Over the past two decades, states and inter-governmental bodies have adopted increasingly robust counter-terrorism laws and policies.
At the same time, humanitarian crises in countries like Somalia, Mali, and Syria have reaffirmed the continued importance of principled humanitarian action. Counter-terrorism laws and humanitarian action share several goals, including the prevention of attacks against civilians and of diversion of aid to armed actors. Yet tensions between these two areas of law and policy have emerged in recent years, resulting in challenges for governments and humanitarian actors.
These include obstacles to open and frank discussions about the practical and legal consequences of counterterrorism laws for humanitarian action, especially in territories where listed armed actors control territory or access to populations in need; donors' increasing risk aversion, which can complicate or thwart efforts by humanitarian organisations to operate in high-risk environments; recommendations by inter-governmental bodies that seek to regulate humanitarian organisations because they are perceived as likely conduits for terrorist activity; a lack of exemptions in counter-terrorism law for principled humanitarian action; the criminalisation of activity deemed essential to humanitarian action (e.g. the provision of medical assistance to wounded enemy fighters); and the increasing use of unconventional tactics, such as calling for congressional inquiries or the use of 'naming and shaming' campaigns to link civil society organisations with harmful activity.
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