A June 21, 2012 panel discussion marked the second anniversary of the Supreme Court’s decision in Holder v. Humanitarian Law Project, which upheld the government’s power to criminalize peacebuilding efforts aimed at encouraging terrorist groups to lay down their arms. Decided in 2010, the case focused on ‘material support’ prohibitions in U.S. law that make it a crime to provide “training,” “services,” “expert advice or assistance,” and “personnel,” to a listed terrorist group.
A Crisis in Humanitarian Access to Civilians
The legal constraints national security laws impose of U.S. charitable organizations cause tensions with international law and codes for humanitarian aid and development programs. The standards and principles expressed in the Geneva Conventions and International Red Cross Code of Conduct could be emulated by the U.S and incorporated into future polices.
This panel discussion featured NGO leaders and experts from the U.S. who shared their expertise on humanitarian codes, charitable groups and donors affected by U.S. laws and regulations.
On April 15, 2013 The Charity & Security Network and Alliance for Peacebuilding hosted a Congressional briefing, "Effective Counterterrorism for a New Era." The briefing brought together a panel of experts in counterterrorism, civil society and military to discuss strategies for reforming U.S. counterterrorism measures to be more cost-effective and efficient.
Nonprofits around the world are having difficulty accessing banking services. U.S. and other countries’ financial regulations, rooted in a comprehensive counter-terror finance regime, and the ever-shifting political landscape set the stage for financial institutions around the globe to continually re-evaluate their risk profiles. As a result, accounts are closed or never opened, wire transfers are delayed and correspondent banking relationships are severed. This, in turn, impacts vital humanitarian aid, development, peacebuilding, human rights, and other programming.
Two recent reports examine the scope and impacts of this problem. Financial Access for U.S. Nonprofits, by the Charity & Security Network, provides the first empirical data on the issue and sets out a series of recommendations. Tightening the Purse Strings, by the Women Peacemakers Program and Duke Law International Human Rights Clinic, looks at the effects of counter-terrorism finance measures on gender equality and security.
With the launch of our new report, Financial Access for U.S. Nonprofits, the first-ever empirical data on the issue gives new insight to the problem known as "derisking."
Hear from the report's authors about the findings, stakeholder perspectives and possible solutions.
* Sue Eckert, Adjunct Senior Fellow, Center for New American Security and report author
* Kay Guinane, Director, Charity & Security Network and report author
* Andrea Hall, Communications and Outreach Coordinator, Charity & Security Network and report author
* Dawn Sikorski, Corporate Counsel, Islamic Relief USA
Made in the USA: Impact of Exporting a One-Size-Fits-All Counterterrorism Policy
On Feb. 17, 2010 the Charity and Security Network teamed with the Constitution Project to host a briefing on the Supreme Court case, Holder v. Humanitarian Law Project, which held oral arguments on Feb. 23. The case is the first constitutional challenge to provisions of federal laws, including the Patriot Act, prohibiting “material support” for groups designated a “terrorist” by the United States government. The event, Free Speech, Human Rights & Counter-Terrorism Laws, explored the likely impact and misconceptions of the Court's ruling on national security policies.