Hezbollah’s Fundraising Organisation in Germany

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Square de Meeûs 37 • 1000 Brussels • Belgium • Phone +32 2 213 0040 Fax +32 2 213 0049 • www.europeandemocracy.org EFD Report 1/2009 Hezbollah’s Fundraising Organisation in Germany The Orphans Project Lebanon e.V.(Waisenkinderprojekt Libanon e.V.”) promotes martyrdom in Lebanon with German taxpayers’ money July 2009

description

Hezbollah’s Fundraising Organisation in Germany

Transcript of Hezbollah’s Fundraising Organisation in Germany

Square de Meeûs 37 • 1000 Brussels • Belgium • Phone +32 2 213 0040 Fax +32 2 213 0049 • www.europeandemocracy.org

EFD Report 1/2009

Hezbollah’s

Fundraising

Organisation in

Germany The “Orphans Project Lebanon e.V.” (“Waisenkinderprojekt

Libanon e.V.”) promotes martyrdom in Lebanon with German

taxpayers’ money

July 2009

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ABOUT THE AUTHOR

About the author

Alexander Ritzmann is a Senior Fellow and political analyst at the European Foundation for

Democracy in Brussels. His work focuses on Islamism in Europe as well as the conflict between

freedom and security in the field of counterterrorism. Ritzmann has testified before the U.S.

Congress and the U.S. Department of Homeland Security. He advises members of the German

Bundestag, and the European Parliament.

In 2007, Alexander Ritzmann was a Visiting Fellow at the American Institute for Contemporary

German Studies at Johns Hopkins University in Washington, DC, USA. From 2001 to 2006 he

was a member of the Berlin House of Representatives and Vice-Chairman of the FDP Group, as

well as the ranking member of his group in the Parliamentary Committees for Home Affairs,

Security and Order, Protection of the Constitution and of Personal Data (Ausschuss für Inneres,

Sicherheit und Ordnung, Verfassungsschutz und Datenschutz). From 1995 to 2000 he studied at

the Freie Universität in Berlin, graduating with a master’s degree in political science.

Email: [email protected]

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CONTENTS

Introduction ........................................................................................................................... 4

Executive Summary ............................................................................................................... 5

I. Hezbollah´s activities and objectives ............................................................................ 6

II. Assessment of Hezbollah by security authorities ......................................................... 8

III. Hezbollah's structures and activities in Germany ......................................................... 9

IV. The “Orphans Project Lebanon e.V.” –

Hezbollah's fundraising organisation in Germany ....................................................... 11

V. Past legal measures by the Federal Ministry of the Interior ........................................ 16

VI. Summary Analysis ....................................................................................................... 18

VII. Select Reading ............................................................................................................ 23

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INTRODUCTION

It is known that the Lebanese Hezbollah (“Party of God”) collects donations in Germany. This

money is channeled, either directly or indirectly, into the battle waged by the “Party of God”

against its opponents. It has been suspected for some time that the Orphans Project Lebanon

(Waisenkinderprojekt Libanon e.V.), based in Göttingen, is the German branch of a Hezbollah

sub-organisation.

This paper, following a description of the structure and activities of Hezbollah, will

demonstrate that the Orphans Project Lebanon is affiliated with the Lebanese Al-Shahid

Association. The latter is part of the Hezbollah network and promotes suicide bombings in

Lebanon, with a particular focus on children.

In Germany, financial donations to the Orphans Project Lebanon are tax deductible1 and are

therefore subsidised by the German State.

Federal Minister of the Interior Dr. Wolfgang Schäuble declared in August 2006 that “Hezbollah

[...] is not to collect donations (in Germany)”.2 So far, however, there have been no legal

measures taken against this Hezbollah fundraising organisation in Germany, even though

Hezbollah has among other things, carried out terrorist attacks on civilians, including in Europe.

Moreover, the “Party of God” maintains a guerrilla army in Lebanon, rejects the Lebanese

State's monopoly on legitimate use of force3 and seeks the destruction of Israel. Reports by

Germany’s domestic intelligence agencies, the offices for the Protection of the Constitution,

assert that, with its “violent strategy, Hezbollah contravenes the concept of international

understanding”4 and has developed “networks with strike capability”5 in Germany.

There are also indications that Hezbollah recruits people in Germany through the Orphans

Project Lebanon.6

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EXECUTIVE SUMMARY

• The Göttingen-based Orphans Project Lebanon belongs to the Lebanese Al-Shahid

Association. The latter, disguised as a humanitarian organisation, promotes violence

and terrorism in the Middle East using donations collected in Germany and elsewhere.

