Exchange Hub: Navigating principled humanitarian action and compliance with counter-terrorism laws and policies

Over the last decade, state and inter-governmental counter-terrorism laws and policies have become increasingly robust, resulting in additional pressure on many humanitarian organizations operational on the frontline - often posing additional challenges for acting in accordance with the humanitarian principles of impartiality, neutrality, humanity, and independence. With increasing tension between principled humanitarian action and counter-terrorism laws and policies, what do humanitarian organizations need to consider moving forward?

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Focused period of exchange: 3 - 26 February 2015
Deadline for member contributions: 11 March

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Online event

On 26 February 2015, PHAP will host an online event for the Exchange Hub with key experts on counterterrorism laws and policy and their implications for humanitarian action.

Member posts

Counter-terrorism laws in Kenya: Humanitarian action and criminalizing “radicalization”

Francis Onditi

Just like many other countries in Africa that have embarked on a path to legislate and develop policies in response to increased cases and threats of different forms of terrorism, Kenya’s push...

Condemned to resist

Sophie Delaunay

Co-authors: Andres Romero & Mary Vonckx The objective of medical humanitarian action is to alleviate the suffering of people who are the direct victims of violence or otherwise neglected,...

Questions and answers

Q&A: The use of the term "terrorist groups"

Are there particular areas where humanitarian actors should be careful with using the expression "terrorist group" in order to preserve their neutrality, impartiality and independence? Should we rather use expressions such as "non-state armed groups" or "armed opposition groups"?

Dieudonné Amisi Mutambala

Q&A: Humanitarian engagement with ISIS-appointed leaders and the U.S. material support statute

How are NGOs expected to engage with local leaders in areas controlled by ISIS in northern Syria when the local leaders are all ISIS appointees or members? My understanding is that legal requirements prohibit people from engaging with terrorists. Should we cease operations and leave the people most in need of assistance without help?

PHAP Member

Q&A: Humanitarian NGOs and counter-terrorism laws in Kenya

In Kenya, a new counter-terrorism bill was recently passed, in which the crime is only vaguely defined, opening for an arbitrary application of it. How can humanitarian agencies operating in Kenya make sure that they maintain their independence and deliver aid impartially while remaining in compliance with the national laws?

Francis Onditi

Q&A: Where can I turn for legal advice on counter-terrorism laws and humanitarian action?

I have tried to ask for advice from headquarters regarding compliance with counter-terrorism laws, as I am concerned that I could get in trouble with the law. However, they are not able to give me clear answers. Colleagues in other international organizations that I have spoken to seem to be facing a similar situation. Where else can I turn?

PHAP Member

Q&A: Should medical staff in Syria be concerned about treating members of terrorist organizations?

How do counterterrorism laws affect the work of medical staff in Syria? Should medical staff be concerned about treating people who may be part of terrorist organizations?

PHAP Member

Q&A: Terrorist acts – war crimes, crimes against humanity, or genocide? The case of Nigeria

Can terrorist acts be considered war crimes, crimes against humanity, or genocide? I am especially referring to the case of Nigeria.

Danambaye Mbangui-Dana

Q&A: Could I get arrested for speaking as a humanitarian worker to listed groups?

I have heard some of my colleagues say that it’s illegal to talk to people that might be affiliated with listed groups and that I could be arrested e.g. if I go to the United States, and then others say that it’s not illegal. Can you help me understand what is actually the situation? I’m currently working in Jerusalem, coordinating programs in Gaza.

PHAP Member

Q&A: What is the relationship between IHL and terrorism?

What is the relationship between international humanitarian law and terrorism?

Danambaye Mbangui-Dana

Q&A: Can raided relief convoys in Syria be considered as support to terrorist-listed groups?

With relief convoys being raided by terrorist-listed groups in Syria, can this be considered by donors as giving support to them?

PHAP Member

Q&A: Do counter-terrorism laws impair the "right of humanitarian initiative"?

