Follow by Email

Friday, September 19, 2014

Security Council Resolution 2178 on Foreign Terrorist Fighters (FTFs)

United States of America: draft resolution

The Security Council,
Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and remaining determined to contribute further to enhancing the effectiveness of the overall effort to fight this scourge on a global level,
Noting with concern that the terrorism threat has become more diffuse, with an increase, in various regions of the world, of terrorist acts including those motivated by intolerance or extremism, and expressing its determination to combat this threat,
Bearing in mind the need to address the conditions conducive to the spread of terrorism, and affirming Member States’ determination to continue to do all they can to resolve conflict and to deny terrorist groups the ability to put down roots and establish safe havens to address better the growing threat posed by terrorism,
Emphasizing that terrorism cannot and should not be associated with any religion, nationality or civilization,
Recognizing that international cooperation and any measures taken by Member States to prevent and combat terrorism must comply fully with the Charter of the United Nations,
Reaffirming its respect for the sovereignty, territorial integrity and political independence of all States in accordance with the Charter,
Reaffirming that Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort and notes the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and noting that failure to comply with these and other international obligations, including under the Charter of the United Nations, is one of the factors contributing to increased radicalization and fosters a sense of impunity,
Expressing grave concern over the acute and growing threat posed by foreign terrorist fighters, namely individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, including in connection with armed conflict, and resolving to address this threat,
Expressing grave concern about those who attempt to travel to become foreign terrorist fighters,
Concerned that foreign terrorist fighters increase the intensity, duration and intractability of conflicts, and also may pose a serious threat to their States of origin, the States they transit and the States to which they travel, as well as States neighbouring zones of armed conflict in which foreign terrorist fighters are active and that are affected by serious security burdens, and noting that the threat of foreign terrorist fighters may affect all regions and Member States, even those far from conflict zones, and expressing grave concern that foreign terrorist fighters are using their extremist ideology to promote terrorism,
Expressing concern that international networks have been established by terrorists and terrorist entities among States of origin, transit and destination through which foreign terrorist fighters and the resources to support them have been channelled back and forth,
Expressing particular concern that foreign terrorist fighters are being recruited by and are joining entities such as the Islamic State in Iraq and the Levant (ISIL), the Al-Nusrah Front (ANF) and other cells, affiliates, splinter groups or derivatives of Al-Qaida, as designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011), recognizing that the foreign terrorist fighter threat includes, among others, individuals supporting acts or activities of Al-Qaida and its cells, affiliates, splinter groups, and derivative entities, including by recruiting for or otherwise supporting acts or activities of such entities, and stressing the urgent need to address this particular threat,
Recognizing that addressing the threat posed by foreign terrorist fighters requires comprehensively addressing underlying factors, including by preventing radicalization to terrorism, stemming recruitment, inhibiting foreign terrorist fighter travel, disrupting financial support to foreign terrorist fighters, countering violent extremism, which can be conducive to terrorism, countering incitement to terrorist acts motivated by extremism or intolerance, promoting political and religious tolerance, economic development and social cohesion and inclusiveness, ending and resolving armed conflicts, and facilitating reintegration and rehabilitation,
Recognizing also that terrorism will not be defeated by military force, law enforcement measures, and intelligence operations alone, and underlining the need to address the conditions conducive to the spread of terrorism, as outlined in Pillar I of the United Nations Global Counter-Terrorism Strategy (A/RES/60/288),
Expressing concern over the increased use by terrorists and their supporters of communications technology for the purpose of radicalizing to terrorism, recruiting and inciting others to commit terrorist acts, including through the internet, and financing and facilitating the travel and subsequent activities of foreign terrorist fighters, and underlining the need for Member States to act cooperatively to prevent terrorists from exploiting technology, communications and resources to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law,
Noting with appreciation the activities undertaken in the area of capacity building by United Nations entities, in particular entities of the Counter-Terrorism Implementation Task Force (CTITF), including the United Nations Office of Drugs and Crime (UNODC) and the United Nations Centre for Counter-Terrorism (UNCCT), and also the efforts of the Counter Terrorism Committee Executive Directorate (CTED) to facilitate technical assistance, specifically by promoting engagement between providers of capacity-building assistance and recipients, in coordination with other relevant international, regional and subregional organizations, to assist Member States, upon their request, in implementation of the United Nations Global Counter-Terrorism Strategy,
Noting recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, and noting the work of the Global Counterterrorism Forum (GCTF), in particular its recent adoption of a comprehensive set of good practices to address the foreign terrorist fighter phenomenon, and its publication of several other framework documents and good practices, including in the areas of countering violent extremism, criminal justice, prisons, kidnapping for ransom, providing support to victims of terrorism, and community-oriented policing, to assist interested States with the practical implementation of the United Nations counter-terrorism legal and policy framework and to complement the work of the relevant United Nations counter-terrorism entities in these areas,
Noting with appreciation the efforts of INTERPOL to address the threat posed by foreign terrorist fighters, including through global law enforcement information sharing enabled by the use of its secure communications network, databases, and system of advisory notices, procedures to track stolen, forged identity papers and travel documents, and INTERPOL’s counter-terrorism fora and foreign terrorist fighter programme,
Having regard to and highlighting the situation of individuals of more than one nationality who travel to their states of nationality for the purpose of the perpetration, planning, preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and urging States to take action, as appropriate, in compliance with their obligations under their domestic law and international law, including international human rights law,
Calling upon States to ensure, in conformity with international law, in particular international human rights law and international refugee law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, including by foreign terrorist fighters,
Reaffirming its call upon all States to become party to the international counter-terrorism conventions and protocols as soon as possible, whether or not they are a party to regional conventions on the matter, and to fully implement their obligations under those to which they are a party,
Noting the continued threat to international peace and security posed by terrorism, and affirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts, including those perpetrated by foreign terrorist fighters,

Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the violent extremism, which can be conducive to terrorism, sectarian violence, and the commission of terrorist acts by foreign terrorist fighters, and demands that all foreign terrorist fighters disarm and cease all terrorist acts and participation in armed conflict;
2. Reaffirms that all States shall prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents, underscores, in this regard, the importance of addressing, in accordance with their relevant international obligations, the threat posed by foreign terrorist fighters, and encourages Member States to employ evidence-based traveller risk assessment and screening procedures including collection and analysis of travel data, without resorting to profiling based on stereotypes founded on grounds of discrimination prohibited by international law;
3. Urges Member States, in accordance with domestic and international law, to intensify and accelerate the exchange of operational information regarding actions or movements of terrorists or terrorist networks, including foreign terrorist fighters, especially with their States of residence or nationality, through bilateral or multilateral mechanisms, in particular the United Nations;
4. Calls upon all Member States, in accordance with their obligations under international law, to cooperate in efforts to address the threat posed by foreign terrorist fighters, including by preventing the radicalization to terrorism and recruitment of foreign terrorist fighters, including children, preventing foreign terrorist fighters from crossing their borders, disrupting and preventing financial support to foreign terrorist fighters, and developing and implementing prosecution, rehabilitation and reintegration strategies for returning foreign terrorist fighters;
5. Decides that Member States shall, consistent with international human rights law, international refugee law, and international humanitarian law, prevent and suppress the recruiting, organizing, transporting or equipping of individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and the financing of their travel and of their activities;
6. Recalls its decision, in resolution 1373 (2001), that all Member States shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice, and decides that all States shall ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of the offense:
(a) their nationals who travel or attempt to travel to a State other than their States of residence or nationality, and other individuals who travel or attempt to travel from their territories to a State other than their States of residence or nationality, for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training;
(b) the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to finance the travel of individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training; and,
(c) the wilful organization, or other facilitation, including acts of recruitment, by their nationals or in their territories, of the travel of individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training;
7. Expresses its strong determination to consider listing pursuant to resolution 2161 (2014) individuals, groups, undertakings and entities associated with Al-Qaida who are financing, arming, planning, or recruiting for them, or otherwise supporting their acts or activities, including through information and communications technologies, such as the internet, social media, or any other means;
8. Decides that, without prejudice to entry or transit necessary in the furtherance of a judicial process, including in furtherance of such a process related to arrest or detention of a foreign terrorist fighter, Member States shall prevent the entry into or transit through their territories of any individual about whom that State has credible information that provides reasonable grounds to believe that he or she is seeking entry into or transit through their territory for the purpose of participating in the acts described in paragraph 6, including any acts or activities indicating that an individual, group, undertaking or entity is associated with Al-Qaida, as set out in paragraph 2 of resolution 2161 (2014), provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals or permanent residents;
9. Calls upon Member States to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”), and further calls upon Member States to report any such departure from their territories, or such attempted entry into or transit through their territories, of such individuals to the Committee, as well as sharing this information with the State of residence or nationality, as appropriate and in accordance with domestic law and international obligations;
10. Stresses the urgent need to implement fully and immediately this resolution with respect to foreign terrorist fighters, underscores the particular and urgent need to implement this resolution with respect to those foreign terrorist fighters who are associated with ISIL, ANF and other cells, affiliates, splinter groups or derivatives of Al-Qaida, as designated by the Committee, and expresses its readiness to consider designating individuals associated with Al-Qaida who commit the acts specified in paragraph 6 under resolution 2161 (2014);