The association provides financial support to so-called “martyr families” in Lebanon, for

the purpose of relieving militiamen and assassins of the responsibility to provide for

their families’ future. In this way, the Orphans Project Lebanon encourages engagement

in military and terrorist activities.

• In one survey carried out by the Al-Shahid Association in the schools and day-care

centers it operates, more than 50% of the children declared that their sole aim was to

become a “shahid” or martyr.7

• The association's parent organisation, the Lebanese Hezbollah, is not just fighting its

internal political opponents in Lebanon and Israel with military and terrorist means.8 It

also supports the Palestinian Hamas and the Palestinian Islamic Jihad, both of which

have been classified as terrorist organisations by the European Union.

• Donations to the Orphans Project Lebanon are tax deductible.9 The German State is

therefore legitimising and promoting financial assistance to Hezbollah.

• There are indications that Hezbollah recruits people in Germany through the Göttingen-

based Orphans Project Lebanon.10

• In 2004, the Federal Administrative Court (Bundesverwaltungsgericht) ruled that an

association may be outlawed “if by means of significant financial donations over a long

period of time, it supports a group that introduces violence into peoples’ relations and

if the resulting impairment of peaceful relationships between peoples results from a

corresponding intent on the part of the association.”11

• Previous bans on extremist organisations who act against the concept of international

understanding are precedent for legal measures against this Hezbollah fundraising

organisation.

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I. HEZBOLLAH’s ACTIVITIES AND OBJECTIVES

Hezbollah poses a security and foreign policy dilemma for the German federal government. On

the one hand, the group--which depends on Iran--plays a political and social role and was until

the elections in June this year a participant in the Lebanese government. On the other hand,

the “Party of God” is responsible for terrorist attacks and assassinations in Germany, France,

Argentina and Great Britain that have claimed at least 130 civilian lives.12

In the 1990s, it took

almost 100 Westerners hostage, including German citizens.

Ten hostages lost their lives; others were held for more than five years. It also maintains a

guerrilla army, seeks the destruction of Israel, radicalises Muslims in Europe through its Al-

Manar television station and supports the Palestinian Hamas and the Palestinian Islamic Jihad,

both of which have been classified as terrorist organisations by the EU.

In ideological and religious matters, the “Party of God” follows Iran’s Spiritual Leader, Ayatollah

Seyyed Ali Khamenei, and considers Israel and the USA its main enemies. Its short-term goal is

to drive all Israeli troops out of Lebanon.

Israel, in the early 1980s, was repeatedly attacked by Palestinian terror organisations operating

out of Lebanon. The Israeli army occupied southern Lebanon and established a security zone,

finally withdrawing in 2000. Hezbollah argues that Israel still occupies the Shebaa Farms as well

as seven villages that are claimed by Lebanon despite being in Israel.

Its medium and long-term goals include the “liberation of Jerusalem”, which, according to

Hezbollah's own statements, means the destruction of what it calls the “Zionist entity”. In

addition, a “just” state is to be established in Lebanon. By this it means an Islamist theocracy

based on the Iranian model. Moreover, an endeavour is made to cleanse the Islamic world of

its un-Islamic Western influences. The “Party of God” goes about this in a very pragmatic way

and, in addition to military and terrorist means, uses Lebanon's political structures for its

purposes.

Hezbollah also runs hospitals, to which only women with headscarves have access, and schools

in which, in addition to mathematics and Arabic, a radical interpretation of the Koran is taught.

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It also manages soup kitchens for the poor, agricultural centers, supermarkets, petrol stations

and small banks. In some parts of Lebanon, Hezbollah thereby replaces the weak Lebanese

state.

In mid-December 2008, 49 persons suspected of being Hezbollah members were arrested in

Egypt and accused by the Egyptian Attorney General Abdel-Meguid Mahmoud of providing

logistics support to Hamas and of having planned attacks on targets in Egypt. On 8 April 2009

fifteen further arrests were made.13

Egyptian authorities believe that Hezbollah prepared, among other things, an attack on holiday

resorts in Sinai, which attracts thousands of Israeli and European visitors during the Jewish

Passover and Easter holidays. The arrests and subsequent seizure of weapons and explosives

are said to have prevented these attacks. The Egyptian authorities accuse Hezbollah of acting

on behalf of Iran.14

Is the “Party of God” a political party?

