Financing terrorism threatens international relations. United Nations International court and EU court practice
DOI:
https://doi.org/10.26565/2310-9513-2018-7-08Keywords:
International Court of Justice, European Court of Justice, terrorism financing, human rights, balance of interests, margin of appreciationAbstract
Recently the world has been swept up by a wave of terrorist acts. Ukraine, unfortunately, is also on the list of countries that suffer from this phenomenon. The financing terrorism is the foundation that allows recruiting terrorists, providing them with money, weapons, communications and movement.
States are trying to counter the financing of terrorism. However, the measures taken may conflict with human rights. Therefore, it is important to balance the interests of the individual and society.
The article examines the practice of the EU Court, in particular the Yassin Abdullah Kadi case, in which the EU Court confirmed the priority of human rights even on such important issues as the fight against terrorism and stressed the need to provide appropriate guarantees. In the practice of the UN International Court of Action against Terrorist Financing, an important stage was the suit Ukraine v. Russia in connection with the violation of two international conventions - on combating the financing of terrorism and on the elimination of all forms of racial discrimination
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