Charities and the Israel-Gaza conflict

The renewed conflict in Gaza provides an opportunity to review your charity's understanding of campaigning and lobbying regulations, particularly regarding proscribed groups. In this note we provide general remarks on the potential issues, please contact us directly if you require specific advice upon which you wish to rely.

Criminal Offences

On 26 November 2021, the terrorist group Hamas became a proscribed group. The government's guidance on proscribed groups (available here: Proscribed terrorist groups or organisations - GOV.UK (www.gov.uk)) notes the severity of the potential consequences for those who give support to such a group. The most serious offences, contained in sections 11 and 12, include the potential for 14 years' custody resulting from offences as varied as belonging to a proscribed group or 'express[ing] an opinion or belief that is supportive of a proscribed organisation, reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation (section 12(1A))'. Such an expression could take the form of a social media post. For further guidance on charities using social media, please see our guidance note (Updates to Charity Commission Social Media Guidance Solicitors in Westminster - Lee Bolton Monier Williams (lbmw.com)). That guidance underlines the importance of staff abiding by a common etiquette when making public posts on sensitive topics which could be construed to be made in their official capacity. In summary, it is a criminal offence to affiliate with Hamas or to express any form of support towards them and the consequences for any person or organisation doing so have the potential to be severe.

Breaches of Charity Law

Additionally, your charity could be in breach of charity law if it expressed support for either side of the conflict if its charitable objects did not explicitly refer to this. Where charities have charitable objects such as 'to work for the prevention and alleviation of human suffering', the following types of activities would likely be permissible: (1) campaigning for a ceasefire; (2) providing aid to victims of the conflict; or (3) lobbying for the humanitarian corridor. However, a charity with charitable objects other than the above may be in breach of its charitable objects if it attempted to engage in any of the activities listed above. This may seem restrictive but one must remember that a fundamental aspect of charity law is that every activity undertaken must further the charitable objects because those objects are the reason why supporters of the charity have donated their resources (financial or voluntary support) to each specific charity. It is therefore imperative that, should trustees believe their objects are too restrictive, they amend their articles following due process. However, trustees must demonstrate that their motivation for such amendments is the furtherance of the charity's mission and purpose rather than being the result of individual trustees' background, world view, or politics.

Faith Charities

Where a charity's charitable objects refer to supporting the 'mission and ministry' of a particular faith, it would be within their charitable objects publicly to support innocents suffering because of the conflict and any institutions of their faith affected. Such support could take the form of prayer vigils or humanitarian aid sent to the innocents but should, ultimately, attempt to further the cause for peace rather than to favour either side. Charity trustees should also be mindful that compliance with their charitable objects does not permit criminal activities, such as supporting, or encouraging support of, proscribed groups like Hamas, regardless of whether they promote the same faith as such groups.