Holder v. Humanitarian Law Project
Encyclopedia
Holder v. Humanitarian Law Project, 561 U. S. ____ (2010), was a case decided in June 2010 by the United States Supreme Court regarding the USA PATRIOT Act
(18 U. S. C. §2339B) which prohibits material support
to groups designated as terrorists. The court held these types of support - “training,” “expert advice or assistance,” “service,” and “personnel” - were constitutional as applied to the forms of support that plaintiffs in the case, represented by the Humanitarian Law Project
, sought to provide to foreign terrorist organizations. The plaintiffs sought to help the Kurdistan Workers’ Party in Turkey
and the Liberation Tigers of Tamil Eelam
learn means of peacefully resolving conflicts.
criticized the decision, arguing that "The 'material support law' - which is aimed at putting an end to terrorism - actually threatens our work and the work of many other peacemaking organizations that must interact directly with groups that have engaged in violence. The vague language of the law leaves us wondering if we will be prosecuted for our work to promote peace and freedom."
Elisabeth Decrey-Warner, president of the Swiss NGO Geneva Call
also expressed her disapproval, stating that "Civilians caught in the middle of conflicts and hoping for peace will suffer from this decision. How can you start peace talks or negotiations if you don’t have the right to speak to both parties?"
In January 2011, David Cole
, a professor of law at Georgetown University Law Center
, who argued the case for the Humanitarian Law Project, commented on developments since the decision. He noted that several prominent former officeholders, including Rudolph Giuliani and Tom Ridge
, had spoken in support of the Mujahedeen Khalq
, an Iran
ian opposition group designated by the United States as a terrorist organization. He stated that he supported their right to speak but that even nonviolent advocacy (such as urging that a designation as "terrorist" be revoked) was illegal under the Supreme Court's decision. He also pointed to exemptions granted under the rubric of "humanitarian aid" that turned out to include products like cigarettes and chewing gum. He stated: "Under current law, it seems, the right to make profits is more sacrosanct than the right to petition for peace, and the need to placate American businesses more compelling than the need to provide food and shelter to earthquake victims and war refugees."
Linguist Noam Chomsky
criticized the decision as an issue of freedom of speech
and stated that it constituted "the first major attack on freedom of speech in the United States since the notorious Smith Act
back around 1940". He also stated that it had troubling legal implications since Humanitarian Law Project gave out advice to Turkish PKK which urged the group to pursue nonviolence
.
Representatives of the International Red Cross and Red Crescent Movement
stated that the ruling would probably not affect their operations or their relationship with the American government.
raided activists in Minneapolis and Chicago, seizing computers, cell phones and files and issuing subpoenas to some targeted individuals to appear before a federal grand jury. The FBI agents were seeking evidence of ties to foreign terrorist organizations, including the Revolutionary Armed Forces of Colombia
and the Popular Front for the Liberation of Palestine
. Attorneys linked the raids to the Holder v. Humanitarian Law Project decision.
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
(18 U. S. C. §2339B) which prohibits material support
Providing material support for terrorism
Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme...
to groups designated as terrorists. The court held these types of support - “training,” “expert advice or assistance,” “service,” and “personnel” - were constitutional as applied to the forms of support that plaintiffs in the case, represented by the Humanitarian Law Project
Humanitarian Law Project
The Humanitarian Law Project is a U.S.-based non-profit organization organization, working to protect human rights and promote "the peaceful resolution of conflict by using established international human rights laws and humanitarian law."...
, sought to provide to foreign terrorist organizations. The plaintiffs sought to help the Kurdistan Workers’ Party in Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
and the Liberation Tigers of Tamil Eelam
Liberation Tigers of Tamil Eelam
The Liberation Tigers of Tamil Eelam was a separatist militant organization formerly based in northern Sri Lanka. Founded in May 1976 by Vellupillai Prabhakaran, it waged a violent secessionist and nationalist campaign to create an independent state in the north and east of Sri Lanka for Tamil...
learn means of peacefully resolving conflicts.