The “Party of God” is also active as a political party, although it does not consider itself a party

in the sense of a democratic group. In its view, there are only two parties: the Party of God

and the Party of Satan.15 Members of the “Party of God” include anyone who works towards

the destruction of Israel, combats the USA, and does not stand in the way of the establishment

of an Islamist theocratic state. In addition, Hezbollah does not have a democratic internal

structure. Despite the fact that it has an estimated 200,000 Lebanese members, only about 200

people can vote: they are members of a council comprising representatives of influential

families and tribes, known as the Shura Council. This council controls all social, economic,

political, military and terrorist activities. In addition, all male members of Hezbollah receive

military training. Mohammed Fannish, a member of the Hezbollah politburo, stated in 2002 in

response to the question of the division of Hezbollah into various wings, that there was no

separation between Hezbollah's military and political arms.16

This means that financial support for a Hezbollah social organisation generates resources for

other activities including military or terrorist plans.

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It is also worth noting that Hezbollah rejects the Palestinian–Israeli peace process and has

described the PLO and its former chairman Yasser Arafat as traitors to the Palestinian cause.

The Palestinians, it argues, do not have the right to make peace at the expense of the Muslim

nation.17

Many Western observers are misled by Hezbollah’s political, social and economic commitment.

But Professor Ahmad Nizar Hamzeh, the renowned expert on Hezbollah’s ideology and

structures, describes it as follows: “Hezbollah is first and foremost a Jihadist movement that

uses political means, not a political party that pursues Jihad.”18

II. ASSESSMENT OF HEZBOLLAH BY SECURITY AUTHORITIES

Hezbollah is classified as a terrorist organisation by the USA, the Netherlands, Canada and

Israel. The Netherlands designation of Hezbollah as a terrorist organisation is based on the fact

that all relevant decisions, whether they concern the social, political, military or terrorist wings,

are made by an executive body, the above-mentioned Shura Council.

Great Britain classifies as terrorist organisations the military wing and the External Security

Organisation (ESO), also known as the External Intelligence Service. Australia has also classified

the ESO as a terrorist organisation.

Imad Mughniyya, the head of the ESO, was on the EU terror list until his violent death in March

2008. In 2005, the European Parliament passed a resolution recognising “clear evidence of

terrorist activities by Hezbollah”. The EU Council was urged to take all necessary measures to

end Hezbollah's terrorist activities.19

In the 2007 annual report of the Federal Office for the Protection of the Constitution

(Jahresbericht des Bundesamtes für Verfassungsschutz 2007)20, the Federal Minister of the

Interior stated that Hezbollah had 900 members in Germany and that it contravenes “the

concept of international understanding” with its “violent strategy”.21

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The report also stated:

“In view of the Iranian president's anti-Israeli and anti-Semitic proclamations and given

the fact that the organisation is under Iran's influence, the security authorities continue

to watch Hezbollah supporters living in Germany”.

A further report by the Office for the Protection of the Constitution states that the “Party of

God” has developed “networks with strike capability” in Germany.22 According to unchallenged

reports by the Federal Criminal Police Office (Bundeskriminalamt) and the Office for the

Protection of the Constitution released to the media in July 2008, Hezbollah is equipped with

the logistics to carry out “major attacks on persons and property in Germany”. In the event of a

crisis in the Middle East, its members could be deployed “at any time for terrorist activities” in

Germany.23

III. HEZBOLLAH’s STRUCTURES AND ACTIVITIES IN GERMANY

In February 2007, the Federal Minister of the Interior declared that the 900 known Hezbollah

supporters in Germany held meetings in 30 cultural and mosque associations across the

country. Meeting places include, for example, the Hamburg Islamic Centre, the Imam Mahdi

Centre in Münster-Hiltrup and the Imam Reza mosque in Berlin. According to the Federal

Minister of the Interior's information, these people support Hezbollah in Lebanon through

fundraising and financial transfers.

The Federal Minister of the Interior claims that the attitude of Hezbollah followers in Germany

is characterised by “extensive and unreserved acceptance of the ideology and policies (of

Hezbollah)”. Repeatedly, representatives of the External Affairs Department travel to Germany

to issue instructions.24

According to the 2008 report of the Baden-Württemberg Office for the Protection of the

Constitution, Hezbollah has

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“…built up a structure in Germany in particular that covers almost the entire country.

