Charity to Palestinian civilians was prosecuted as terror financing without violence evidence.

Evidence

The largest Muslim charitable organization in the United States, the Holy Land Foundation, was alleged to be associated with Hamas and shut down by executive order shortly after 9/11. During the ensuing trial, it was well established that the Holy Land Foundation’s leaders had not performed, supported, or encouraged any form of violence, and furthermore, that the money sent abroad was used to provide basic needs and services for the very poor, such as Palestinians in the Gaza Strip, whose living conditions constitute a humanitarian crisis. The government did not establish any direct funding ties for “terrorism.” Instead, the case rested on the argument that the foundation had sent money to zakat committees controlled by Hamas. The defense argued that these charitable committees were the only means through which aid could get to the people who needed it—and that UN agencies and USAID had also used the same committees. Hamas controlled these committees, they explained, because Hamas is the elected government of Palestine. Nevertheless, the prosecution managed to secure harsh convictions. Two of the defendants are serving sixty-five-year prison terms. — Deepa Kumar, Islamophobia and the Politics of Empire, 579

Categorization

  • XREF: Corroborates the vault’s existing arc on post-9/11 prosecution of Muslim charities as a mode of political repression — connects to Aziz/Razack treatment of prosecutorial overreach. — connects to: Charity aid to needy Palestinians was prosecuted as material support for terrorism — Deepa Kumar, Islamophobia and the Politics of…, 579; Charitable aid to Palestinian civilians was criminalized as terror financing; Aid routed through Hamas-controlled charities was prosecuted as terror support despite no violence (+4 more)
  • SEED: The fact that USAID and UN agencies also used the same Hamas-controlled committees undercuts the state’s good-faith rationale — strong material for an essay on the selective criminalization of aid channels.

Broader Connections