By Paul Carroll

Twenty years ago the 9/11 attack on the United States was the most shocking and devastating wound to the country since the attack at Pearl Harbor some sixty years prior. The difference was that 9/11 was not a traditional nation-state military attack. It was emblematic of a less familiar type of violence used by so-called “non-state actors” and directed against any target – civilian or military.

In the weeks, months and years that followed, nearly all aspects of U.S. national security policy signaled a new emphasis on “counterterrorism” as the central organizing principle of our safety and security.

As part of this rushed, emergency overhaul legislators passed the PATRIOT Act, presidents issued new executive orders, and stopping terrorism became the primary focus and framing of national security policy.

These reactionary and fundamental changes have not been effective in reducing the terrorist threat. Moreover, these post-9/11 laws and policies have created significant obstacles to long-standing programs and activities of life-saving humanitarian groups, stability-enhancing peacebuilding initiatives, and basic human rights defenders.

Civil society programs and activities such as humanitarian assistance, with its core principles of humanity, neutrality, impartiality and independence, are critical to helping populations avoid disease and death by supplying food, medicine and other life-saving assistance. Expert peacebuilding education and training has a proven track record of resolving conflict and reintegrating past parties to conflict into a stable society. Human rights defenders are essential parts of ensuring that societies respect and integrate the whole of its people into a bright future.

All of these activities, where civil society plays an integral and often leading role, are stymied by the web of post-9/11 counterterrorism laws and policies. It doesn’t have to be this way.

The U.S. government has often recognized the value of civil society in these roles, and in many cases partners with and supports the work. But the ongoing legal and policy obstacles mean that we are injuring our own efforts and stated goals. This is true at the international level and within the UN infrastructure as well.

The current political landscape is more encouraging than it has been in recent years. There is a comprehensive review of U.S. sanctions policy that has the potential to result in meaningful changes to how the U.S. restricts civil society when sanctions are imposed. There is a palpable weariness among Americans for long-term military engagements and an appetite for less violent and more durable solutions to conflict. Implementing those solutions is precisely the role that civil society has and will continue to play. But outdated and ineffective laws too often create barriers for those solutions. 

We call on elected officials, government leaders, academic experts and informed journalists – as well as the general public – to embrace and support the need for sensible and long-overdue reforms. For example, the president can issue an Executive Order that restores the humanitarian exemption when sanctions are imposed. Congress can play a role by fixing the “material support” prohibition that is far too broad and stops critical aid and peacebuilding efforts. The way in which licenses are made available, applied for and decided can be made more efficient and transparent. Finally, the private sector can play a significant role, particularly the financial industry, by working more proactively with NGOs to understand and manage potential risks rather than simply avoiding them and cutting off essential flows of funds. We can continue to ensure security while also providing pathways out of harm.

The Charity & Security Network was founded in response to the impacts of post-9/11 counterterrorism policies. Our work aims to protect the legal rights of humanitarian, peacebuilding and human rights organizations, advocate for changes to laws and policies that unduly impede legitimate activities, and enable greater civil society space for such efforts. 

Today, as we look back on the anniversary of 9/11, we honor the memory of those who were lost. We also remain steadfast in our resolve to protect, defend and expand the ability of civil society to undertake the work that helps ease suffering and mitigate the conditions that potentially lead to such violence.