The ‘Hizb Allah’ supporters who live here conceal their activities.”

The report also states:

“A Lebanese Shiite sheik and imam had to leave Germany in November 2007 due to a

decision of the Administrative Court of Freiburg of 29 October 2007... In the grounds for

the judgment it was specified that, through his activities in Germany, he supported the

Lebanese Shiite Islamist organisation ‘Hizb Allah’ and thus constitutes a danger to the

interests of Germany.”25

Hezbollah's recruitment activities in Germany may be illustrated by the case of German convert

Steven Smyrek. Smyrek, who was born in Westphalia in 1971, was recruited in Germany by

Hezbollah in 1997. In late August 1997, Smyrek travelled to Lebanon, where he spent two

months in a terrorist training camp learning how to use machine guns and explosives.

On 28 November 1997, Smyrek was arrested at the Tel Aviv airport. His luggage contained a

camera and film, USD $4,000 and Israeli street maps. In August 1999, Smyrek was sentenced by

a Tel Aviv court to ten years imprisonment for supporting a terrorist organisation. On 28

January 2004, he was freed during a major exchange of prisoners between Israel and

Hezbollah.26

A further case of Hezbollah’s recruitment of Muslims in Germany came to light in mid-July

2008. A medical student from Göttingen was arrested in Israel on suspicion of spying for

Hezbollah. Twenty-nine year old Khaled K., a Palestinian with an Israeli passport, had

reportedly been meeting officials of the “Party of God” in Germany for years, also for the

purpose of enlisting more students in Hezbollah activity.

According to the charges, K.’s contact person advised him to find a job in an Israeli hospital in

Haifa where wounded Israeli soldiers are treated, in order to obtain confidential information.

He also allegedly passed on information about Israeli security staff. K. was apparently paid

€2,000 for his work.

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He allegedly received a further €4,000 for providing lists containing the names of Israelis of

Arab origin who, because of their precarious financial situation or their religious convictions,

were also potential targets for recruitment by Hezbollah. In the same year, K. reportedly

provided his contact with detailed aerial photographs of his hometown of Qalansuwa, earning

a further €5,000.27

According to the Israeli indictment, Khaled K.´s point of contact in Germany was the Orphans

Project Lebanon.28

IV. THE ORPHANS PROJECT IN LEBANON – HEZBOLLAH’s FUNDRAISING ORGANISATION IN

GERMANY

The Orphans Project Lebanon association collects donations in Germany and, according to the

German federal government, is affiliated with the Lebanese Al-Shahid Association (martyrs’

association) also known as Ashahid Association.29

According to the description found on its website27 in December 2008, the Orphans Project

Lebanon’s mission is to support the projects of the Al-Shahid Association and to publicise them

in Germany.30

The description also states:

“We want to reduce suffering and offer a future. For this reason, we work closely with

the Al-Shahid Association in Beirut. This organisation is a serious, committed institution

which assists children and families of war victims with sponsorship programmes as well

as training projects and medical care.31

The Orphans Project Lebanon, for example, operates a sponsorship project:

“This project puts sponsors of various nationalities in Germany into contact with the

orphaned children of the Al-Shahid Association.”32

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The “projects” listing states:

“You can obtain a donation receipt that can be submitted to the revenue office.”33

The connection between the Orphans Project Lebanon and the Al-Shahid Association can also

be seen from the logo used: Until a few months ago, both organisations used an identical

emblem showing a bird at a fountain.34

The emblem of the Orphans Project

Lebanon:

The emblem of Hezbollah's Al-Shahid

foundation:

Further evidence of the connection between OPL and “Jamiyaat El Massaii El Khairrya”, should

the Orphans Project Lebanon which is registered in the Stuttgart register of associations under

the number VR 6074, be dissolved, its assets will be transferred to the “Jamiyaat El Massaii El

Khairrya” society roughly translated as the Society for the Common Interest and Charity.

This indicates that the Orphans Project Lebanon has direct ties to the “Jamiyaat El Massaii El

Khairrya” society. This Lebanese-registered organisation is the same thing as “Jamiat Maasasat

Alshahid al Khayriya al Igtimaiya”, also known as the Al-Shahid Association or Ashahid

Association.