International Cooperation
11. Calls upon Member States to improve international, regional, and subregional cooperation, if appropriate through bilateral agreements, to prevent the travel of foreign terrorist fighters from or through their territories, including through increased sharing of information for the purpose of identifying foreign terrorist fighters, the sharing and adoption of best practices, and improved understanding of the patterns of travel by foreign terrorist fighters, and for Member States to act cooperatively when taking national measures to prevent terrorists from exploiting technology, communications and resources to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law;
12. Recalls its decision in resolution 1373 (2001) that Member States shall afford one another the greatest measure of assistance in connection with criminal investigations or proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, and underlines the importance of fulfilling this obligation with respect to such investigations or proceedings involving foreign terrorist fighters;
13. Encourages Interpol to intensify its efforts with respect to the foreign terrorist fighter threat and to recommend or put in place additional resources to support and encourage national, regional and international measures to monitor and prevent the transit of foreign terrorist fighters, such as expanding the use of INTERPOL Special Notices to include foreign terrorist fighters;
14. Calls upon States to help build the capacity of States to address the threat posed by foreign terrorist fighters, including to prevent and interdict foreign terrorist fighter travel across land and maritime borders, in particular the States neighbouring zones of armed conflict where there are foreign terrorist fighters, and welcomes and encourages bilateral assistance by Member States to help build such national capacity;

Countering Violent Extremism in Order to Prevent Terrorism
15. Underscores that countering violent extremism, which can be conducive to terrorism, including preventing radicalization, recruitment, and mobilization of individuals into terrorist groups and becoming foreign terrorist fighters is an essential element of addressing the threat to international peace and security posed by foreign terrorist fighters, and calls upon Member States to enhance efforts to counter this kind of violent extremism;
16. Encourages Member States to engage relevant local communities and non-governmental actors in developing strategies to counter the violent extremist narrative that can incite terrorist acts, address the conditions conducive to the spread of violent extremism, which can be conducive to terrorism, including by empowering youth, families, women, religious, cultural and education leaders, and all other concerned groups of civil society and adopt tailored approaches to countering recruitment to this kind of violent extremism and promoting social inclusion and cohesion;
17. Recalls its decision in paragraph 14 of resolution 2161 (2014) with respect to improvised explosive devices (IEDs) and individuals, groups, undertakings and entities associated with Al-Qaida, and urges Member States, in this context, to act cooperatively when taking national measures to prevent terrorists from exploiting technology, communications and resources, including audio and video, to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law;
18. Calls upon Member States to cooperate and consistently support each other’s efforts to counter violent extremism, which can be conducive to terrorism, including through capacity building, coordination of plans and efforts, and sharing lessons learned;
19. Emphasizes in this regard the importance of Member States’ efforts to develop non-violent alternative avenues for conflict prevention and resolution by affected individuals and local communities to decrease the risk of radicalization to terrorism, and of efforts to promote peaceful alternatives to violent narratives espoused by foreign terrorist fighters, and underscores the role education can play in countering terrorist narratives;

