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  • Geneva Conventions Turn 60: Still Relevant for NGOs in Conflict Zones | Charity & Security Network
    mandate the delivery of humanitarian aid and recognize the role of nongovernmental organizations NGOs that provide it As modern conflict shifts from the traditional battlefield to more populated and urban settings Kellenberger emphasized the need to address growing confusion between military actors and non combatants in civilian areas He said this confusion leads to unnecessary loss of life noting The nature of armed conflict and of the causes and consequences of such conflict is continuing to evolve IHL must evolve too According to Kellenberger the blurred lines between combatants and civilians is caused by inadequate distinction between participants in hostilities from those who are protected under IHL If you are interpreting this concept too widely far too many civilians become lawful targets Kellenberger said So if you want to maximize the protection of civilians it is very important to have a very clear and narrow definition of direct participation of hostilities Responding to this problem on June 30 2009 the ICRC produced an Interpretative Guidance document that Kellenberger said provides recommendations on how IHL relating to the notion of direct participation in hostilities should be interpreted in contemporary armed conflict Speaking at a Charity and Security Network panel discussion held in July 2009 Charles Swift a prominent international conflict attorney spoke about the role of NGOs operating in conflict zones Using slides he explained how NGOs depend on the military parties involved to recognize and respect the Geneva Conventions Under the laws military actors are required to provide humanitarian aid to civilians caught in the combat areas If they were not able or unwilling the 4th Convention recognizes the ability of NGOs and for the International Committee to the Red Cross to alleviate these sufferings when the protecting powers are not Article 63 of the 4th Convention states a recognized

    Original URL path: http://www.charityandsecurity.org/news/Geneva_Conventions_Reduction_Violations (2016-02-16)
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  • Sri Lankan Government Denies Entry to Aid Groups, Raising Humanitarian Law Questions | Charity & Security Network
    Foreign and European Affairs and co founder of Médecins Sans Frontières responded to the government s refusal to allow external groups from providing relief by saying We are ready to help Diplomatic efforts to provide help for the civilians have been stymied by the government s refusal to grant visas to NGO employees and excessive barriers to the thousands of Internally Displaced People IDP forced to remain in the squalid camps The UN estimates there are 150 000 to 200 000 IDPs at the camps near Vavuniya Mannar and Jaffna The government claims that permission to exit the camps must be denied so they can determine if any LTTE members are hiding among the civilians Neistat called for the removal of the restrictive measure saying she did not believe that there is any justification for keeping people in indefinite internment in these camps On May 11 2009 UN Secretary General Ban Ki moon released a statement appealing to the government to Explore all options to bring the conflict to end without further bloodshed The UN also called on the Sri Lankan authorities to remove a ban on aid groups delivering aid outside of the refugee camps According to the Times Online the ban meant 2 5 million of British emergency aid has to be channeled into the barbed wire enclosures of the camps The Sri Lankan government refused entry to Carl Bildt the Swedish Foreign Minister who had hoped to join his British and French counterparts in the country in calling for a ceasefire and appealing to Sri Lankan officials to allow aid organizations access The Swedish ambassador was recalled from the country and Bildt called the Sri Lankan denial of entry exceedingly strange behaviour The behavior exhibited by the Sri Lankan government is also considered unusual by Neistat Despite

    Original URL path: http://www.charityandsecurity.org/news/Sri_Lankan_Denies_Entry_Groups_Humanitarian_Law_Questions (2016-02-16)
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  • 300,000 Sri Lankans Urgently Need Aid; Nonprofit Funds Seized by Government | Charity & Security Network
    region is facing a deepening crisis Aid organizations are appealing to the government for entry into the area and delivering assistance that the government is unwilling or unable to provide AI says that only 2 100 temporary shelters for 4 000 families have been provided leaving at least 20 000 families in need of protection from the elements The Wanni region is one of the last remaining strongholds of the LTTE who allegedly are using the civilians as cover from the government for their actions The population has been forced out of their homes and are living in camps in areas controlled by Tamil Tiger rebels and are restricted from moving to safer locations The abuses carried out by the rebels make our call for international monitors to be allowed to visit conflict affected areas even more pressing the AI statement said In addition to the government s failure to provide aid it has seized some 71 million rupees about 645 000 from the Tamil Rehabilitation Organization TRO The government claims that the funds were directed toward financing terrorist activities and not for humanitarian aid projects in Sri Lanka According to a TRO press release 75 of the forfeited funds were donated by the United Nations international NGOs foreign governments and the Government of Sri Lanka itself with the purpose of assisting those displaced by the 2004 tsunami and the current crisis in the Wanni region TRO is calling for the funds to be returned to the international NGOs or UN so it can be directed toward its original intentions Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background