The Baden-Württemberg Office for the Protection of the Constitution considers the Orphans

Project Lebanon part of Hezbollah:

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“[Hezbollah] is also financed by means of charitable donations collected abroad by

certain organisations. These include, for instance, the ‘Orphans Project Lebanon’, which

is also active in Baden-Württemberg.”35

In that regard, the District Court of Göttingen declared on 15.12.2008:

“There is no doubt that the donations collected by the ‘Orphans Project Lebanon’

association are made available to the ‘Ashahid (martyr) Association’ in Lebanon and the

defendant has produced substantial and convincing evidence that leads to the

conclusion that this association is affiliated with Hezbollah...”36

The Bremen Office for the Protection of the Constitution reports:

“The ‘Orphans Project Lebanon’ exists in Germany since 1993 and cooperates closely

with the Hezbollah organisation Ashahid Association. It is a welfare organisation within

the Hezbollah Network which tasks are the support of family members of Martyrs … and

the arrangements for sponsors of so called martyr's children.”37

Al-Shahid’s Promotion of Martyrdom

The following is listed as one of the objectives under the Al-Shahid Association's current

website:

• “Working to spread the cult of martyrdom and the resistance struggle.

• Full financial and moral support for relatives of martyrs.” 38

Therefore, according to its own statements, the Al-Shahid Association takes care of the families

of so-called martyrs who are sent on suicide missions and who are encouraged to engage in

militant activity. Jawad Nour-Al-Din, Director-General of the Al-Shahid Association, declared in

a speech on the occasion of the 25th anniversary of the founding of Hezbollah, that he was

proud to serve and help the families of resistance fighters.

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The 11th of November was deliberately chosen as the commemoration date; this was the day

the first Hezbollah suicide bomber, Ahmad Kassir, died.39

Victims of Hezbollah suicide bombers include, in addition to Lebanese and Israelis, 241 US

soldiers and 58 French paratroopers40 who were part of the “Multinational Force in Lebanon”

contingent in 1985, as well as 85 civilians who were killed in the attack on the AMIA Jewish

cultural centre in Buenos Aires in 1994.41

Concerning “martyrdom”, Hezbollah’s Deputy Secretary General Naim Qassem declared in a

television interview on 19 April 2007:

“Martyrdom is something precious, holy, respectable and great; it is not something one

can be reproached for. It is an honour for us to be accused of believing in a cult of

martyrs.”42

In addition, the Al-Shahid Association website contains an address by Hezbollah’s Secretary

General, Hassan Nasrallah, in which Hezbollah's cult of martyrdom is specifically encouraged.

There is also a photograph showing Nasrallah with a child:

The caption reads: “Your brother Hassan Nasrallah.”43

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The Al-Shahid Association’s website contains numerous instances where so-called “martyrs”

are glorified. Loyalty to Hassan Nasrallah and Iran is also a recurrent theme on the Arabic-

language website.

The website contains photos of Nasrallah, his deputy Sheikh Naim Qassem, Hezbollah´s former

top terrorist and head of security, Imad Mughniyya, as well as the Imam Ayatollah Khomeini.

The Al-Shahid Association clearly sees itself as part of Hezbollah's fight against its opponents.

The Al-Shahid Association promotes the ideology of martyrdom, which the west considers

suicide bombings but what the organisation considers, the selfless sacrificing of one's life for

Hezbollah's aims.44

Hezbollah has instilled the cult of martyrdom so deep in Lebanon’s Shiite community that the

death of a family member as “a martyr” is associated with social privilege and advancement.

For example, healthcare for martyrs’ relatives is free.

Prior to Lebanese parliamentary elections, the Al-Shahid Association mobilises all its resources

to support Hezbollah. In the past, families that had been previously supported by the Al-Shahid

Association and that did not vote for Hezbollah saw their financial and moral support cut off.

They lost their privileged status as a martyr family and were branded traitors and schemers.

In one survey carried out by the Al-Shahid Association in the schools and day-care centers it

operates, more than 50% of the children declared that their sole aim was later to become a

“shahid” or martyr.45

On 24 July 2007 the US government added the Al-Shahid Association to the US terrorism list

along with organisations involved in terrorist activities, whose American assets and property

were seized or frozen.46

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In summary, Germany unwittingly is supporting Hezbollah because:

1. The Orphans Project Lebanon is part of the “Al-Shahid/Ashahid Association,”

part of Hezbollah. This means that donations to Hezbollah are tax deductible in

Germany.

2. It is easier to recruit Hezbollah fighters or terrorists because they know that their

families will receive funds. In that respect, support for surviving relatives cannot

be distinguished from the overall context of the fight against Hezbollah's

enemies. Rather, this support is an essential part of a general military and

terrorist strategy.

