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

Assuming the relief organization does not know about the raids in advance (or does not have a reasonable basis to believe they will happen), there is little legal ground to argue that theft of relief supplies by a listed party is tantamount to the provision of material support to them by an organization. Under counterterrorism regulations there is generally a prohibition on the affirmative activity of providing different types of support to a listed entity (i.e. material, technological, financial, etc.), as well as the affirmative activity of receiving support from a listed entity (i.e. financial donations). This is distinct from the theft, through forcible means, of material by a listed group. In other words the manner through which the listed group obtained the material may be illegal (i.e. theft), but it does not, per se, result in liability under counterterrorism regulations.

There may, however, be clauses in donor contracts or agreements that require the recipient organization to act with a certain degree of prudence, undertaking various risk-mitigation efforts. One would want to ensure that an organization’s policies and practices are in line with these contract obligations. Obligations and responsibilities under these contracts, however, are distinct from any obligations and responsibilities (and resultant civil or criminal liability) under counterterrorism regulations.

One scenario that might prove trickier, however, is if an organization knows ahead of time that a relief convoy will be targeted, or is reasonably likely to be targeted, and the organization goes ahead with its operation. (This seems unlikely for a variety of reasons, not least of which is staff security). Notwithstanding the improbability of this, one might argue that going ahead with operations knowing that there would be a diversion of aid could amount to a tacit understanding between a listed group and the organization. Again, this seems rather implausible, but would be one scenario where questions could arise.

About the author
The author is an attorney in private practice in the United States focusing on international law and counterterrorism.