International Judicial Cooperation to Combat Money Laundering According to the Palestinian and the UAE Legislation: A Comparative Study

Authors

Abrar Ibrahim Assi Mss., Master of Law, Faculty of Law and Public Administration, Birzeit University, PalestineFollow
Mustafa Abdelbaqi Dr, Associate Professor of Criminal Law, Faculty of Law and Public Administration, Birzeit University, PalestineFollow

Abstract

This study sheds light on the mechanisms of international judicial cooperation, and the most prominent challenges that impede international action in combating the crime of money laundering, which prevent the effective realization of combating this crime in Palestine and the United Arab Emirates as required. The study was divided into two sections, the first deals with the nature of international judicial cooperation, and the second deals with the mechanisms of international judicial cooperation and the most prominent obstacles in Palestine and the United Arab Emirates.

The study reached a number of results, the most important of which is the absence of an internal Palestinian legal organization for international judicial cooperation in criminal matters, the lack of bilateral agreements in this field between the State of Palestine and other countries, the weakness of international judicial cooperation in the field of combating money laundering in Palestine, and the absence of a specialized judiciary of money laundering crimes in Palestine. The situation is quite the opposite in the United Arab Emirates.

The most prominent recommendations of the study are the need to pass a law on judicial cooperation in criminal matters in Palestine, internationalize the procedures for prosecuting perpetrators and to try to unify them, find mechanisms to compel countries, especially countries that do not have bilateral or regional agreements or treaties, extradite criminals and accused persons in their territory, establish international criminal record for organized crimes and money laundering crimes so that the national judge can refer to this record and rely on it in his/her judgment, harmonize between internal laws and the rules of international law, balance in the application of the principle of national sovereignty, the principle of reciprocity, double criminality, and non-strictness in the application of the principle of banking secrecy. and the necessity of recognizing the legal effect of international, regional and bilateral agreements on the internal application.

Recommended Citation

Assi, Abrar Ibrahim Mss. and Abdelbaqi, Mustafa Dr (2024) "International Judicial Cooperation to Combat Money Laundering According to the Palestinian and the UAE Legislation: A Comparative Study," UAEU Law Journal: Vol. 2024: No. 98, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2024/iss98/2