Natasha Hausdorff on Charity Commission probe of Jewish charities’ actions in Judea and Samaria

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Highlights:

Charity Commission investigation:

• Inquiry into eight charities supporting projects in Judea and Samaria, focusing on how charitable funds are used.

Disputed legal framing:

• Hausdorff notes that describing the communities in Judea and Samaria as “illegal Israeli settlements” provides a judgement which contrasts with international legal standings.

Fourth Geneva Convention:

• Hausdorff  explains that Article 49 concerns forcible transfer by states and does not make ordinary charitable activity by non-state organizations unlawful.

Charitable-purpose test:

• The key issue under UK charity law lies in determining whether funds serve legitimate charitable purposes and provide a public benefit.

Contrast with Hamas-linked allegations:

• Financing or operational support for Hamas and other terrorist organizations represents a fundamentally different and more serious regulatory issue which must be distinguished from legitimate and legal charitable activities.

Due diligence:

• The Charity Commission should focus on the parties which partner with charities, where funds ultimately are delivered, and whether trustees provide proper protection for the charitable funds.

Equal standards:

• Hausdorff warns against applying one regulatory standard to Jewish charities while employing a less stringent standard to charities operating in other regions deemed to be disputed territories.

Politicization of regulation:

• Hausdorff argues that politicizing the Charity Commission risks undermining its credibility and emphasizes the need for charity law to be applied without bias or preferences.