United Nations Engagement on the Foreign Terrorist Fighter Threat
20. Notes that foreign terrorist fighters and those who finance or otherwise facilitate their travel and subsequent activities may be eligible for inclusion on the Al-Qaida Sanctions List maintained by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011) where they participate in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, Al-Qaida, supplying, selling or transferring arms and related materiel to, or recruiting for, or otherwise supporting acts or activities of Al-Qaida or any cell, affiliate, splinter group or derivative thereof, and calls upon States to propose such foreign terrorist fighters and those who facilitate or finance their travel and subsequent activities for possible designation;
21. Directs the Committee established pursuant to resolution 1267 (1999) and 1989 (2011) and the Analytical Support and Sanctions Monitoring Team, in close cooperation with all relevant United Nations counter-terrorism bodies, in particular CTED, to devote special focus to the threat posed by foreign terrorist fighters recruited by or joining ISIL, ANF and all groups, undertakings and entities associated with Al-Qaida;
22. Encourages the Analytical Support and Sanctions Monitoring Team to coordinate its efforts to monitor and respond to the threat posed by foreign terrorist fighters with other United Nations counter-terrorism bodies, in particular the CTITF;
23. Requests the Analytical Support and Sanctions Monitoring Team, in close cooperation with other United Nations counter-terrorism bodies, to report to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) within 180 days, and provide a preliminary oral update to the Committee within 60 days, on the threat posed by foreign terrorist fighters recruited by or joining ISIL, ANF and all groups, undertakings and entities associated with Al-Qaida, including:
(a) a comprehensive assessment of the threat posed by these foreign terrorist fighters, including their facilitators, the most affected regions and trends in radicalization to terrorism, facilitation, recruitment, demographics, and financing; and
(b) recommendations for actions that can be taken to enhance the response to the threat posed by these foreign terrorist fighters;
24. Requests the Counter-Terrorism Committee, within its existing mandate and with the support of CTED, to identify principal gaps in Member States’ capacities to implement Security Council resolutions 1373 (2001) and 1624 (2005) that may hinder States’ abilities to stem the flow of foreign terrorist fighters, as well as to identify good practices to stem the flow of foreign terrorist fighters in the implementation of resolutions 1373 (2001) and 1624 (2005), and to facilitate technical assistance, specifically by promoting engagement between providers of capacity-building assistance and recipients, especially those in the most affected regions, including through the development, upon their request, of comprehensive counter-terrorism strategies that encompass countering violent radicalization and the flow of foreign terrorist fighters, recalling the roles of other relevant actors, for example the Global Counterterrorism Forum;
25. Underlines that the increasing threat posed by foreign terrorist fighters is part of the emerging issues, trends and developments related to resolutions 1373 (2001) and 1624 (2005), that, in paragraph 5 of resolution 2129 (2013), the Security Council directed CTED to identify, and therefore merits close attention by the Counter-Terrorism Committee, consistent with its mandate;
26. Requests the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and the Counter-Terrorism Committee to update the Security Council on their respective efforts pursuant to this resolution;
27. Decides to remain seized of the matter.
Follow me on Twitter @NabilAbiSaab

Draft PRST on Iraq/ ISIL

DRAFT PRST – IRAQ (SILENCE)

The Security Council welcomes the newly formed Government of Iraq and calls on the international community to support its efforts to strengthen further democratic institutions, to maintain security and combat terrorism and to create a safe, stable and prosperous future for the people of Iraq.  The Security Council reaffirms its support for the independence, sovereignty, unity, and territorial integrity of Iraq and reaffirms further the purposes and principles of the Charter of the United Nations. 

The Security Council underscores the need for all segments of the Iraqi population to participate in the political process and engage in political dialogue.  [S/Res/2169]  The Security Council is encouraged by the Iraqi Government’s commitment to resolve longstanding issues through an inclusive political process and consistent with the Iraqi Constitution and look forward to implementation of this commitment through its new national agenda. The Security Council encourages Iraq’s leaders to accelerate implementation of this agenda and national reconciliation [S/PRST/2010/23] to address the needs of Iraq’s diverse communities.  