V. PAST LEGAL MEASURES BY THE FEDERAL MINISTRY OF THE INTERIOR

According to Article 9 Paragraph 2 of the German Basic Law, associations are banned, if their

purpose or actions violate criminal law or if they act against the constitutional order or act

against the peaceful understanding among nations (Völkerverständigung).” The Act Governing

Private Associations (Vereinsgesetz) from 1964 (amended several times since then) gives the

Federal Minister of the Interior the power to ban associations which operate nationwide. If an

association is operating only within one state, the State Minister of the Interior has jurisdiction.

The Göttingen based Orphans Project Lebanon has a branch office in Stuttgart and collects

money nationwide.

There are at least two precedents of action being taken by the Federal Ministry of the Interior

(Bundesministerium des Inneren – BMI) against Hezbollah entities.

Ban on Al-Aqsa e.v.

On 31 July 2002, Al-Aqsa e.V., the fundraising association of the Palestinian HAMAS, was

outlawed and dissolved. The ban was issued on the basis of § 14 Par. 2 No. 4 and 5 of the Act

Governing Private Associations (Vereinsgesetz – VereinsG) as well as VereinsG § 3 Par. 1.

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The ban order stated:

Al-Aqsa e.V. supports, advocates and provokes the use of force in the attainment of

political, religious and other interests; it supports an organisation located outside

federal territory that arranges attacks against persons and property and opposes the

concept of international understanding.”47

The ban was upheld by the Federal Administrative Court in 2004. The Court declared, among

other things, that Al-Aqsa e.V. fulfilled

“the objective criteria for the ban. It indirectly contributed to the violence introduced by

the Palestinian resistance movement HAMAS into the relations between the Palestinian

and Israeli people by providing significant financial support over a long period of time to

so-called social associations based in Palestine that are affiliated with HAMAS.”48

The comments of the Minister for the Interior at the time, Otto Schily, concerning the grounds

for the ban of Al-Aqsa e.V. are instructive in evaluating the Orphans Project Lebanon e.V.:

“With the donations it collects, Al-Aqsa e.V. supports violence and terror in the Middle

East under the cover of humanitarian social objectives. It has approved financial support

for so-called “martyr families” in Palestine, relatives of suicide bombers in particular.

This is designed to relieve potential assassins of the burden of having to provide for their

families’ material future. In this way, Al-Aqsa e.V. encourages the willingness to carry

out such attacks. In addition, the organisation has channelled donations to the

Palestinian-Islamist terror organisation HAMAS, partly by way of seemingly innocent aid

organisations”.49

Ban on Al-Manar TV Channel

On 29 October 2008, Hezbollah’s Al-Manar TV station was banned in all locations that fell

under the umbrella of the Act Governing Private Associations50.

The ban order stated:

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“The activities of the broadcasting company Al-Manar TV, which can be received in

Germany, violate criminal law and oppose the concept of international understanding.

In addition, the activities of ‘Al-Manar TV’ impair and jeopardise the peaceful

cohabitation of Germans and aliens and of various groups of aliens within federal

territory, public security and order and other significant interests of the Federal Republic

of Germany. The objective and activities of Al-Manar TV support, advocate and

encourage violence as a means of implementing political and religious interests and

support organisations located outside federal territory that arrange, advocate and

threaten attacks on persons or property”.51

VI. SUMMARY ANALYSIS

It is clear that the Orphans Project Lebanon e.V. is part of the Lebanese Al-Shahid Association.

The latter promotes violence and terror in the Middle East under the cover of humanitarian

objectives, with donations collected in Germany and elsewhere. The association approves

financial support for so-called “martyr families” in Lebanon, for the purpose of relieving

potential Hezbollah militiamen and terrorists of the responsibility to provide for their families’

future. The Orphans Project Lebanon e.V. thus encourages the willingness to engage in military

and terrorist activities. The association's parent organisation, the Lebanese Hezbollah, is

therefore fighting its internal political opponents52 in Lebanon and Israel not just with military

and terrorist means. It also supports the Palestinian HAMAS and the Palestinian Islamic Jihad,

both of which have been classified as terrorist organisations by the EU.

