Our Political Humanism and Its Unintended Consequences

By Azizah al-Hibri*
February 22, 2023

Tens of thousands of people, both in Turkey and Syria lost their lives, families, and/or homes since February 9 th , in the on-going earthquake of the century.  Food, medicine, clothing, tents, and heavy and smart equipment to save lives under the rubble, were made available relatively quickly by the world community.  However, the view was quite different from those parts of Syria sanctioned by our government under the Caesar Syrian Civilian Protection Act (Caesar Act), among other laws.
On that dark side of the moon, workers were digging with their bare hands to save someone here or there whose moan they may have heard under the rubble.  Those in mass kitchens trying to feed the surviving victims struggled to get enough food and bottles of gas to cook it.  No, Syria is not a primitive country.  In the not-too-distant past, its citizens had free medical services and free education.  People from surrounding countries spent weekends in Syria to shop in its reasonably-priced
markets.  Then, debt-free Syria was self-sufficient with significant major assets including oil and wheat outputs from its own fields.  But it also had serious political problems, and its government was dogged by allegations of human rights violations.  Ultimately, in 2011, armed opposition militias appeared and the country descended into a protracted civil war.

These conditions resulted in the recent wave of immigration to Europe and the US.   Now the Syrians have an earthquake under more severe conditions. In these challenging times, the Syrian government cannot access its oil and wheat to help the victims because our government, using its military power, has appropriated them.  (Did you know that we occupy a large
part of Syria? Are we risking another regional war?)  Furthermore, our Caesar Act punishes anyone who dares to export these goods, among others, to Syria.  So, innocent Syrian citizens have been forced to return to the Stone Age.
On February 9, of this year our government took pity on those workers’ primitive conditions and issued General License 23 that permitted transactions related to the earthquake relief efforts in Syria that were otherwise prohibited by the Caesar Act.  Well, yes, but so long as the financial institution involved does not know “or have reason to know” that the fund transfer is not in compliance with paragraph (a) of the license,

and paragraph (a) refers us to the exceptions in paragraph (b) which refers us to sections in the Syrian Sanctions Regulations.  But not to worry, because the State Department press release of February 9 th  of this year states very clearly that if you are somehow confused by all of this, you only need to contact OFAC (Office of Foreign Assets Control) directly to seek specific licenses or guidance, and you have 180 days for all of this, including the reconstruction of this destroyed part of Syria.
Oh well, there dies aunt Fatima and her neighbor Antoinette under the rubble, and their children can sleep under a dead tree.  Let us give the two a quick funeral while we wait for legal determinations, and the banks’ good will to make risky transfers or jump through hoops.
Fortunately, OFAC realized the shortcomings of GL23, so it issued on February 21 its “Guidance on Authorized Transactions Related to Earthquakes Relief Efforts in Syria.”  This is a multipage document utilizing a Q&A approach which is much easier to read. It is supposed to clarify many of our GL23 concerns.  I read it quickly, but as a retired law professor, I could not help but admire this document.  It succeeded in making everything look so simple, that is, unless you notice the
exceptions and references to other laws and regulations sprinkled throughout.  If you happen to be an average U.S. citizen who wants to help but cannot follow all the exceptions and referrals, you can contact BIS (Bureau of Industry and Security) by email or call OFAC on some of these issues but not necessarily all.  If you want to be really careful, hire a lawyer.  Lawyers would love to help you figure things out. The US government has surrounded all its long-arm sanctions against the Syrian people living within areas controlled by the Syrian government that it does not like, with what appears to be oodles of human rights exceptions and proclamations.  Today, however, the effect of these sanctions is sadly too clear.  Thousands of fatalities under the rubble on the dark side of the moon could have been avoided had equipment arrived quickly.  Even today, all these humanitarian exceptions are limited mostly to short term support such as the transfer of money and the export of medicine, food, temporary shelter, health services, drought relief, search and rescue operations, temporary shelters (but not
permanent housing).
In a country in which thousands of buildings collapsed within seconds into dust, the Syrian minister of Public Works announced a few days ago that he is working on preparing 300 pre-fab residential units within a month (really?).   Isn’t this a great time for our government to show its humanitarian bent, and step in to permit, even accelerate, the building of
permanent homes for the people in disaster areas anywhere in Syria?  As of now, the regulations appear to permit only repairing

hospitals and rebuilding museums.  Oh, and democracy building of course! I am sure this is the perfect time for our NGO’s to be engaging in democracy building with those sanctioned Syrian people who are sleeping in the open air.
No wonder then that 550 charitable organizations in Damascus and its surrounding rural areas issued a call to the international community to end its unilateral sanctions against Syria.  Is anyone listening to this human tragedy?  These suffering people are not much different from the victims to the north who are getting the overwhelming bulk of donations
and support.  In fact, many of the two groups are relatives.  Indeed, this is a family feud gone bad.  Why are we taking sides?  Why do we keep layering our interventions in that part of the world?  May be gaining the good will of the people there is less costly.
We, proud Arab Americans who actually believe in our American constitution, and in our valuable contributions to this country, wonder what is left of the claim of our government as the champion of human rights. Notice, I said “our government,” not “this country,” because the American people have always demonstrated their innate goodness,
when they were properly informed.  We need a government that looks like our people and reflects our national values, not a government that runs to lawyers to wrap obstacles around every potential humanitarian gesture.
President Biden, it is time to lift all these obstacles.  No need to risk another immigration wave or a regional war.  Our hands are full already.  Let your heart go out this time for those “Other” human beings.  These “Other” Syrians have mothers and babies too.  Please repeal Syrian sanctions immediately.  Save a life today, and let’s talk politics tomorrow.
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* Law professor emerita and former USCRF commissioner.