The Security Council also urges Member States to work closely with the Government of Iraq to identify how best the international community can aid implementation of the new Iraqi agenda.  The Security Council reaffirms its full support for the UN Assistance Mission for Iraq in advising and assisting the Iraqi people and the Government of Iraq in strengthening democratic institutions and advancing inclusive political dialogue. [S/Res/2169, pp11]

The Security Council strongly condemns attacks by terrorist organizations, including the terrorist organization operating under the name “Islamic State in Iraq and the Levant” (ISIL) and associated armed groups, in Iraq, Syria, and Lebanon and emphasizes that this large-scale offensive poses a major threat to the region.  The Security Council expresses again its deep outrage about all Iraqis as well as nationals of other states who have been killed, kidnapped, raped, or tortured by ISIL, as well as its recruitment and use of children.  The Security Council stresses the need that those who have committed or are otherwise responsible for violations of international humanitarian law or violations or abuses of human rights in Iraq must be held accountable, [S/Res/2170] noting that some of these acts  may constitute war crimes and crimes against humanity.   The Security Council stresses the need for those responsible for such violations of international humanitarian law or violations or abuses of human rights to be held to account, and calls upon the Government of Iraq and the international community to work towards ensuring that all perpetrators are brought to justice.

The Security Council welcomes the Government of Iraq’s efforts, in association with local and regional authorities, to combat the terrorist threat facing all Iraqis, including members of its ethnic and religious minorities, notably Yezidis and Christians, and women from all communities who have been particularly targeted by ISIL.  

The Security Council reaffirms that all parties, including ISIL, associated armed groups, and other militias, must respect the human rights of the Iraqi people and abide by all applicable obligations under international humanitarian law, including those protecting the civilian population, by which both official Iraqi forces and member states that assist them must also abide.  

The Security Council also recognizes the steps taken to address the urgent humanitarian needs of those displaced by the current conflict.  The Security Council calls for an intensification of these efforts by all parties and urges all Member States to continue to fund the UN humanitarian appeals.  [Drawn from August 7 UNSC Statement] 

The Security Council urges the international community, in accordance with international law to further strengthen and expand support for the Government of Iraq as it fights ISIL and associated armed groups.  The Security Council welcomes the “International Conference on Peace and Security in Iraq” that took place in Paris on September 15, 2014 and the summit-level meeting of the Security Council responding to the global threat posed by foreign terrorist fighters that is scheduled for September 24.   

The Security Council stresses that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States, as well as international and regional organizations, to impede, impair, isolate and incapacitate the terrorist threat. [S/Res/2170, pp7] 

The Security Council reiterates the urgent need to stop any direct or indirect trade in oil from Iraq involving ISIL with the aim to put an end to financing terrorism.

The Security Council supports Iraq’s further economic, social, political and diplomatic integration into the region and the international community and calls upon regional states to engage more actively to facilitate this process.  The Security Council recognizes that the situation that now exists in Iraq is significantly different from that which existed at the time of the adoption of Resolution 661 (1990), and further recognizes the importance of Iraq achieving international standing equal to that which it held prior to the adoption of Resolution 661 (1990).    [S/PRST/2010/27]


The Security Council reiterates that no terrorist act can reverse the path toward peace, democracy and reconstruction in Iraq, which is supported by the people and the Government of Iraq, and by the international community. [S/PRST/2014/1]
Follow me on Twitter @NabilAbiSaab

Friday, September 12, 2014

UNSG Ban report on UNDOF

Report of the Secretary-General on the United Nations Disengagement Observer Force for the period from 29 May to 3 September 2014

I. Introduction
1. The present report gives an account of the activities of the United Nations Disengagement Observer Force (UNDOF) during the past three months, pursuant to the mandate contained in Security Council resolution 350 (1974) and extended by subsequent resolutions, most recently through resolution 2163 (2014).

II. Situation in the area and activities of the Force
2. At the time of writing, the situation in the UNDOF area of operation is evolving rapidly and remains volatile, with heavy fighting continuing between the Syrian armed forces and the armed members of the opposition and other armed groups in the area of separation. Several UNDOF peacekeepers serving with the Fijian Battalion were detained by armed elements. At this time, no additional information on their status or location has been established.*
3. During the reporting period, the ceasefire between Israel and the Syrian Arab Republic generally was maintained, albeit in a continuously volatile environment attributable to the ongoing conflict in the Syrian Arab Republic and despite a number of significant violations of the 1974 Disengagement of Forces Agreement by Israeli and Syrian forces, which are set out below. Several incidents of firing across the ceasefire line occurred resulting in casualties. Of particular note, on 22 June, fire from the Bravo side killed a civilian and injured others on the Alpha side and, in retaliation, the Israel Defense Forces (IDF) fired into the area of separation and limitation on the Bravo side, resulting in the death and injury of Syrian armed forces personnel. The Syrian armed forces significantly increased the number of personnel and equipment deployed inside the area of separation and carried out military activities and security operations against armed members of the opposition, at times in response to offensives carried out by the armed members of the opposition. Inside the area of separation, the presence of the Syrian armed forces and military equipment, as well as any other armed personnel and military equipment, is in violation of the Disengagement of Forces Agreement. As underscored by the Security Council in its resolution 2163 (2014), there should be no military activity of any kind in the area of separation.

