|
The
Supreme
Court of
the
United
States
will
hear a
case
that may
redefine
the
difference
between
humanitarian
aid and
aiding
and
abetting
terrorist
groups
such as
Hamas,
Hezbollah,
al-Qaeda
and LTTE.
The
USA
Patriot
Act
makes it
a crime
to
provide
any form
of
support,
including
humanitarian
assistance,
to
groups
on the
State
Department's
list of
foreign
terrorist
organizations.
The
legal
dispute
arose
from
advice
given by
the
Humanitarian
Law
Project
to the
Kurdistan
Workers'
Party
and the
LTTE in
Sri
Lanka.
Both
groups
are
listed
by the
State
Department
as
terrorist
organizations.
Recently,
Indicted
Wall
Street
hedge
fund
manager
Rajakumara
Rajaratnam
and his
father,
J. M.
Rajaratnam,
knowingly
provided
financial
and
other
support
to the
Tamil
Tigers,
more
than 30
victims
and
survivors
of the
terrorist
group's
attacks
alleged,
according
to a
report
obtained
by the
National
Association
of
Chiefs
of
Police.
In a
complaint
filed in
the U.S.
District
Court
for the
District
of New
Jersey
in
Newark,
NJ,
family
members
of those
killed
and
survivors
of
bombings
committed
by the
group
formally
known as
the LTTE,
alleged
that
Rajaratnam
and the
family
foundation
headed
by his
father
provided
millions
of
dollars
in funds
used for
the
deadly
and
destructive
terrorist
attacks.
From
2004
through
2009,
the LTTF,
or Tamil
Tigers,
conducted
hundreds
of
attacks,
including
several
suicide
bombings
and
political
assassination
attempts.
According
to the
FBI,
LTTE is
responsible
for the
murders
of over
4,000
people
since
2006.
The
terrorist
organization
was the
first to
use
suicide
attacks
on a
widespread
basis, a
tactic
subsequently
adopted
by al
Qaeda
and
Hamas,
among
others.
Most of
LTTE's
funding
and
weapons
procurement
came
from a
network
of
international
front
charities
and
non-governmental
organizations
controlled
by LTTE.
The
complaint
documents
the
transfer
of
millions
of
dollars
from
Rajaratnam
and his
family's
foundation
to the
Tamil
Rehabilitation
Organization
(TRO),
which
was
designated
by the
U.S.
Treasury
Department
in 2007
as a
"charitable
organization
that
acts as
a front
to
facilitate
fundraising
and
procurement
for the
LTTE."
The
TRO's
assets
were
immediately
frozen.
According
to the
complaint,
Rajaratnam
gave $1
million
to the
TRO's
U.S.
branch
in 2004
in
response
to
LTTE's
calls
for
renewed
funding
in
anticipation
of the
"final
war."
This
money
was
funneled
from TRO-US
accounts
to TRO
headquarters
in Sri
Lanka.
Rajaratnam
had
previously
made a
$1
million
contribution
to TRO
following
the
LTTE's
successful
"Elephant
Pass"
guerrilla
campaign.
These
donations
"demonstrate
Rajaratnam's
contributions
were
given
with the
intent
of
supporting
specific
LTTE
attacks
and
operations,"
the
complaint
charges.
The
complaint
also
documents
donations
from the
Rajaratnam
Family
Foundation
to the
TRO
totaling
well
over $5
million
from
2001 to
2007.
As
further
evidence
that
Rajaratnam
clearly
supported
LTTE's
campaign
of
terrorism,
the
complaint
cites
allegations
that
letters
introducing
Rajaratnam
were
provided
to LTTE
founder
and
leader
Vellupillai
Prabhakaran
between
December
2002 and
June
2003.
In
November
2002,
Rajaratnam,
speaking
at a
fundraiser
for the
Association
of
Tamils
of Sri
Lankan
USA (ITSA),
called
those
supporting
the
Tamils'
struggle
in Sri
Lanka
"terrorists,"
later
adding
that
they
were not
just
terrorists
but also
"freedom
fighters."
In
addition,
Rajaratnam's
father
wrote on
ITSA's
web site
that
"Historically,
freedom
movements
have
been
labeled
as
terrorist
organizations
by the
oppressors
. . .
'Terrorists'
have in
their
lifetime
become
'His
excellencies.'"
He
added, "LTTE
has not
engaged
in any
killing
that is
not
justifiable
in the
context
of war."
The
counts
brought
by the
lawsuit
are:
aiding
and
abetting
terrorist
acts
universally
condemned
as
violations
of the
law of
nations;
aiding
and
abetting,
intentionally
facilitating,
and/or
recklessly
disregarding
crimes
against
humanity
in
violation
of
international
law;
reckless
disregard;
wrongful
death;
survival;
negligence;
and
negligent
and/or
intentional
infliction
of
emotional
distress.
The
US
Government
lawyers
argue
that the
law is
an
effective
method
of
combating
terrorists
who
often
lack
clearly
defined
borders
and can
surreptitiously
attack
targets
at will,
reported
the
Examiner.
|