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Essay / Analysis of the European fight against the financing of terrorism
Case studiesAs mentioned in the introduction, the “SWIFT affair” and the third EU AML/CFT Directive have been selected as case studies in this thesis. The use of case studies is very suitable for the type of research carried out in this thesis for three reasons. First, case studies are a preferred method when the research focuses on a contemporary topic in a real-world context (Yin, 2009, p. 2). This is precisely the case when we study the practices created in the name of the European fight against the financing of terrorism. When the Data Wars project, led by the University of Durham and the University of Amsterdam and of which this thesis is a part, started in 2008, little academic information was available on this struggle and even less on the daily practices implemented. implemented. Focusing on these two specific case studies brought together and opened up a lot of detailed information. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Second, case studies are useful for investigating social processes (Swanborn, 1994, p. 316). By focusing on a specific case, it becomes possible to analyze the interaction at the micro level. This may include, for example, the creation and reproduction of meaning, the emergence of disagreements, the different stages of the decision-making process or the mapping of the different perspectives and motivations of the participants. The analysis of the ongoing social processes in these two case studies was crucial for studying the exercise of power in the name of the European fight against terrorism. Third, a case study allows for in-depth investigation of a complex issue (Swanborn, 1996, p. 38). Unlike a causal model that measures specific predefined variables among a large set of respondents at the time of the survey, a case study considers a range of significant characteristics or causes of a specific case over a certain period of time. In other words, case studies can provide a holistic approach (Swanborn, 1996, p. 26, Yin, 2009, p. 4). This holistic aspect of the case study also explains why case studies have been used very frequently in governmentality studies. The selection of case studies should address the fundamental concepts of the research question (Klotz, 2009). The SWIFT affair and the Third Directive were chosen as case studies because they represent the main ways in which the war on terrorist financing has taken shape in Europe. These are two examples of the use of personal financial data for security purposes and, more particularly, the fight against terrorism in Europe. Both are also part of a wider shift towards commercial databases for security purposes and fit into a range of examples such as PNR records and electronic borders studied by the UK's research team. Data Wars project, or the use of telecommunications and Internet data. , and even buy information. Yet the two case studies also have important differences. First of all, the Third Directive is a legal framework relating to the reporting of suspicious transactions which has never generated much societal or political controversy. This is a rather specific and detailed instrument that obliges specific entities, mainly in the banking and financial sectors, to comply with certain counter-terrorism requirements. Due to its apparently uncontested nature and the fact that the directive concernsprimarily the internal organization of a specific group of companies, it has remained largely invisible. The SWIFT case, on the other hand, was highly visible and controversial because it involved the transfer and monitoring of international wire transfers, which were initially illegal under European law. In this case, the American and European political scenes play an important role. The difference between the two cases is important to allow a more complete understanding of the practices at work throughout the European fight against the financing of terrorism. The following section discusses the qualitative research tools adopted to investigate the two cases. Documentary Research and Textual AnalysisIn addition to the study of academic literature, this thesis draws on extensive documentary research. This includes the analysis of official reports from public and private authorities, press releases, political declarations, laws, policy documents, (transcripts) of parliamentary hearings and debates, international press articles, Internet blogs and journalistic books. These sources have been very valuable in examining how the European fight against terrorist financing has been defined and represented. Documentary research makes it possible to reconstruct events, retrace decision-making processes and examine the range of arguments and opinions of the actors who govern the European fight against the financing of terrorism. Furthermore, documentary research helps to shed light on government techniques. For example, legislation prescribes the actions required of banks and financial service providers, and bank annual reports often mention the actions taken by the bank to comply with the law. Journalistic work, on the other hand, was crucial in reconstructing the practices developed within the framework of the Terrorism Finance Tracking Program (TFTP). In Chapter 4, the documents were used more systematically for textual analysis to investigate how actors in the field governing terrorism financing supported or challenged the TFTP. This section discusses the potential pitfalls of literature research and the methodology adopted for textual analysis. Although (official) documents appear to constitute stable and objective evidence, they are in fact socially produced for a certain purpose based on certain ideas, theories or principles (Atkinson & Coffey, 2004, Bryman, 2008, Gilbert 2008). For this reason, it is important to think about the interpretation and meaning of documents. Scott (1990) distinguishes four criteria for evaluating the quality of documents. First, the authenticity of the documents must be established. Since most of the documents used in this thesis are of very recent date and available in libraries or on the official sites of public and private authorities or the media studied, it is unlikely that they are falsified or wrongly copied. In this sense, authenticity is not a concern. Authenticity can also be a concern when the authorship of articles is unclear (Bryman, 2008, p. 525). However, in the context of this thesis, this does not pose a problem. Second, the credibility of the texts deserves to be examined. For example, one might wonder whether quotes from anonymous sources in books or journalistic articles are reliable. But official statements made by politicians and government officials can also be biased and contrast sharply with, for example, current legal provisions. The credibility of the text can be assessed by thinking about the following questions: Who hasproduces the document? Does the author have an interest in distorting the truth? And why, when and in what context was the text written? (Gilbert, 2008, p. 294). While it is undoubtedly important to know whether statements or documents can be attributed with certainty to a person or organization, it must be emphasized that the objective of this thesis is not to establish the credibility of texts sense of their representativeness. the truth. In fact, it is through the confrontation of differences in the presentation and interpretation of arguments and facts that the rationalities underlying the European fight against terrorism become visible and can be understood. A third criterion is the representativeness of the document or all of the documents. . This question was particularly important in relation to the textual analysis discussed below. In general, it can be said that with the help of Internet search engines and public databases, a wide range of documents published by public and private actors were consulted on each of the case studies. However, it should be noted that only official and publicly accessible documents were consulted. Internal or confidential correspondence, minutes and memos are beyond the scope of this research. Finally, Scott (1990) states that the meaning of the document must be established. In this regard, a distinction can be made between literal meaning and interpretive understanding. According to him, “in its simplest form, interpretation requires an understanding of the particular definitions and recording practices adopted as well as the genre and stylization employed in the text” (p. 30). The hermeneutic process of interpretation goes further because it also involves "an interpretive understanding of individual concepts, an appreciation of the social and cultural context through which the various concepts are related in a particular discourse and a judgment about the meaning and significance of the text as such. a whole” (Scott, 1990, p. 31). Therefore, in order to interpret the meaning of the text, it is important to investigate the situation and intentions of the author as well as the societal context in which the text was written. This type of interpretive research can be conducted through textual analysis. Chapter 4 provides a textual analysis of the debates surrounding the SWIFT affair in the United States and the EU, respectively. There are various approaches to textual analysis, ranging from semiotics to more quantitative forms of contextual analysis. In Chapter 4, the approach followed by Huysmans and Buonfino (2008) was adopted. In their article, they studied how and in which cases British politicians represent or contest the links between terrorism and immigration. For their analysis, they selected all parliamentary debates on terrorism that took place in the House of Commons and the House of Lords over a certain period. The dates they chose include the debates following 9/11 and the Madrid attacks. They also included some key debates held in 2005, including those after the London attacks, to check whether any significant changes had taken place. First, Huysmans and Buonfino searched for written transcripts of parliamentary debates in Hansard, the verbatim records of debates in the British Parliament, using the keyword “terrorism.” Then, they refined their search using words related to immigration. Then, the debates containing the two themes were read for their meaning, structure, and connection to other themes. As such, they analyzed how certain dangers were politicized and how insecurity was framed.