Wednesday, September 10, 2014

US draft resolution on foreign terrorist fighters FTF

Secretary-General Ban Ki-moon and President Barack Obama at the Security Council Chamber. Sep 2013

Monday September 8-- V1 -- UNSC

UN Security Council Resolution on Foreign Terrorist Fighters (FTFs) 

Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and remaining determined to contribute further to enhancing the effectiveness of the overall effort to fight this scourge on a global level,  (PP1 of UNSCR 2129 - CTED mandate)

Noting with concern that the terrorism threat has become more diffuse, with an increase, in various regions of the world, of terrorist acts including those motivated by intolerance or extremism, and expressing its determination to combat this threat, (PP 2 of UNSCR 2129)

Emphasizing that terrorism cannot and should not be associated with any religion,  nationality or civilization,  (drawn from PP6 of UNSCR 2129)

Recognizing that international cooperation and any measures taken by Member States to prevent and combat terrorism must comply fully with the Charter of the United Nations, in particular the purposes and principles thereof,  (A/RES/68/276)

Reaffirming that Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort and notes the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and noting that failure to comply with these and other international obligations is one of the factors contributing to increased radicalization and fosters a sense of impunity,   (drawn from PP 5 of UNSCR 2129)

Wednesday, September 3, 2014

Security Council statement on UNDOF

Security Council Press Statement on UNDOF
 
The members of the Security Council received a briefing on September 3 from Under-Secretary General for Peacekeeping Operations Hervé Ladsous concerning the welfare of UNDOF peacekeepers in the Golan Heights.  The members of the Security Council again condemned in the strongest terms the detention of 45 Fijian peacekeepers by a Security Council-designated terrorist organization.  They reiterated their call for the peacekeepers’ immediate and unconditional release.  There can never be any justification for attacks on or the detention of UN peacekeepers.  The members of the Security Council welcomed news that all Filipino peacekeepers are now safe and they commended the efforts of UNDOF’s Quick Reaction Force. 

The members of the Security Council insisted that UNDOF’s mandate, impartiality, operations, safety, and security must be respected.  To this end, they demanded that all groups other than UNDOF must abandon all UNDOF positions and the Quneitra crossing point, and return the peacekeepers’ vehicles, weapons, and other equipment. 

The members of the Security Council commended UNDOF’s peacekeepers for their bravery in facing the threats and challenges in their area of operation.  They called upon all parties to cooperate with UNDOF in good faith to enable it to operate freely and to ensure full security of its personnel.  They also called upon countries with influence to strongly convey to those responsible to immediately release the peacekeepers. 

The members of the Security Council reaffirmed their unconditional support for UNDOF and the vital role it plays in support of stability in the Golan Heights.
Follow me on Twitter @NabilAbiSaab

Thursday, August 28, 2014

Draft PRST sends strong message to "Houthis and other spoilers" in Yemen

DRAFT YEMEN PRST

The Security Council welcomes the recent progress in Yemen’s political transition, in line with the Gulf Cooperation Council Initiative and Implementation Mechanism, including the recent meeting of the National Authority for Monitoring the Implementation of the National Dialogue Outcomes on 11 August; and the economic reform agenda which began with fuel subsidy reform on 30 July.  The Security Council supports President Abd Rabbo Mansour Hadi in his efforts to address the concerns of all parties within the framework of the National Dialogue Conference Outcomes. 

The Security Council urges all the parties in Yemen to adhere to resolving their differences through dialogue and consultation, reject acts of violence to achieve political goals, refrain from provocation, and fully abide by resolutions 2014 (2011), 2051 (2012) and 2140 (2014). Furthermore, the Security Council calls on all member states to refrain from external interference which seeks to foment conflict and instability and instead to support the political transition. 

