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  • Letter to Geithner: Fix Constitutional Deficiencies in Listing Process | Charity & Security Network
    address a long standing problem the process it uses to shut down charities and freeze their funds Two federal court cases have found the current Treasury process to be constitutionally deficient Improved procedures would also be consistent with the growing international consensus that terrorist listing processes must be fair A July 2012 letter to Treasury Secretary Timothy Geithner urges him to take some steps to address these problems by consulting with the U S nonprofit sector and establishing a process that is fair and respects the charitable mission of U S groups involved in international 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 8

    Original URL path: http://www.charityandsecurity.org/node/852 (2016-02-16)
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  • Expert: Reforms Needed to Terrorist Designations | Charity & Security Network
    coming under fire These lists restrict opportunities for mediating conflict and engaging proscribed groups in dialogue on how to achieve their stated aim of reducing terrorism writes Nathan Stock assistant director for Conflict Resolution at The Carter Center in Foreign Policy The HLP decision upheld the ban on almost all forms of contact with a listed terrorist group including peacebuilding and mediation work Stock lays out four ways to make the listing mechanisms more effective including allowing for contact to open pathways for political participation and incentivizing groups to end violence Simply punishing listed groups is insufficient and ineffective if the ultimate goal is the reduction of human conflict he adds 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

    Original URL path: http://www.charityandsecurity.org/node/806 (2016-02-16)
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  • Professor: U.S Law Prevents Aid from Reaching Somalis | Charity & Security Network
    College says it was not the only reason There are plenty of western countries including my own government who would like to see the conversation stop right there and say it was all al Shabaab s fault The other bottleneck Menkhaus said was U S policy which de facto criminalizes any transactions in southern Somalia Humanitarian organizations were forced to suspended food aid delivery to the millions of people trapped in drought struck areas controlled by al Shabaab for fear of violating the Patriot Act Recent forecasts indicate that Somalia could soon be facing another food crisis in the country this year Common sense reforms would allow aid groups to operate without fear of prosecution and help avoid another humanitarian catastrophe he said 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

    Original URL path: http://www.charityandsecurity.org/node/780 (2016-02-16)
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  • Charity & Security Network
    Afghan Insurgents Supreme Court s Humanitarian Law Project Ruling Fails the Common Sense Test Date June 29 2010 Author Kay Guinane Suraj K Sazawal Imagine a school where the principal s rules prevent a teacher from telling a bully to stop picking on another child That is essentially what the Supreme Court told U S peacebuilding groups in its June 21 2010 decision in Holder v Humanitarian Law Project HLP Read more about Supreme Court s Humanitarian Law Project Ruling Fails the Common Sense Test Supreme Court s Humanitarian Law Project Ruling Fails the Common Sense Test Date June 29 2010 Author Kay Guinane Suraj K Sazawal Imagine a school where the principal s rules prevent a teacher from telling a bully to stop picking on another child That is essentially what the Supreme Court told U S peacebuilding groups in its June 21 2010 decision in Holder v Humanitarian Law Project HLP Read more about Supreme Court s Humanitarian Law Project Ruling Fails the Common Sense Test Supreme Court Hears Oral Argument To Decide if Parts of Patriot Act Violate First Amendment Date February 24 2010 Read more about Supreme Court Hears Oral Argument To Decide if Parts of Patriot Act Violate First Amendment Report Constitution Project Calls for Reform of Material Support Laws Date November 24 2009 The Constitution Project s Liberty and Security Committee released a report on Nov 17 2009 calling for reform of U S laws barring material support of terrorism proposing eight changes to remedy serious First Fourth and Fifth Amendment concerns created by existing federal law The bipartisan committee of experts scholars and former government officials said the law should protect pure speech furthering lawful ends and due process rights of U S Read more about Report Constitution Project Calls for Reform of Material Support Laws Court Penalizing Humanitarian Aid is Unconstitutional Date January 13 2008 The Court of Appeals for the Ninth Circuit upheld a ruling declaring the statute making it a crime to provide material support or resources to any group designated a foreign terrorist organization as unconstitutional The decision reaffirmed that previous attempts to adjust the statute failed to do so Read more about Court Penalizing Humanitarian Aid is Unconstitutional Supreme Court to Consider Whether Definition of Prohibited Material Support Too Vague Date October 1 2009 On Sept 30 2009 the Supreme Court agreed to consider whether several key terms in the definition of prohibited material support of terrorism are unconstitutionally vague The case Holder v Humanitarian Law Project HLP will have a one hour oral argument scheduled for the winter of 2010 and a decision is expected by June Although a decision requiring more specific definitions would greatly benefit many charitable operations which can be constrained by uncertainty over what the law does or does not allow the case will not result in a humanitarian exemption to the law Read more about Supreme Court to Consider Whether Definition of Prohibited Material Support Too Vague House Committee Reins In Patriot

