On July 25, we welcomed PHAP members to an online briefing and discussion of recent research results regarding counterterrorism and humanitarian action. In May 2014, the Counterterrorism and Humanitarian Engagement Project (CHE) at the Harvard Law School published two reports exploring complex legal, policy, and operational facets of humanitarian action. The first report analyzes contemporary counterterrorism-related clauses in humanitarian grant and partnership agreement contracts. The second report examines anti-diversion policies and practices of humanitarian organizations.

The event featured Naz Modirzadeh, Senior Fellow, HLS-Brookings Project on Law and Security, Harvard Law School, where she leads the CHE Project; Jenny McAvoy, Director of Protection of InterAction; Charles Deutscher, Humanitarian and Counterterrorism Officer at the Norwegian Refugee Council (NRC); Charles Deutscher; and Dustin Lewis, Senior Researcher at Harvard Law School, where he contributes to the CHE Project.

Based on nearly 50 interviews and a review of nearly 90 example counterterrorism clauses from humanitarian grant contracts, the reports raise a number of considerations that may be pertinent to humanitarian organizations at the headquarters, regional, national, and field levels. The first report documents the use of (and, in the Annex, reproduces verbatim) a number of diverse counterterrorism clauses used by NGOs, the UN system, and donor states, both as grantors and as recipients. The report identifies salient characteristics of the counterterrorism-related contract provisions, such as the varying standards of efforts, list-checking requirements, and due diligence obligations. The second report sheds light on current approaches to identifying, assessing, and managing risks and challenges associated with anti-diversion policies—pertaining to bribery, corruption, fraud, money laundering, and terrorism financing—that donors are increasingly imposing by utilizing standards drawn from commercial sectors. Combined, the reports may help provide a basis for ongoing evidence-based engagement with stakeholders, including donors, UN bodies, and implementing partners.

During the event, CHE Project researchers provided a briefing on the reports' main evidence and analysis. This was also an opportunity to ask questions from the speakers regarding the results and topics of the two research reports.

IMPORTANT NOTE: This event will NOT be recorded – it is only possible to participate in real time. If you want to participate, please register in advance.

The event is open to all PHAP members in good standing. If you are not yet a member of PHAP, please apply for membership well in advance of the event.

Speakers

Naz Modirzadeh Naz Modirzadeh is Senior Fellow, HLS-Brookings Project on Law and Security, Harvard Law School, where she leads the Counterterrorism and Humanitarian Engagement Project. The project carries out high-level research and policy work on the intersection between counterterrorism regulations and humanitarian action in situations of armed conflict. Ms. Modirzadeh regularly advises international humanitarian organizations, UN agencies, and governments on issues related to international humanitarian law (LOAC), human rights, and counterterrorism regulations concerning humanitarian assistance.
Jenny McAvoy Jenny McAvoy is currently InterAction’s Director of Protection responsible for developing and leading collaborative efforts of InterAction’s members and other inter-agency fora to enhance humanitarian protection. Her expertise and current focus encompasses policy and programming which support results-based approaches to protection; strengthening compliance with IHL and human rights law through humanitarian action; humanitarian access, negotiation, and adherence to humanitarian principles; UN integration; and the protection of civilians in armed conflict, including in relation to the roles of UN political and peacekeeping missions.
Charles Deutscher Charles Deutscher is currently a Humanitarian and Counterterrorism Officer with the Norwegian Refugee Council (NRC). As such, he coordinates NRC Geneva's work on counter-terrorism and principled humanitarian action and supports NRC's co-chairing of the IASC Task Team on Principled Humanitarian Action with OCHA.
Dustin Lewis Dustin Lewis is a Senior Researcher at Harvard Law School, where he contributes to the Counterterrorism and Humanitarian Engagement Project. He is the principal researcher for the Research Project on Current Trends in Counterterrorism Clauses in Humanitarian Grant Frameworks. As part of that project, he researches and presents to INGOs, UN entities, and governments on the intersection between the legal framework governing terrorism and international humanitarian law; on humanitarian grant templates and contract clauses; and on humanitarian organizations’ anti-diversion, risk-mitigation, and due diligence policies and practices.