Index of Human Rights, Conflict Resolution and Nonprofit Sector Reports

Almost all of the reports featured on our website are indexed here. Many of the reports are linked to their full text, but for information on studies that are not linked, please contact us. 

 

Resources

Summary of the Supreme Court’ Ruling in Humanitarian Law Project: Provision of Advocacy and Training in Nonviolent Peaceful Conflict Resolution Violates Terrorism Material Support Laws

in
Date: 
August 31, 2010

On June 21, 2010, the United States Supreme Court in Holder v. Humanitarian Law Project, et al. struck a blow to the American nonprofit sectors’ commitment to resolving international conflicts through peaceful and nonviolent means. In a 6-3 decision, the Court rejected the Humanitarian Law Project's (HLP) claims that challenged the constitutionality of provisions of the material support to terrorism law that prohibit a broad range of interactions with listed terrorist groups, including attempts at peace building. (See 18 U.S.C. § 2339B). This summary reviews the Court’s majority and dissenting opinions and notes issues to be addressed in developing better procedures.

Index of Aid Workers Killed or Abducted Around the World in 2010

in
Date: 
August 17, 2010

The perception of being associated with a military force carries potentially deadly consequences for humanitarian aid workers operating in combat zones.  To reverse this trend, it is imperative that aid workers are perceived to be independent of military or political influence, and deliver aid in an impartial and neutral manner.

Congressional Research Service Issues Report on Material Support Laws

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Date: 
August 16, 2010

A July 19, 2010 report entitled Terrorist Material Support: An Overview of 18 USC 2339A and 2339B, by the Congressional Research Service offers a descriptive summary of the material support laws, the procedural history of the Holder v. Humanitarian Law Project case, and the process under which an organization is designated as terrorist by the U.S. Department of State. There is notably no discussion of the U.S. Department of Treasury’s authority to designate an organization or individual pursuant to Executive Order 13224 – 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.

ACLU and CCR Challenge Constitutionality of OFAC’s Licensing Scheme for Legal Services

in
Date: 
August 16, 2010

On Aug. 3, 2010, the American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) filed a lawsuit challenging the regulatory scheme requiring attorneys to obtain permission from the Office of Asset Control (OFAC) to represent their clients. The plaintiffs seek to represent pro bono the father of a US citizen targeted for killing by the U.S. government.  

The Impact of Counterterrorism Measures on Charities and Donors After 9/11

in
Date: 
August 16, 2010

There is increasing evidence of the negative impact on all charities of the counter-terrorism measures introduced since 2001.[i] A January 2006 workshop held by INTRAC (International NGO Training and Research Centre, Oxford, UK) foresees that such measures will have ‘disproportionate and far-reaching effects on public giving, international cooperation agendas, movement of funds and other types of support’ for charities.

Kay Guinane Answers Rep. Keith Ellison’s Questions about U.S. charities Impacted by Treasury’s Regime.

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Date: 
August 11, 2010

QUESTIONS TO THE PANELISTS FROM CONGRESSMAN KEITH ELLISON

for the

Anti-Money Laundering: Blocking Terrorist Financing and Its Impact on Lawful Charities

Hearing Before the Subcommittee on Oversight and Investigations, House Committee on Financial Services

May 26, 2010

In a Bad SPOT: Why a Military Database for NGOs Is Impractical

in
Date: 
August 3, 2010

The U.S. army’s Synchronized Pre-Deployment and Operational Tracker (SPOT) system is a military database that indefinitely stores detailed personnel data of contractors’ employees working in Iraq and Afghanistan. Recipients of federal grants, and their sub-grantees, are required to register with SPOT before beginning their projects. For Nongovernmental Organizations (NGOs) operating relief and development programs in these two countries, meeting the requirements of SPOT is impracticable, and may jeopardize their employees’ safety and the effectiveness of their programs.

Congressional Report Says Dept. of Defense Contracts Funding Afghan Insurgents

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Date: 
July 16, 2010
Author: 
Suraj K. Sazawal

On June 21, 2010, the same day the Supreme Court upheld a federal statute that bans training in nonviolent dispute resolution as support to listed terrorists groups, a Congressional report was released saying U.S. taxpayer dollars are being funneled from the U.S. army contractors to insurgents, including the Taliban. What sense does it make to punish humanitarian groups who want to train terrorist groups to turn away from violence, but knowingly allow millions of dollars to flow uninterrupted to a designated terrorist group the U.S. military is battling everyday in Afghanistan?

News, Editorials, and Opinions about Supreme Court’s June 21, 2010 Holder v. Humanitarian Law Project decision

in
Date: 
July 15, 2010

Released on June 21, 2010, the Supreme Court’s Holder v. Humanitarian Law Project (HLP) decision will have an adverse impact on the efforts of U.S. groups working on peacebuilding, conflict resolution and other activities in places where listed terrorist groups operate.   Below are news articles and editorials from major media publications, press releases and opinions from civil rights and civil liberty experts, including David Cole, the attorney representing HLP in the case. Background about the case is available here.

KindHearts Case Timeline

in
Date: 
July 9, 2010

On Aug. 18, 2009, a federal judge ruled the Treasury Department’s seizure of a charity’s assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments. KindHearts for Charitable Humanitarian Development was shut down by the Treasury Department "pending investigation" on Feb. 19, 2006.  To date it has not been designated as a supporter of terrorism. This timeline details the issues and procedural history of the case, which illustrates the problems created by using post 9/11 emergency measures for long term regulation of charities in the national security context.