. This causes her to live in a perpetual state of Insider/Outsider liminality and it causes queer trauma to be a fundamental aspect of her character. This thesis considers this concept as the result of long-standing, systemic homophobia and heterosexist normativity, and utilises the notion of queer trauma to interpret the way the lesbian sleuth is inescapably stuck between a sense of duty and justice and a yearning for belonging and self-affirmation. The interpretive process is supported by an extensive and in-depth theoretical research into the fields of history, culture, geography, feminist criticism, gender, and sexuality studies for the selected subject matter. The spaces selected and analysed in this thesis are the queer closet, the medical establishment, domestic settings, and the gay bar. These spaces have been chosen for the significant, emblematic ways in which the lesbian detectives interact with them and have been analysed in order of their importance for the protagonists’ characterisation. The introduction includes introductory statements and the theoretical framework, the first chapter overviews major detectives in the history of crime literature from a spatial perspective; the second chapter discusses the queer closet; the third chapter considers the space of the clinic and the topics of queer trauma and of the pathologisation of homosexuality; the fourth chapter analyses the domestic settings of the protagonists; the fifth chapter examines the context of the gay bar and its history; finally, the conclusion offers closing statements about the focus and originality of this thesis. The originality of this thesis lies in its focus on spaces and on the relationship between the protagonist and society, law and order, and Self and Other. This thesis contributes to the knowledge of queer literature by specifically considering the unescapable liminality of the lesbian/Outsider detective/Insider.

year: 2023

title: Speaking the unspoken: Maori experiences of racism in New Zealand sport

authors: Hippolite, Holly Raima

subjects: Maori

abstract: This research explores how being Maori influences Maori participants’ sport experiences and offers a critical Maori perspective on New Zealand sport. Ten experienced Maori sport participants were interviewed using Kaupapa Maori Research Methods which involved research performed by Maori, about Maori being Maori. This research grew out of discussions with Maori participants and explores their experiences as athletes, coaches, administrators and spectators, focusing on their interactions with Pakeha in Pakeha-dominated sport. Their experiences demonstrate personal, cultural and institutional racism in New Zealand sport and indicate how the power differentials in society impact on the ability of Maori to practice important cultural values in Pakeha-dominated contexts. I argue that racism is a factor affecting the relationships of Maori with Pakeha in key functionary positions in sport and identify a culture of denial that operates to marginalise discussions about racism generally. These participants’ experiences reflect cultural incapacity and blindness (Cross, Bazron, Dennis & Isaacs, 1989) by the dominant culture which have negative effects on the Maori participants including decisions to opt out of sport, feelings of hurt and frustration, a reduction in their commitment to national identity and a general sense that they are not considered as equals. The conclusion considers what is needed for New Zealand sport to become fully culturally inclusive; a situation desired by the participants and which has the potential to benefit everyone in sport.

text: Speaking the unspoken: Maori experiences of racism in New Zealand sport This research explores how being Maori influences Maori participants’ sport experiences and offers a critical Maori perspective on New Zealand sport. Ten experienced Maori sport participants were interviewed using Kaupapa Maori Research Methods which involved research performed by Maori, about Maori being Maori. This research grew out of discussions with Maori participants and explores their experiences as athletes, coaches, administrators and spectators, focusing on their interactions with Pakeha in Pakeha-dominated sport. Their experiences demonstrate personal, cultural and institutional racism in New Zealand sport and indicate how the power differentials in society impact on the ability of Maori to practice important cultural values in Pakeha-dominated contexts. I argue that racism is a factor affecting the relationships of Maori with Pakeha in key functionary positions in sport and identify a culture of denial that operates to marginalise discussions about racism generally. These participants’ experiences reflect cultural incapacity and blindness (Cross, Bazron, Dennis & Isaacs, 1989) by the dominant culture which have negative effects on the Maori participants including decisions to opt out of sport, feelings of hurt and frustration, a reduction in their commitment to national identity and a general sense that they are not considered as equals. The conclusion considers what is needed for New Zealand sport to become fully culturally inclusive; a situation desired by the participants and which has the potential to benefit everyone in sport.

year: 2010