Court: Penalizing Humanitarian Aid is Unconstitutional

The Court of Appeals for the Ninth Circuit upheld a ruling declaring the statute making it a crime to provide "material support or resources" to any group designated a "foreign terrorist organization" as unconstitutional. The decision reaffirmed that previous attempts to adjust the statute failed to do so.

The case, originally filed by the Center for Constitutional Rights (CCR) on behalf of the Humanitarian Law Project, had sought to address the overbroad scope of the "material support" standard accepted by the government to criminalize humanitarian efforts in hostile situations around the world. 

"Teaching human rights enforcement or providing humanitarian relief in war torn areas should never be the basis for criminal prosecutions," said Kadidal.

 The "material support" statute makes it a crime to provide money or goods, training, personnel, expert advice or assistance, and services to any organization designated a "foreign terrorist organizations" by the State Department.

Shayana Kadidal, an attorney with the Center for Constitutional Rights, said, "The new administration should change the law to make clear that only those who intend to further the illegal ends of an organization can be punished."

CCR also called on Congress to revise the definition of "material support" to exempt medical supplies and services, and provision of basic necessities like food, water and shelter to civilian refugees. "Congress needs to stop trying to fix this fundamentally flawed scheme piecemeal," said Kadidal.

Currently, the only exemptions are for medicines and religious materials.

The ruling can be viewed here.