    Original URL path: http://www.charityandsecurity.org/news/300%2C000_Sri_Lankans_Aid_Nonprofit_Funds_Seized (2016-02-16)
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  • Law Review: Transformation of International Law Post 9/11 | Charity & Security Network
    a January 2014 law review Naz K Modirzadeh argues that folk international law a law like discourse that relies on a confusing and soft admixture of IHL jus ad bellum and IHRL is being increasingly used as framework for the global war on terror Modirzadeh shows that the use of IHL and IHRL by lawyers and advocates in the past decade in the context of detainee rights international vs non international armed conflict debates participation of civilians in hostilities and targeted killings has significantly changed the disciplines This change could have fundamental impacts on the extent to which international law can meaningfully constrain authority during the tumult of armed conflict and other situations of lethal force Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8 2016 New Budget

    Original URL path: http://www.charityandsecurity.org/studies/Folk_International_Law_Modirzadeh (2016-02-16)
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  • Paper: Is the U.S. Undermining International Humanitarian Law? | Charity & Security Network
    development and the objectives of modern IHL particularly the ones designed to limit the effects of war on civilians and other non combatants He argues that the U S failure to continue to meet these humanitarian obligations over the last decade is weakening the country s legal and moral authority and argues that the U S should reaffirm its commitment to IHL to achieve its goal of peace and security Since 9 11 the United States has disparaged and disregarded international agreements it helped create crafted novel legal arguments in an effort to avoid application of laws it suddenly found inconvenient redefined terms to fit its own purposes and hid behind a curtain of secrecy whenever anyone challenged it Davis writes Are those American values the nation wants to hold up as examples to the world Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins

    Original URL path: http://www.charityandsecurity.org/studies/Undermining_IHL (2016-02-16)
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  • Report: U.S. Anti-Terror Policies Hurt Women and Girls Around the World | Charity & Security Network
    by the U S counterterrorism strategy A Decade Lost Locating Gender in U S Counter Terrorism finds that anti terrorist finance laws prevent critical resources from reaching women and LGBT organizations development assistance aimed at reducing violent extremism is often exclusively directed toward men and the securitization of the government s relationship with Muslim communities can make women in those communities unsafe Among its recommendations the report calls for the U S to reform its anti terrorist financing rules to make it easier for aid and development groups especially those that focus on the needs of women and girls to provide humanitarian aid without fears that they will placed on terrorist watchlists or have their charitable funds frozen Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8 2016

    Original URL path: http://www.charityandsecurity.org/studies/Counterterrorism_Policies_Hurt_Women_Girls (2016-02-16)
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  • ICNL Database of Legal Resources for Nonprofits | Charity & Security Network
    synthesizes developments in legal and regulatory issues that affect NGOs Other key resources are divided into 12 thematic topics The Defending Civil Society theme focus on combating laws that restrict civic space and philanthropy around the world This category includes the reports like Legal Framework for global Philanthropy Barriers and Opportunities which surveys legal barriers to cross border philanthropy and analyzes constraints such as counterterrorism measures The Foreign Funding section reviews laws and measures that protect the right of NGOs to receive funding from abroad Freedom of Assembly includes publications reports and court cases on the freedom of assembly The UN Special Rapporteur section tracks special rapporteur on the freedom of peaceful assembly and association Maina Kiai s work to defend the freedoms of peaceful assembly and association The Counter Terrorism compilation synthesizes counter terrorism measures affecting civil society since 2001 including Counter Terrorism Policy Laundering and the FATF Legalising Surveillance Regulating Civil Society a report which examines how FATF s recommendation on NPOs has been used to legitimize a global clampdown on civil society It draws on studies by ICNL and others and includes an appendix containing compliance ratings of 159 countries The Aid Effectiveness section focuses on the enabling environment for civil society and the aid effectiveness debate The Post 2015 Development Agenda portal summarizes the framework to succeed the UN Millennium Development Goals The Digital Freedom category analyzes freedom of association and human rights on the Internet and digital media The Regional and Global Overviews portal reviews NGO Law in Asia Africa Europe the Middle East Latin America and South Pacific The Assessment and Monitoring Tools portal includes tools for assessing and monitoring the legal enabling environment for civil society The Volunteerism section review laws that have been enacted since the International Year of Volunteers in 2001

    Original URL path: http://www.charityandsecurity.org/studies/ICNL_Database_Nonprofit_Legal_Resources (2016-02-16)
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  • Report: U.S. Should Embrace Responsibility to Protect (R2P) | Charity & Security Network
    is to begin to help move us away from a policy of indifference and waiting for the worst and more aggressively adopt policies that prevent atrocities before they begin R2P consists of three main pillars Nations bear the primary responsibility to protect their populations from genocide war crimes ethnic cleansing and crimes against humanity The international community has a responsibility to assist and encourage the state in fulfilling its protection obligations and If a state fails to protect its populations or is in fact the perpetrator of these crimes the international community has a responsibility to take appropriate diplomatic and humanitarian action to help protect populations from these crimes The international community must also be prepared to take collective action in a timely and decisive manner in accordance with the UN Charter The report recommends several steps to bolster R2P including holding high level meetings between officials from the U S and non governmental organizations NGOs to assess dangers share information and explore options related to the ongoing and future implementation of R2P institutionalizing mechanisms to prevent or reduce atrocities and adapting modern technologies to advance R2P objectives Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access

    Original URL path: http://www.charityandsecurity.org/studies/report-US-Embrace-R2P (2016-02-16)
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