In its decision of December 2004 concerning the HAMAS fundraising organisation Al-Aqsa e.V.,

the Federal Administrative Court established the following principle:

“An association opposes the concept of international understanding within the meaning

of VereinsG § 3 paragraph 1 sentence 1 in conjunction with Basic Law Art. 9 paragraph 2

if, by means of significant financial donations over a long period of time, it supports a

group that introduces violence into peoples’ relations and if the resulting impairment of

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peaceful relationships between peoples results from a corresponding intent on the part

of the association.”53

On the basis of the information presented, the Orphans Project Lebanon e.V. fulfils the Federal

Administrative Court’s criteria for issuance of a ban.

As evidenced by previous bans imposed by Germany on extremist organisations who act

against the concept of “international understanding,” legal measures against this Hezbollah

fundraising organisation are available in Germany.

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VII. SELECT READING

- Achar, Gilbert and Warschawske, Michel, “The 33-Day War”, London 2007

- Diaz, Tom und Newmann, Barbara, „Lightning out of Lebanon”, New York 2005

- Ghadban, Ralph, “Die Libanon-Flüchtlinge in Berlin”, Berlin 2000

- Hamzeh, Ahmad Nizar: In the Path of Hezbollah, New York 2004

- Hoffman, Bruce, “Inside Terrorism”, New York 2006

- Kepel, Gilles, Jihad, “The Trail of Political Islam”, London 2008

- Mandaville, Peter, “Global Political Islam”, New York 2007

- Norton, Augustus Richard, “Hezbollah – A Short History”, Princeton 2007

- Palmer Harik, Judith, “Hezbollah, The Changing Face Of Terrorism”, New York 2007

- Phares, Walid, “The Wars of Ideas, Jihadism against Democracy”, New York 2007 and

“Future Jihad”, New York 2005

- Qassem, Naim, “Hizbullah, The Story from Within”, London 2005

- Ranstorp, Magnus, “Hizb´Allah in Lebanon”, New York 1997

- Saad-Ghorayeb, “Amal: Hizbu`llah, Politics and Religion”, London 2002

- Sageman, Marc, “Leaderless Jihad, Terrorist Networks in the Twenty-First Century”,

Philadelphia 2008

- Sakami, Manuel Samir, „Der Weg der Hisbollah”, Berlin 2008

- Wahdat-Hagh, Wahied, “Die Islamische Republik Iran”, Berlin 2003

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1

„You can obtain a donation receipt that can be submitted to the revenue office.”

http://web.archive.org/web/20040415225513/www.wkplibanon.de/deutsch/Startdeutsch.html 05.November

2008

2 http://www.spiegel.de/politik/deutschland/0,1518,433755,00.html

3 http://www.neues-deutschland.de/artikel/148582.wir-akzeptieren-kein-staatliches-gewaltmonopol.html

4 http://www.verfassungsschutz.de/download/SHOW/vsbericht_2007.pdf , p. 206

5 Hessisches Ministerium für Inneres und Sport, Verfassungsschutzbericht 2003, p. 33

6 http://www.br-online.de/das-erste/report-muenchen/report-hisbollah-heiliger-krieg-ID1224845929847.xml

7 Hizbullah's pulse : into the dilemma of Al-Shahid and Jihad Al-Bina Foundations / Dima Danawi. - 1. ed.. -

[Beirut : Friedrich-Ebert-Stiftung], 2002, S. 18, http://library.fes.de/pdf-files/bueros/vifa-nahost/a03_01590.pdf

8 http://www.spiegel.de/politik/ausland/0,1518,552612,00.html

9 “You can obtain a donation receipt that can be submitted to the revenue office.”

http://web.archive.org/web/20040415225513/www.wkplibanon.de/deutsch/Startdeutsch.html 05.November

2008

10 http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Terrorism+from+Lebanon-

+Hizbullah/Arrest%20of%20Hizbullah%20agent%20from%20Kalansua%206-Aug-2008

11 BVerwG, Verdict of 3. 12. 2004 - 6 A 10. 0, Absatz 20, http://lexetius.com/2004,3556

12 Ranstorp, Magnus, “Hizb´Allah in Lebanon“, New York 1997, p.33

13 http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=2&article_id=100846

14 http://www.jpost.com/servlet/Satellite?cid=1238562948224&pagename=JPost%2FJPArticle%2FShowFull

15 The “Party of God” is quoted in the Koran (Suras 5 und 58), promising victory to all obedient Muslims over the

Party of the Devil.

