Preventing Peace: How "Material Support" Laws Undermine Peacebuilding

Publisher: Alliance for Peacebuilding and the Chairty & Security Network

Authors: Megan Corrado, Kay Guinane, Gabe Murphy, and Liz Hume

Publication date: July 2021

Abstract: Counterterrorism laws have not kept pace with evolving security challenges or new programmatic approaches to end conflict, reduce violence, and build sustainable peace. The United States places broad legal restrictions on the provision of “material support” to foreign terrorist organizations (FTOs). Unfortunately, the restrictions imposed by U.S. laws limit the effectiveness of programs designed to prevent people from engaging in violent conflict and extremism. As the U.S. observes the 20th anniversary of 9/11, Congress must revisit and revise U.S. counterterrorism laws to ensure they facilitate rather than impede the prevention-focused approaches to global violence and armed conflict enshrined in the Global Fragility Act, Women, Peace, and Security Act, and Elie Wiesel Genocide and Atrocities Prevention Act. 

Contents:

1     Definition of the Problem

2     Background on the Material Support Legal Prohibition

3     Negative Impacts on Peacebuilding Activities

4     Examples of Adverse Impacts of the Prohibition on Peacebuilding

5     Case Study on Afghanistan: Designation Withheld to Facilitate Peace Talks

6     Case Study on Yemen: Designation Reversed to Facilitate Peacebuilding and Avoid Humanitarian Disaster

7     How Holistic Programming Builds Peace

8     Solution: The Legislative Fix