New legal guidance for humanitarian, development and peacebuilding work overseas

Counter-terrorism legislation should not hinder legitimate humanitarian, development and peace building organisations from operating overseas, the CPS has said today.

Specialists from the Crown Prosecution Service have produced a framework of some of the public interest considerations which would be made when considering whether or not to prosecute in a case.

The new guidance follows a recommendation from the Independent Reviewer of Terrorism Legislation, who advised it be developed to cover the potential areas of proscribed terrorist groups and terrorist financing.

It remains the responsibility of organisations working overseas to ensure that their activity complies with UK law and the law of the country they are operating in and to take all reasonable steps to reduce the risk of non-compliance.

Max Hill KC, Director of Public Prosecutions, said: “We understand the challenges aid agencies, humanitarian workers and peacebuilders face when working in conflict zones or unstable regions of the world.

“The CPS is committed to ensuring that counter-terrorism legislation is applied correctly and transparently, and we have identified these public interest factors as likely to help us in that decision making.

“However, this is a very complex area so it’s important to note this is not an exhaustive list and any case which was passed to us would be judged on its own merit.”

This guidance provides information on proscription offences and terrorist financing offences; it does not cover sanction regulations or any related criminal offences.

The public interest factors that prosecutors may consider in cases are: 

• The nature of the operational challenge those delivering humanitarian, development or peacebuilding work may face.
• The extent to which appropriate systems and controls to minimise the risk of terrorism offences being committed have been put in place. 
• Whether interaction with any proscribed organisation is genuinely benign, in that terrorist activities are not promoted. 
• Whether the suspect is seeking to abuse their position when delivering humanitarian, development or peacebuilding work.
• Whether a prosecution is proportionate having regard to possible action by other regulators, such as the Charity Commission. 

No individual from an international NGO has ever been prosecuted by the CPS for terrorism offences relating to humanitarian, development or peacebuilding work.

Terrorism related offences committed overseas require review by the Attorney General who must give consent to prosecute.