16 Al-Manar Television, 18. Januar, 2002

17 Saad-Ghorayeb, “Amal: Hizbu`llah, Politics and Religion”, London 2002, p. 152

18 Hamzeh, Ahmad Nizar: In the Path of Hezbollah, p.33

19http://europa.eu/rapid/pressReleasesAction.do?reference=DN/05/107&format=HTML&aged=1&language=DE&

guiLanguage=en

20 http://www.verfassungsschutz.de/download/SHOW/vsbericht_2007.pdf p. 184

21 Ibid. p. 206

22 Hesse Ministery of the Interior, Annual Report for the Protection of the Constitution 2003, p. 33

23 http://www.focus.de/politik/deutschland/terror-bka-warnt-vor-hisbollah-anschlaegen_aid_323569.html

22

22

24

German Parliament „Bundestag“, Parliamentary Question (16/4344)

25 Annual Report for the Protection of the Constitution Baden-Würtemberg 2008, p. 61

26 http://www.ndrtv.de/doku/20040114_fuerallah_smyrek.html

27 http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Terrorism+from+Lebanon-

+Hizbullah/Arrest%20of%20Hizbullah%20agent%20from%20Kalansua%206-Aug-2008

28 Ibid

29 German Parliament “Bundestag”, Document 16/4344

30 The „Orhhans Project Lebanon“ has recently established a new website where the referred content is missing

http://www.wkpl.de/index.html

31 http://web.archive.org/web/20040415225513/www.wkplibanon.de/deutsch/Startdeutsch.html

Stand: 05.November 2008

32 Ibid

33 Ibid

34 http://web.archive.org/web/20040330005603/http://www.wkplibanon.de/ Stand: 05.November 2008

http://www.alshahid.org/essaydetails.php?eid=41&cid=305 Stand: 05.November 2008

35 http://www.verfassungsschutz-bw.de/kgi/islam_orgs_hizballah.htm The quote has been removed from the

website on May 27 2009

36 District Court Göttingen, Document: 6 O 19/08, p. 12

37 http://bremen.de/fastmedia/36/verfassungsschutzbericht-2006.pdf , p.66

38 http://www.alshahid.org/essaydetails.php?eid=41&cid=305 Stand: 05.November 2008

39 Ibid

40 Ranstorp, Magnus, “Hizb´Allah in Lebanon“, New York 1997, p. 89-90

41 http://news.bbc.co.uk/2/hi/americas/7083848.stm

42 http://www.verfassungsschutz-bw.de/downloads/jabe/2007/JABE2007-pf.pdf

43 http://www.alshahid.org/essaydetails.php?eid=41&cid=305 05.November 2008

44 Hizbullah's pulse : into the dilemma of Al-Shahid and Jihad Al-Bina Foundations / Dima Danawi. - 1. ed.. -

[Beirut : Friedrich-Ebert-Stiftung], 2002, S. 18, http://library.fes.de/pdf-files/bueros/vifa-nahost/a03_01590.pdf

45

Ibid p.18

46 http://www.treas.gov/offices/enforcement/ofac/actions/20070724.shtml

47 Federal Ministry of the Interior, Ban Order Al Aqsa e.V., Berlin, 31 Juli 2002

23

23

48

Federal Administrative Court Germany, Verdict of 3. 12. 2004 - 6 A 10. 0, Clause 20,

http://lexetius.com/2004,3556

49 http://www.marktplatz- recht.de/559/?no_cache=1&tx_ttnews[pS]=1210412076&tx_ttnews[pointer]=43&tx_

ttnews[tt_news]=44532&tx_ttnews[backPid]=1064

50 “Al-Manar TV“ station was banned in the geographical areas that came under the scope of the Act Governing

Private Associations in accordance with § 3 paragraph 1, § 14 paragraph 2 No. 1, 4, 5 in conjunction with § 15

paragraph 1 and § 18 paragraph 2 of the Act Governing Private Associations (VereinsG) of 05.08.1964 (German

Law Gazette I p. 593), last amended by Art. 6 of the Act of 21 December 2007 (German Law Gazette I p. 3198), in

conjunction with Art. 9 paragraph 2 of the Basic Law.

51 Federal Ministry of the Interior, Ban Order Al Manar TV, Berlin, 29. Oktober 2008

52 http://www.spiegel.de/politik/ausland/0,1518,552612,00.html

53 Federal Adminstrative Court Germany, Verdict of 3. 12. 2004 - 6 A 10. 02, http://lexetius.com/2004,3556