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=9 (2016-02-16)
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  • Legal Uncertainty Shrinks Humanitarian Space | Charity & Security Network
    feared by humanitarian peacebuilding and civil rights organizations since the Supreme Court upheld a broad interpretation of the ban on material support to a foreign terrorist organization in June 2010 Since then many non state actors including employees of international aid groups and U S military personal are uncertain as to whether their non violent activities could result in criminal prosecution under U S law In Engaging for Peace What Are the Legal Limits to Working with Terrorists Noah Bialostozky an attorney at White Case says the uncertainty created by the Supreme Court s decision demonstrates the need for further legal clarity to to ensure an appropriate balance between the isolation and engagement in terrorism prevention strategies 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

    Original URL path: http://www.charityandsecurity.org/node/772 (2016-02-16)
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  • Report: Legal Uncertainty Shrinks Humanitarian Space | Charity & Security Network
    as to whether their non violent activities could result in criminal prosecution under U S law In Engaging for Peace What Are the Legal Limits to Working with Terrorists Noah Bialostozky says the uncertainty created by the Supreme Court s decision demonstrates the need for further legal clarity to to ensure an appropriate balance between the isolation and engagement in terrorism prevention strategies After the HLP case there is little doubt that the law will be a thorn in the side of individuals and organizations that engage in peacemaking and educational activities with terrorist organizations and are not shielded by functional immunities Even if prosecutions or lawsuits are rare there will likely be a chilling effect certain individuals and organizations will be understandably reluctant to risk liability Bialostozky says Bialostozky states he does not question the efficacy of criminalizing support to terrorist groups but says all parties would benefit if the uncertainty surrounding the scope of activities that violate U S law was removed Without further clarification by Congress or the Court as to what distinguishes a specific skill from general knowledge for the purposes of unlawful training any technical assistance to the Taliban such as skills training provided to lower level Taliban pursuant to an internationally supported demobilization disarmament and reintegration program presumably could be prosecuted For remedy he calls on the U S and international community to develop formal exemption procedures for groups interested in engaging with listed terrorist organizations To account for the valuable work that many international actors including but not limited to humanitarian organizations provide on the ground in conflict situations exemption procedures under the law should be implemented 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

    Original URL path: http://www.charityandsecurity.org/studies/Legal_Uncertainty_Shrinks_Humanitarian_Space (2016-02-16)
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  • Treasury Investigating Former U.S. Officials’ Advocacy for Terrorist Group | Charity & Security Network
    speech with a designated terrorist group David Cole a Georgetown Law Professor who represented the plaintiffs during the HLP case wrote on the New York Times website the day of the decision that this was the first time the Court had ruled that speech advocating only lawful nonviolent activity can be made a crime and that any coordination with a blacklisted group can be prosecuted as a felony punishable by 15 years in prison On March 11 2012 Cole told the Washington Times that his believes that individuals have a First Amendment right to speak out freely for an organization like the MEK but that the Supreme Court s decision makes it a crime to engage in any transaction which would certainly include getting paid to do public relations for them John Sullivan a Treasury spokesman responding to media inquiries declined to comment about specific allegations in the investigation but said the MEK is a designated terrorist group therefore U S persons are generally prohibited from engaging in transactions with or providing services to this group The Treasury Department takes sanctions enforcement seriously and routinely investigates potential violations of sanctions laws In a statement a spokesperson for the MEK denied the group has paid senior former U S officials The objective of this failed propaganda is to weaken the widespread public support of the members of Congress officials and scores of U S generals for revoking of the illegitimate and unjust terror listing of the MEK The questions surrounding the former officials payments and actions have caught the interest of many Washington analysts Salon s Glenn Greenwald wrote an extensive piece on the MEK s supporters saying Even for official Washington where elite crimes are tolerated as a matter of course this level of what appears to be overt criminality taking large amounts of money from a designated Terrorist group appearing before its meetings meeting with its leaders then advocating on its behalf is too much to completely overlook Additionally Greenwald says use of the material support law to prosecute Muslim Americans with fewer connections to designated groups has become routine What s infuriating is that there are large numbers of people almost always Muslims who have been prosecuted and are now in prison for providing material support to Terrorist groups for doing far less than Fran Townsend and her fellow cast of bipartisan ex officials have done with and on behalf of MEK Kay Guinane Director of the Charity and Security Network blogged about these efforts to de list the MEK in January 2011 She said these former officials are right to be concerned about flaws in the designation process which lack an appeals process and sufficient transparency and oversight U S nonprofit organizations have been struggling with these issues for years GUinane said Listings made without adequate due process or chance to appeal based on secret or questionable evidence do not engender public trust in the process When they include groups that like the MEK have been cleared

    Original URL path: http://www.charityandsecurity.org/news/Treasury_Investigating_Officials_Advocacy_MEK (2016-02-16)
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  • Book: The Strategy of Isolation in Somalia Has Failed | Charity & Security Network
    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 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 to violence as non violent creative possibilities for peace are excluded Second this juridical decision perniciously impacts the peacebuilding agencies as a whole Even in nonviolent advocacy of the listed organizations NGOs can be charged with a crime punishable by up to fifteen years in prison Issues Humanitarian Access Material Support Financial Action Task

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