The members of the Security Council note with concern that the Houthis and other spoilers continue to stoke the conflict in the north in an attempt to obstruct the political transition. The Security Council recalls that resolution 2140 (2014) introduced targeted sanctions measures against individuals or entities engaging in or providing support for acts that threaten the peace, security, or stability in Yemen. The Security Council supports the efforts of the Panel of Experts in gathering and analysing information regarding the implementation of these measures, in particular incidents of undermining the political transition.
The Security Council expresses grave concern about the deterioration of the security situation in Yemen in light of the action taken by the Houthis, led by Abdul Malik al Houthi, and those who support them, to undermine the political transition and the security of Yemen.  These actions include their escalating campaign to bring down the Government; establishing camps in and around Sana’a; seeking to supplant the authority of the state by installing checkpoints on strategic routes into Sana’a; as well as on-going fighting in al Jawf. The Security Council calls on all armed groups to refrain from any action which might exacerbate this already fragile situation.

The Security Council condemns the actions of Houthi forces commanded by Abdullah Yahya al Hakim (Abu Ali al Hakim) who overran Amran including the Yemeni Army Brigade headquarters on 8 July. 

The Security Council calls on the Houthis to:

(a)  withdraw their forces from Amran and return Amran to Government of Yemen control;

(b)  cease all armed hostilities against the Government of Yemen in al Jawf; and

(c)  remove the camps and dismantle the checkpoints they have erected in and around Sana’a.

The Security Council condemns the growing number of attacks  carried out or sponsored by Al-Qaida in the Arabian Peninsula, and expresses its determination to address this threat in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, and in this regard, through the Al-Qaida sanctions regime administered by the Committee pursuant to resolutions 1267(1999) and 1989 (2011) and reiterates its readiness, under the above-mentioned regime, to sanction further individuals, groups, undertakings and entities who do not cut off all ties to Al-Qaida and associated groups. 

The Security Council follows with great interest the progress of the Constitutional Drafting Committee and the preparations for a referendum on the new constitution and subsequent elections.  It hopes that an initial draft of the constitution will be passed to the National Authority review in a timely manner, in line with the National Dialogue Conference Outcomes. 

The Security Council reiterates its call for comprehensive, independent and impartial investigations, consistent with international standards, into alleged human rights violations and abuses in line with the outcomes of the National Dialogue Conference and the Gulf Cooperation Council Initiative and Implementation Mechanism.

The Security Council notes the formidable economic, security and social challenges confronting Yemen, which continue to leave many Yemenis in acute need of humanitarian assistance. It reaffirms the need to undertake economic reforms, which are a necessary part of achieving macroeconomic stability, fighting poverty and addressing the chronic humanitarian consequences of the crisis in a sustainable manner. It encourages rapid implementation of Government of Yemen plans to improve social protection, as well as urging the international community to support the Humanitarian Response plan which remains underfunded. The Security Council also urges all parties to facilitate full, safe and unimpeded access for humanitarian actors to reach people in need of humanitarian assistance. It also reaffirms the need for all parties to ensure the safety of civilians receiving assistance and the security of humanitarian personnel and United Nations and its associated personnel.

The Security Council remains closely engaged on the situation in Yemen and will continue to closely follow the next steps towards a peaceful political transition. In this regard it welcomes the continued and co-ordinated efforts of the Gulf Cooperation Council, ‘Group of Ten Ambassadors’, the Secretary-General’s Good Offices, including through the Special Adviser Jamal Benomar, the wider diplomatic community, and the next Friends of Yemen meeting that will take place on 24 September in New York. The Security Council underscores the need for continued international support for Yemen’s political transition, including though the fulfillment of commitments made by donors to support Yemen.

