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(单词翻译:双击或拖选)
Arab Bank
Consorting1 with terrorists
A venerable Jordanian bank is found complicit in terrorist attacks
AFTER a six-week trial it took only two days for a jury to find Arab Bank guilty of knowingly providing assistance to Hamas, the Palestinian militant2 group that runs Gaza, and consequently of complicity in two dozen terrorist attacks Hamas launched between 2001 and 2004 in which Americans were hurt or killed.
The case was originally filed a decade ago and this week's verdict notwithstanding, it is far from over. Damages will be assessed in another trial. Arab Bank, which is based inJordan, has vowed3 to appeal, labelling the proceeding4 “a show trial”, in which it was prevented from providing exonerating5 evidence by other countries' laws on bank secrecy6.
The case was the first test of an anti-terrorism law passed in 1990 in response to the murder of an American tourist by Palestinian militants7 in 1985. Arab Bank faces additional claims from hundreds of others harmed during the same period but by other Palestinian groups. Similar cases have been filed in American courts against various foreign banks, including Bank of China, CréditLyonnaisand a unit of Royal Bank of Scotland (RBS).
At the nub of these cases is the question of how far a bank can reasonably be expected to go to understand its clients' activities. Arab Bank argued that it had never intended to provide any service that contributed to terrorism, and to that end had screened its clients using official lists of known terrorists. It failed only by mistake, when the spelling of names on the lists did not match its own.
The plaintiffs argued that it must, or at least should have, known better. Bank documents, for example, showed payments tied to “martyrdom operations”; the most notable misspelt name was Ahmad Yassin, the founder8 of Hamas.
Among the most important legacies9 of the case will be the standard used to determine complicity. Arab Bank argued that there must be a direct causal relationship between a service and a terrorist act—that but for the service, the act would not have occurred. But the court ruled that the assistance need only be substantial and its consequences foreseeable. There are conflicting precedents10, but on September 22nd the appeals court hearing the case involving RBS ruled that the standard for culpability11 need only be “material support to a terrorist organisation”, not whether it “aided terrorist activities.” That is a much lower bar.
1 consorting | |
v.结伴( consort的现在分词 );交往;相称;调和 | |
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2 militant | |
adj.激进的,好斗的;n.激进分子,斗士 | |
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3 vowed | |
起誓,发誓(vow的过去式与过去分词形式) | |
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4 proceeding | |
n.行动,进行,(pl.)会议录,学报 | |
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5 exonerating | |
v.使免罪,免除( exonerate的现在分词 ) | |
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6 secrecy | |
n.秘密,保密,隐蔽 | |
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7 militants | |
激进分子,好斗分子( militant的名词复数 ) | |
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8 Founder | |
n.创始者,缔造者 | |
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9 legacies | |
n.遗产( legacy的名词复数 );遗留之物;遗留问题;后遗症 | |
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10 precedents | |
引用单元; 范例( precedent的名词复数 ); 先前出现的事例; 前例; 先例 | |
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11 culpability | |
n.苛责,有罪 | |
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