United Nations Conference in Doha

Exploring and Countering the Linkages between Organized Crime and Terrorism

The United Nations' Office on Drugs and Crime (UNODC) is organizing, with Qatar University College of Law, a conference in Doha over the next two days.  The conference is entitled: Exploring and Countering the Linkages between Organized Crime and Terrorism. 

Panels will explore the following topics:

• Background on the fight against organized crime and terrorism from the UN perspective and presentation of the E4J teaching modules for tertiary education.
• Literature review and educational issue paper.
• Nexus between transnational organized crime and terrorism initiative.
• Preventing terrorist activities in charitable organizations.
• Identifying linkages.
• Regional frameworks.
• Regional linkages - Africa.
• Regional linkages - Asia and Europe
• Regional linkages - Middle East
• Wrap-up with recommendations.

Terrorism Financing

The Dean of the Qatar University College of Law Provides a Perspective

On April 16, 2018, Dr. Mohammed A Al-Khulaifi, Dean of the QU College of Law, wrote an op-ed piece for the Qatar Tribune, one of the English-language papers published in Qatar.   Entitled Terror Financing: A Crime that Requires Global Responses, Dr. Al-Khulaifi argued that regulating terror financing required a two-front approach: (1) supervising charitable contributions, and (2) preventing financial crimes or other illegal economic activities.

He posed two questions: (1) What are the international standards that are designed to prevent and combat financing terrorism?, and (2) How does the State of Qatar comply with these standards?

He then outlines the international framework for combating terrorism financing, including the Convention for the Prevention and Punishment of Terrorism (1937); the Convention on Offenses and Certain Other Acts Committed on Board Aircraft (1963); the International Convention for the Suppression of Acts of Nuclear Terrorism (2005); the International Convention for the Suppression of Financing Terrorism (1999).

This last convention requires states to criminalize terrorism-related offenses in their domestic laws.

UN Security Council Resolutions 2178 and 1373 also seek to regulate terrorism financing.

The Arab world has also embraced conventions to control terrorism financing, including the Arab Convention of the Suppression of Terrorism (1998) and the Convention of the Organization of the Islamic Conference in Combating International Terrorism (1999).

The UN's Global Counter Terrorism Strategy calls for five areas of focus: (1) dissuading disaffected groups from embracing terrorism; (2) denying groups or individuals the means to commit acts of terrorism; (3) making it difficult for states to support terrorist groups; (4) developing capabilities to defeat terrorism; and (5) defending human rights.

The editorial goes on to describe Qatar's compliance with international laws and standards.  For example, Qatar:

• Is a member of the Financial Action Task Force (FATF).  I discuss the assessment of Qatar in the context of this task force here.
• Ratified the International Convention for the Suppression of Financing Terrorism (1999).
• Passed Law No. 3 of 2004 on Combating Terrorism, which the Emir updated by decree in 2017. 
• Founded the Authority for Charitable Activities to regulate the activities of charitable institutions.
• Established an Economic Crimes Combating Section at the Criminal Investigation Department of the Ministry of the Interior.
• Passed Law No. 4 of 2010 on Combating Money Laundering and Terrorist Financing.
• Issued rules in 2010 to implement Law No. 4 of 2010 through the Qatar Financial Market Authority.
• Organized the seventh conference of the International Association of Police Academies to discuss trends in combating terrorism.
• Held the 23rd and 24th plenary meetings of the Middle East and North African Financial Action Task Force (MENAFATF).
• Signed a MOU with the U.S. in July 2017 enhancing counter-terrorism and intelligence sharing.

The editorial ends by listing the nine recommendations of the FAFT:

• Implementing UN conventions and resolutions.
• Criminalizing terrorism and its financing.
• Confiscating the assets of terrorists.
• Reporting suspicious activities.
• Enhancing international cooperation.
• Monitoring money transfers.
• Scrutinizing wire transfers.
• Supervising non-profits that may serve as funnels for money intended for terrorism.
• Detecting cross-border transportation of money and negotiable instruments.

The Dean concludes by saying: "[O]ne should emphasize the importance of incorporating these nine recommendations in any governmental efforts to combat the crime of financing terrorism." 

Week 9: The CREAC Test

Heads Down 

and Do Your Own Work!

That's what I tell my College of Law Students as we shift to more independent writing in my Legal Research & Writing I course.  Through Week 8, we slowly build the scaffold for this independent work with case briefs, exercises, and sample writings.