Reactions
Former President Jimmy CarterJimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
criticized the decision, arguing that "The 'material support law' - which is aimed at putting an end to terrorism - actually threatens our work and the work of many other peacemaking organizations that must interact directly with groups that have engaged in violence. The vague language of the law leaves us wondering if we will be prosecuted for our work to promote peace and freedom."
Elisabeth Decrey-Warner, president of the Swiss NGO Geneva Call
Geneva Call
Geneva Call is an NGO based in Geneva, Switzerland that focuses on engaging armed non-state actors, such as guerrilla groups and liberation movements, to respect international humanitarian law and human rights law...
also expressed her disapproval, stating that "Civilians caught in the middle of conflicts and hoping for peace will suffer from this decision. How can you start peace talks or negotiations if you don’t have the right to speak to both parties?"
In January 2011, David Cole
David D. Cole
David D. Cole is an American law professor at the Georgetown University Law Center. He has published in various legal fields including civil rights, criminal justice, constitutional law and law and literature...
, a professor of law at Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, who argued the case for the Humanitarian Law Project, commented on developments since the decision. He noted that several prominent former officeholders, including Rudolph Giuliani and Tom Ridge
Tom Ridge
Thomas Joseph "Tom" Ridge is an American politician who served as a member of the United States House of Representatives , the 43rd Governor of Pennsylvania , Assistant to the President for Homeland Security , and the first United States Secretary of Homeland Security...
, had spoken in support of the Mujahedeen Khalq
People's Mujahedin of Iran
The People's Mujahedin of Iran is a terrorist militant organization that advocates the overthrow of the Islamic Republic of Iran....
, an Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
ian opposition group designated by the United States as a terrorist organization. He stated that he supported their right to speak but that even nonviolent advocacy (such as urging that a designation as "terrorist" be revoked) was illegal under the Supreme Court's decision. He also pointed to exemptions granted under the rubric of "humanitarian aid" that turned out to include products like cigarettes and chewing gum. He stated: "Under current law, it seems, the right to make profits is more sacrosanct than the right to petition for peace, and the need to placate American businesses more compelling than the need to provide food and shelter to earthquake victims and war refugees."
Linguist Noam Chomsky
Noam Chomsky
Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...
criticized the decision as an issue of freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and stated that it constituted "the first major attack on freedom of speech in the United States since the notorious Smith Act
Smith Act
The Alien Registration Act or Smith Act of 1940 is a United States federal statute that set criminal penalties for advocating the overthrow of the U.S...
back around 1940". He also stated that it had troubling legal implications since Humanitarian Law Project gave out advice to Turkish PKK which urged the group to pursue nonviolence
Nonviolence
Nonviolence has two meanings. It can refer, first, to a general philosophy of abstention from violence because of moral or religious principle It can refer to the behaviour of people using nonviolent action Nonviolence has two (closely related) meanings. (1) It can refer, first, to a general...
.
Representatives of the International Red Cross and Red Crescent Movement
International Red Cross and Red Crescent Movement
The International Red Cross and Red Crescent Movement is an international humanitarian movement with approximately 97 million volunteers, members and staff worldwide which was founded to protect human life and health, to ensure respect for all human beings, and to prevent and alleviate human...
stated that the ruling would probably not affect their operations or their relationship with the American government.
Implementation
In September 2010 the Federal Bureau of InvestigationFederal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
raided activists in Minneapolis and Chicago, seizing computers, cell phones and files and issuing subpoenas to some targeted individuals to appear before a federal grand jury. The FBI agents were seeking evidence of ties to foreign terrorist organizations, including the Revolutionary Armed Forces of Colombia
Revolutionary Armed Forces of Colombia
The Revolutionary Armed Forces of Colombia – People's Army is a Marxist–Leninist revolutionary guerrilla organization based in Colombia which is involved in the ongoing Colombian armed conflict, currently involved in drug dealing and crimes against the civilians..FARC-EP is a peasant army which...
and the Popular Front for the Liberation of Palestine
Popular Front for the Liberation of Palestine
The Popular Front for the Liberation of Palestine is a Palestinian Marxist-Leninist organisation founded in 1967. It has consistently been the second-largest of the groups forming the Palestine Liberation Organization , the largest being Fatah...
. Attorneys linked the raids to the Holder v. Humanitarian Law Project decision.