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  • ISPU Policy Brief: Selective Enforcement of Material Support Laws Against Muslim Charities
    Wesleyan University Law School Associate Professor Sahar Aziz the brief notes how the combination of a preventive paradigm used to fight terrorism has combined with fear and prejudice to effectively criminalize d otherwise legitimate charitable giving peace building efforts and human rights advocacy Aziz says the prohibition on providing material support law is the linchpin of counterterrorism efforts since it is so broad and vaguely worded that they effectively criminalize activities that would otherwise be constitutionally protected Since the law has no intent requirement humanitarian aid delivered to noncombatant civilians living under the control of a terrorist organization can be illegal based on the unproven theory that it frees up resources to redirect toward violence Noting that seven out of nine U S organizations shut down for supporting terrorism since 9 11 have been Muslim charities Aziz criticizes the lack of fair procedures for such groups to know and respond to the charges against them In looking at the breadth of the material support law she notes that the Holy Land Foundation was convicted of providing material support to Hamas based on the fact that the government alleged the local charities they donated to are controlled by Hamas even though

    Original URL path: http://www.charityandsecurity.org/print/631 (2016-02-16)
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  • Congressional Research Service Issues Report on Material Support Laws
    Order 13224 4 an authority frequently invoked to designate organizations and entities The footnotes cited in the report offer a valuable roadmap of cases involving charges of material support to terrorism a subsection of which include unsuccessful constitutional challenges to the validity of 2339B While the report is primarily descriptive and offers little by way of analysis of the effects or flaws in these laws it stresses two points that the Charity and Security Network seeks to address by way of reform First it starts by highlighting the 1995 House report recognizing the fungibility of financial resources theory espoused by the U S Department of Treasury and many opponents of legal reform This theory asserts that the provision of any funds goods or services to an organization designated as terrorist even if such provisions are spent on lawful humanitarian aid or advocacy for nonviolent conflict resolution frees up the organization s resources to be directed towards terrorist activities Moreover any direct or tangential benefit obtained from such provisions legitimizes the designated organization The Charity and Security Network finds this fungibility argument highly flawed because it impedes a well intentioned charity s ability to provide humanitarian aid in conflict zones where a designated organization is operating yet the civilian population is in dire need of assistance by American nonprofits Second the report notes that violations of 2339A and 2339B may constitute acts of international terrorism As a consequence defendants convicted of 2339A or 2339B may be subject to civil liability in lawsuits brought pursuant to private civil rights of action available under 18 USC 2333 In pending cases 5 seeking civil liability the evidentiary standard for proving causation has allowed for multiple degrees of separation between the designated group accused of engaging in terrorism abroad and the domestic organization accused of

    Original URL path: http://www.charityandsecurity.org/print/423 (2016-02-16)
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  • Report: Constitution Project Calls for Reform of Material Support Laws
    terrorist organizations After reviewing the legal regime and various and sometimes inconsistent definitions of material support in federal law p 2 4 the report explains the Constitutional concerns in detail p 4 8 It then lists the following recommendations 1 Congress should amend the definition of material support to provide that pure speech may be punished only if it is intended to further illegal conduct 2 Congress should amend 8 U S C 1189 to require the responsible federal agency to provide designated organizations that have a presence in the United States with notice of the charges and evidence against them in sufficient detail to ensure that they have a meaningful opportunity to respond to the charges against them The procedures should provide appropriate protections for classified information 3 Congress should amend IEEPA to require that entities subject to designation that have a presence in the United States be afforded notice of the charges and evidence against them in sufficient detail to have a meaningful opportunity to respond to the charges against them The procedures should provide appropriate protections for classified information 4 Congress should amend IEEPA to require consistent with the Fourth Amendment that the Treasury Department must obtain judicial authorization based on probable cause that an organization with a presence in the United States has violated IEEPA before freezing such an entity s assets The statute should include an exception for cases where the government reasonably fears that the assets will be removed from the country unless the assets are immediately frozen so that there is not sufficient time to obtain a warrant Any such action should however be subject to a probable cause hearing shortly after the action is completed 5 Congress should carefully craft an amendment to expand the category of support or resources exempt from

