"Terörizmin Finansmanının Bir Aracı Olarak Kripto Paralar"

Abstract

The phenomenon of crypto money stands before us as a new type of asset that has emerged in parallel with the development of technology in recent years. The asset type in question covers all forms of currency that exist digitally or virtually and uses cryptography to secure transactions. It is possible to list the features of cryptocurrencies as decentralization, anonymity, protection with the blockchain system, fast transaction ability, irreversibility of the transaction, and difficulty in analyzing the code chain of the transactions among others. Since cryptocurrency is a digital asset designed to be used as a means of exchange and especially due to its features such as real-world identities being concealed and value transfer being possible through different methods, it is a tool that has various advantages and disadvantages for those who commit complex crimes such as money laundering and financing of terrorism. There are various difficulties arising from the nature of cryptocurrencies in detecting and revealing crimes in which cryptocurrencies are used, identifying the perpetrators of these crimes, and then ensuring that these perpetrators are convicted with legally obtained evidence. Issues such as decentralization, anonymity, and difficulty in cracking the code are the main reasons for these difficulties. In addition, the inadequacy of national legislation regarding the search and seizure of cryptocurrencies and the knowledge and technical deficiencies of police forces, prosecutors and judges also disrupts the investigation and prosecution processes. However, it is known that through investigations and trials carried out in states such as the United States of America, various European states and Israel, cases in which cryptocurrency was used have been revealed and trials are ongoing. In the context of all these developments, this study will focus on the problem of using cryptocurrencies as a terrorist financing tool. The use of cryptocurrencies for terrorist purposes, and especially to finance terrorist organizations, their members, or actions, is an issue that is increasingly encountered on an international scale and is being tried to be solved. In this context, the study will draw attention to the processes and methods related to the financing of terrorism, the settlement of cryptocurrencies, the acquisition, transfer, and conversion of cryptocurrencies into fiat money, and the issues related to their investigation and prosecution. In the study, the question of how ISIS, HAMAS and Al Haqiqa, organizations included in the terror lists of many countries and judicially recognized as such, use cryptocurrencies in financing terrorism will be discussed, and the current situation in Turkey, possible risks and solution suggestions will be discussed in the light of data available within the scope of research. In addition, the regulations regarding the financing of terrorism and cryptocurrencies in Turkish law will be evaluated all together and an evaluation will be made in the light of international and comparative examples.