The “right of initiative” for impartial humanitarian actors in international humanitarian law gives the right to approach the relevant actors in order to obtain access to people in need. Are counterterrorism laws, such as the U.S. material support statutes, incompatible with IHL, as they seem to prohibit virtually any engagement with organizations designated as terrorist?

PHAP Member

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Recommended resources

Research, reports and studies

Study of the Impact of Donor Counter-Terrorism Measures on Principled Humanitarian Action

Kate Mackintosh
Patrick Duplat

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This study aims to increase the understanding of existing counter-terrorism laws and policies and their impact on humanitarian work. The results point to an urgent need to strike a better balance between the aims of counter-terrorism laws and measures and humanitarian principles and action.
Article

Holder v. Humanitarian Law Project and the Potential to Cripple Humanitarian Assistance in Armed Conflict

Elizabeth Holland

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Elizabeth Holland examines the U.S. material support statute, which criminalizes engagement with listed non-state armed groups, focusing on the implications for humanitarian professionals operating in places where there is a likelihood of contact with terrorist groups.
Article

Counter-terrorism laws and regulations: what aid agencies need to know

Jessica Burniske
Naz Modirzadeh
Dustin Lewis

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This paper aims to provide a brief primer for a generalist humanitarian audience on the tensions between counter-terrorism laws and humanitarian action and an overview of some of the most salient questions that humanitarian actors are grappling with in planning effective, principled, and lawful operations in high-risk environments.
Working paper

Talking to the other side: Humanitarian engagement with armed non-state actors in Darfur, Sudan, 2003–2012

Jonathan Loeb

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This paper examines humanitarian negotiations with armed non-state actors in Darfur, highlighting lessons learnt from the process of humanitarian engagement so far, and point to options for negotiating access in the context of the current humanitarian crisis in this region.
Article

Humanitarian engagement under counter-terrorism: a conflict of norms and the emerging policy landscape

Naz K. Modirzadeh
Dustin A. Lewis
Claude Bruderlein

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This article identifies a conflict between two set of norms: one which promotes humanitarian engagement with non-state armed groups for the protection of populations in need and another which prohibits such engagement with listed “terrorist” groups. It outlines the potential impacts for humanitarian organizations and suggests how they can respond to this tension.
Research, reports and studies

International Humanitarian Law and the challenges of contemporary armed conflicts

International Committee of the Red Cross

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This ICRC report deals with a range of challenges in contemporary armed conflicts, such as the interplay between international humanitarian law (IHL) and human rights law; the protective scope of IHL; and the different means and methods of warfare, including new technologies. The last section addresses the conflation of armed conflict and terrorism, which risks putting restrictions on the work of humanitarian organizations in non-international armed conflicts.
Research, reports and studies

An Analysis of Contemporary Anti-Diversion Policies and Practices of Humanitarian Organizations

Counterterrorism & Humanitarian Engagement Project

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This paper indicates that humanitarian organizations have long developed internal anti-diversion policies and practices and that many are grappling with how to best adapt externally imposed anti-diversion policies in the light of changing operational circumstances and heightened donor demands and scrutiny.
Tools, guidelines and methodologies

Charity Commission’s Counter-Terrorism Strategy

Charity Commission

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This document outlines the UK Charity Commission’s strategy for addressing the concerns and risks relating to terrorist abuse in the charitable sector.
Report

Safeguarding Humanitarianism in Armed Conflict: A Call for Reconciling International Legal Obligations and Counterterrorism Measures in the United States

Kay Guinane
Karen Siciliano Lucas
Elizabeth Holland

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This report by the Charity & Security Network indicates that the United States’ counterterrorism laws and policies, particularly on the prohibition of material support to terrorism, are inconsistent with humanitarian principles and obligations as they effectively block access to vulnerable populations by barring logistical negotiations with listed groups.
Blog post

Emerging Voices: Counterterrorism and Humanitarianism–Assessing the Current (Im)Balance

Elizabeth Holland

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In this short article, Elizabeth Holland explores the U.S. counterterrorism sanctions framework and material support statute, their consequences for humanitarian organizations, and how these measures can be accommodated.