    Original URL path: http://www.charityandsecurity.org/print/251 (2016-02-16)
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  • Book: The Strategy of Isolation in Somalia Has Failed
    Studies Somalia Creating Space for Fresh Approaches to Peacebuilding 2 calls for reforming the U S law against material support to designated groups and recommends that the international community demilitarize its policy toward Somalia in favor of civilian led diplomacy development and peacebuilding initiatives The black listing of al Shaabab prevents one of the main stakeholders to participate in the mainstream political process and discourages interest in dialogue from all sides This means that state and non state actors are self censoring themselves in fear of the consequences that engagement with a proscribed organization might generate There is a scarcity of alternative perspectives among policy makers that could encourage the design of an inclusive peace process in Somalia the book says The authors say the impact of the U S Supreme Court s decision in Holder vs Humanitarian Law Project 3 which upheld the ban on material support to designated groups even when the support is intended for humanitarian assistance or peacebuilding has been significant First it constrains the scope for peacebuilding among the direct parties in conflict Once they are isolated as a result of the criminal enforcement powerful groups are left with no other option than to resort

    Original URL path: http://www.charityandsecurity.org/print/757 (2016-02-16)
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  • Send by email | Charity & Security Network
    to audio verification Home page 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

    Original URL path: http://www.charityandsecurity.org/printmail/757 (2016-02-16)
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  • The Complexities of Engaging with Armed Groups
    best way to bring violent conflict to an end is by addressing the instability s root causes and to not exclude any major party from the peace process In Engaging with armed groups 2 Teresa Whitfield draws on experience and case studies to explain the potential benefits and challenges to mediation practitioners considering engagement with a listed terrorist group and says no one size fits all formula exists for deciding whether to engage or not Despite the primacy of terrorist lists and their related sanctions prohibiting contact to listed terrorist groups by the U S and the UN in their counterterrorism efforts Whitfield says this approach is short sighted Armed groups are characterized by their great diversity as well as the varied degree of threat which they represent to the state Such diversity accentuates the need to be wary of oversimplification or of relying too easily on general principles A better way to make decisions regarding whether and how to engage with a listed group she says should be rooted in detailed analysis of the armed group as well as the broader context within which it is active This includes correctly identifying the main stakeholders understanding the legitimate grievances and

    Original URL path: http://www.charityandsecurity.org/print/761 (2016-02-16)
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  • Norwegian Refugee Council Head Calls on Congress to Pass HAFA, Remove Barriers to Aid in Syria | Charity & Security Network
    General of the Norwegian Refugee Council urged Congress to pass the Humanitarian Assistance Facilitation Act HAFA in his testimony during a hearing on Syria HAFA can help us to both safeguard against terror and save lives in Syria and in humanitarian crises elsewhere in the world Humanitarian organizations need your help to safely operate in these contested and extremely dangerous contexts without the misperception of taking sides or compromising the needs of conflict affected populations said Egeland HAFA removes barriers created by U S counterterrorism policy and allows humanitarians and peacebuilders to effectively carry out lifesaving programs 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 Language Intended to Rein In Partner Vetting System January 21 2016 Over 100 Nonprofits Ask FATF to Revise Recommendation

    Original URL path: http://www.charityandsecurity.org/node/1211 (2016-02-16)
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  • Carter Center Endorses HAFA | Charity & Security Network
    ability of professional peacebuilders and aid workers to carry out their good works in areas controlled by terrorist organizations President Carter has criticized current U S law saying it inhibits the work of human rights and conflict resolution groups and threatens the Carter Center s work and the work of many other peacemaking organizations that must interact directly with groups that have engaged in violence HAFA would have restores a balance between countering terror while also ensuring peacebuilding programs and humanitarian aid are not cut off The Carter Center joined a number of other peacebuilding humanitarian aid and development organizations calling for an end to legal barriers that restrict their ability to alleviate human suffering and reduce violence around 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 More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism

    Original URL path: http://www.charityandsecurity.org/node/1222 (2016-02-16)
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