 Follow me on Twitter @NabilAbiSaab

Wednesday, August 27, 2014

Resolution 2174: Security Council expands arms embargo on Libya

United Kingdom of Great Britain and Northern Ireland:
draft resolution

The Security Council,
Recalling all its resolutions on Libya since resolution 1970 (2011), as well as the Statement of its President (S/PRST/2013/21) of 16 December 2013,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,
Deploring the increasing violence in Libya, in particular around Tripoli and Benghazi, condemning ongoing fighting by armed groups and incitement to violence, and expressing its deep concern at its impact on Libya’s civilian population and institutions, as well as the threat it poses to Libya’s stability and democratic transition,
Welcoming the calls of the Government of Libya and House of Representatives for an immediate ceasefire, underlining the need for all parties to engage in peaceful and inclusive political dialogue and to respect the democratic process, and encouraging the Arab League, the African Union and all those with influence on the parties, in particular neighbouring and regional countries, to support an immediate cessation of hostilities and constructive engagement with such a dialogue,
Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court, and reaffirming the importance of the Government of Libya’s cooperation with the International Criminal Court and the Prosecutor,
Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians,
Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which poses a risk to stability in Libya and the region, including through transfer to terrorist and violent extremist groups and underlining the importance of coordinated international support to Libya and the region to address these issues,
Concerned at the growing presence of Al-Qaida linked terrorists groups and individuals operating in Libya, reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee and humanitarian law, threats to international peace and security caused by terrorist acts, and recalling, in this regard, the obligations under resolution 2161 (2014),
Expressing its determination to use targeted sanctions in pursuit of stability in Libya, and against those individuals and entities who threaten its stability and obstruct or undermine its successful completion of the political transition,
Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,
Acting under Chapter VII of the Charter of the United Nations,
1. Calls on all parties to agree to an immediate ceasefire and an end to fighting, and expresses its strong support for the efforts of the United Nations Support Mission in Libya (UNSMIL) and the Special Representative of the Secretary-General in this regard;
2. Condemns the use of violence against civilians and civilian institutions and calls for those responsible to be held accountable;
3. Calls on the House of Representatives and the Constitutional Drafting Assembly to carry out their tasks in a spirit of inclusiveness, and calls on all parties to engage in an inclusive Libyan-led political dialogue in order to help restore stability, and to forge consensus around the next steps in Libya’s transition;
4. Reaffirms that the measures specified in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011), as modified by paragraphs 14, 15 and 16 of resolution 2009 (2011), apply to individuals and entities designated under that resolution and under resolution 1973 (2011) and by Committee established pursuant to paragraph 24 of resolution 1970 (2011), decides that they shall also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and decides that such acts may include but are not limited to:
(a) planning, directing, or committing, acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya;
(b) attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, or against any foreign mission in Libya;
(c) providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya;
(d) acting for or on behalf of or at the direction of a listed individual or entity;
5. Reiterates that individuals and entities determined by the Committee to have violated provisions of resolution 1970 (2011), including the arms embargo, or assisted others in doing so, are subject to designation, and notes that this includes those who assist in the violation of the assets freeze and travel ban in resolution 1970 (2011);
6. Requests the Panel of Experts established pursuant to paragraph 24 of resolution 1973 (2011), in addition to its current mandate, to provide information on individuals and entities who meet the designation criteria specified in paragraphs 4 and 5 of this resolution;
7. Requests that the Committee give due regard to requests for delisting of individuals and entities who no longer meet the designation criteria;
8. Decides that the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, to Libya in accordance with paragraph 13 (a) of resolution 2009 (2011) as modified by paragraph 10 of resolution 2095 (2013) must be approved in advance by the Committee;
9. Calls upon all States, in particular States neighbouring Libya, to inspect in their territory, including seaports and airports, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Libya, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 of resolution 1970 (2011), as modified by paragraph 13 of 2009 (2011) and paragraphs 9 and 10 of 2095 (2013), for the purpose of ensuring strict implementation of those provisions;
10. Reaffirms its decision to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 9 or 10 of resolution 1970, as modified by paragraph 13 of 2009 (2011) and paragraphs 9 and 10 of 2095 (2013), seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items and further reaffirms its decision that all Member States shall cooperate in such efforts;
11. Requires any Member State when it undertakes an inspection pursuant to paragraph 9 of this resolution, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for transfer are found, further requires such Member States to submit to the Committee, at a later stage, a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report;
12. Affirms its readiness to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, and its readiness to review the mandate of UNSMIL, as may be needed at any time in light of developments in Libya;
13. Decides to remain actively seized of the matter.
Follow me on Twitter @NabilAbiSaab