Last year at this time, I was not so enthusiastic about the work ethic of my male students.  Almost half the class was not prepared to handle this challenging course in a second language.  Several students tried to close the gap with attempts at cheating.   

But this year, the students are far more mature (many have jobs and families) and most of them have pretty good English-language skills.  The students with very good language skills lead discussions and set the pace.  I am very proud of Hamad, Abdullaziz (both of you), Mohammed (several of you), Awad, Amer, Fahad, Hadi, Hussein, Saoud, Walid, Khalid, and Jaber (and his "Egyptain lawyer" tutor).

At the same time, each semester I get better at teaching the course, especially to our at-risk students.  This year, I provided all the CREAC Test materials in advance so they could practice over spring break.  It reduced anxiety levels, while still meeting my pedagogical goals.  I want them to feel more in control as they learn this new skill.  I also want a better first draft to grade.  I hope the momentum continues into the last six weeks of the semester.  

These young men are making this semester one of my most enjoyable at Qatar University College of Law. 

Protecting the Special Counsel's Investigation

Statement of Lawyers for Good Government

Lawyers for Good Government: Congress and the American people must prevent interference with the Special Counsel investigation

As an organization of more than 125,000 attorneys across the country, we (Lawyers for Good Government) are deeply concerned by recent reports that President Trump is considering firing Deputy Attorney General Rod Rosenstein and/or Special Counsel Robert Mueller.

If President Trump fires Rosenstein or Mueller, or takes other actions to obstruct their investigation, Congress and the American people must take immediate action to protect the rule of law and preserve our democracy.

As lawyers, we have sworn to uphold the rule of law, a key ideal on which American democracy is based. Upholding this ideal means that no one - not even the most powerful individual in our government - is above the law.

Any attempt by President Trump to interfere with or terminate the Special Counsel’s investigation would be contrary to the rule of law. It must be strongly opposed by Congress and by the American people.

If we allow the rule of law to break down, we risk becoming an autocracy (a country governed by one person with absolute power) instead of a democracy.

America was never meant to be, nor can it be allowed to become, an autocracy.

This week, we learned that President Trump considered firing Robert Mueller in December of 2017, after bank records relating to a bank Trump had used for his businesses were reportedly subpoenaed. Also this week, following a referral by Mueller, the F.B.I. searched the offices and residence of Michael Cohen, President Trump’s private attorney (who is now himself under criminal investigation).

As reported, President Trump was incensed by these actions, mischaracterizing the lawful investigation as a “witch hunt.” He has decided, in response, not to speak with Mueller or his team to further the investigation.

The President’s emotional responses, however, have no bearing on the legitimacy of the investigation. His concerns about potential harm to himself and his associates are not a legitimate reason to terminate an investigation into a suspected attack on our nation’s electoral system.

While President Trump seems to believe he is above the law, he is not.

There is no legitimate reason to fire Mueller or Rosenstein, or to interfere with the investigation.

A few so-called “legal experts” have recently claimed that the President has the right to fire Mueller and/or interfere with the investigation for any reason.

They’re wrong. When it comes to obstruction of justice, motives matter.

Under DOJ regulations, only the Attorney General (or, since the Attorney General has recused himself, the Deputy Attorney General) can fire a special counsel. Even in that case, the special counsel may only be fired for good cause - and there is no evidence of any such “good cause.”

Deputy Attorney General Rosenstein has rightly indicated that he won’t fire Mueller without good cause, leading to speculation that Trump may fire Rosenstein just to replace him with someone who would fire Mueller.

President Trump cannot be allowed to fire Rosenstein (or Mueller) solely to protect the President’s personal interests. Allowing the President to abuse his authority in this way would be an immediate threat to our democracy.

The future of our democracy is at stake. Each of us must fight to protect it.

We urge every American to:

• Demand that your members of Congress protect the Special Counsel’s office, including preserving its files and staff and ensuring it receives the full cooperation of federal government law enforcement.
• Demand that Congress create a modern-day version of the Senate Select Watergate Committee to investigate all matters involved in the Russia scandals as well as the President’s alleged abuse of power and obstruction of justice.
• Demand bipartisan hearings in the House Judiciary Committee on obstruction of justice and abuse of power.
• Peacefully assemble to support our government and the investigation. Visit this page to find an event near you.