Follow by Email

Tuesday, November 18, 2014

Security Council condemns murder of Kassig, ISIL crimes

Security Council Press Statement on ISIL killings


The members of the Security Council strongly condemned the heinous and cowardly murders of U.S. humanitarian aid worker Abdul-Rahman Kassig, also known as Peter Kassig, and at least 15 Syrian captives by the Islamic State of Iraq and the Levant (ISIL).   The members of the Security Council expressed their deep sympathy and condolences to the families of the victims and to the peoples of the United States and Syria.  These crimes once again demonstrate the brutality of ISIL, which is responsible for thousands of abuses against the Syrian and Iraqi people. 

Regarding Mr. Kassig, the members of the Security Council noted that his murder is a tragic reminder of the increasing dangers humanitarian personnel face every day in Syria.  The members of the Security Council recalled United Nations Security Council resolution 2175 (2014) and their demand that all parties involved in an armed conflict comply fully with the obligations applicable to them under international humanitarian law, including to respect and protect all humanitarian personnel.  The members of the Security Council also recalled their condemnation of all forms of violence and intimidation to which those participating in humanitarian operations are increasingly exposed.

The members of the Security Council stressed again that ISIL must be defeated and that the intolerance, violence, and hatred it espouses must be stamped out.  The members of the Security Council further emphasized that such continued acts of barbarism perpetrated by ISIL do not intimidate them, but rather stiffen their resolve that there has to be a common effort among Governments and institutions, including those in the region most affected, to counter ISIL, Al-Nusra Front and all other individuals, groups, undertakings and entities associated with Al-Qaida, as the Council resolved in United Nations Security Council resolution 2170 (2014).

The members of the Security Council demanded the immediate, safe and unconditional release of all those who are kept hostage by ISIL, Al-Nusra Front, and all other individuals, groups, undertakings, and entities associated with Al-Qaida.

The members of the Security Council underlined the need to bring perpetrators of these reprehensible acts of terrorism to justice.  The members of the Security Council stressed that those responsible for the killing of Abdul-Rahman Kassig and the Syrian captives shall be held accountable, and urged all States, in accordance with their obligations under international law and relevant Security Council resolutions, to cooperate actively in this regard.

The members of the Security Council reaffirmed 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, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever and by whomsoever committed.
Follow me on Twitter @NabilAbiSaab

Friday, November 7, 2014

Yemen Sanctions Committee: Saleh, 2 Houthi leaders are subject to assets freeze travel ban

7 NOVEMBER 2014
SC/11636

Security Council 2140 Sanctions Committee Designates Three Individuals as Subject to Assets Freeze, Travel Ban


On 7 November 2014, the Security Council’s 2140 Sanctions Committee designated three individuals as subject to the assets freeze and travel ban measures outlined, respectively, in paragraphs 11 and 15 of Security Council resolution 2140 (2014), adopted under Chapter VII of the Charter of the United Nations.
The Committee stresses the need for robust implementation of the Sanctions as an important tool in achieving a peaceful, inclusive, orderly and Yemeni-led political transition process.
As a result of the new listings, the Committee reminds Member States of their obligations under resolution 2140 (2014) to ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals designated by the Committee; and their obligation to take the necessary measures to prevent the entry into or transit through their territories of the individuals designated by the Committee.
The details of the new listings are listed below:
YEi.001  Name: 1: ABD 2: AL-KHALIQ 3: AL-HUTHI 4: na  Name (original script):  Title: Designation: Huthi military commander DOB: 1984 POB: na Good quality a.k.a.: a) Abd-al-Khaliq al-Huthi b) Abd-al-Khaliq Badr-al-Din al Huthi c) ‘Abd al-Khaliq Badr al-Din al-Huthi Low quality a.k.a.: Abu-Yunus Nationality: Yemen Passport no.: na National identification no.: na Address: na Listed on: 7 Nov. 2014 Other information: Gender [Male].
Narrative summary of reasons for listing
Date on which narrative summary became available on the Committee’s website: 7 November 2014
Abd al-Khaliq al-Huthi was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the resolution.
Additional information
Abd al-Khaliq al-Huthi has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and acts that obstruct the political process in Yemen.
In late October 2013, Abd al-Khaliq al-Huthi led a group of fighters dressed in Yemeni military uniforms in an attack on locations in Dimaj, Yemen.  The ensuing fighting resulted in multiple deaths.
In late September 2014, an unknown number of unidentified fighters allegedly were prepared to attack diplomatic facilities in Sana’a, Yemen, upon receiving orders from the Abd al-Khaliq al-Huthi.  On 30 August 2014, al-Huthi coordinated to move weapons from Amran to a protest camp in Sana’a.
YEi.002  Name: 1: ABDULLAH 2: YAHYA 3: AL HAKIM 4: na  Name (original script):  Title: Designation: Huthi group second-in-command DOB: a) Approximately 1985 b) Between 1984 and 1986 POB: a) Dahyan, Yemen b) Sa’dah Governorate, Yemen Good quality a.k.a.: a)Abu Ali al Hakim b) Abu-Ali al-Hakim c) Abdallah al-Hakim d) Abu Ali Alhakim e) Abdallah al-Mu’ayyad Low quality a.k.a.: na Nationality: Yemen Passport no.: na National identification no.: na Address: Dahyan, Sa’dah Governorate, Yemen Listed on: 7 Nov. 2014 Other information: Gender [Male].
Narrative summary of reasons for listing
Date on which narrative summary became available on the Committee’s website: 7 November 2014
Abdullah Yahya al Hakim was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the resolution.
Additional information
Abdullah Yahya al Hakim has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and that obstruct the political process in Yemen.
In June 2014, Abdullah Yahya al Hakim reportedly held a meeting in order to plot a coup against Yemeni President Abdrabuh Mansour Hadi.  Al Hakim met with military and security commanders, and tribal chieftains; leading partisan figures loyal to former Yemeni President Ali Abdullah Saleh also attended the meeting, which aimed to coordinate military efforts to take over Sana’a, Yemen’s capital.
In a 29 August 2014 public statement, the President of the United Nations Security Council stated that the Council condemned the actions of forces commanded by Abdullah Yahya al Hakim who overran Amran, Yemen, including the Yemeni Army Brigade headquarters on 8 July 2014.  Al Hakim led the July 2014 violent takeover of the Amran Governorate and was the military commander responsible for making decisions regarding ongoing conflicts in the Amran Governorate and Hamdan, Yemen.
As of early September 2014, Abdullah Yahya al Hakim remained in Sana’a to oversee combat operations in case fighting began.  His role was to organize military operations so as to be able to topple the Yemeni Government, and he was also responsible for securing and controlling all routes in and out of Sana’a.
YEi.003  Name: 1: ALI 2: ABDULLAH 3: SALEH 4: na  Name (original script):  Title: Designation: a) President of Yemen’s General People’s Congress party b) Former President of the Republic of Yemen DOB: a) 21 Mar. 1945 b) 21 Mar. 1946 c) 21 Mar. 1942 POB: a)Bayt al-Ahmar, Sana’a Governorate, Yemen b) Sana’a, Yemen Good quality a.k.a.: Ali Abdallah Salih Low quality a.k.a.: na Nationality: Yemen Passport no.: 00016161 (Yemen) National identification no.: na Address: na Listed on: 7 Nov. 2014 Other information: Gender [Male].
Narrative summary of reasons for listing
Date on which narrative summary became available on the Committee’s website: 7 November 2014
Ali Abdullah Saleh was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the resolution.
Additional information
Ali Abdullah Saleh has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and acts that obstruct the political process in Yemen.
Per the 23 November 2011 agreement backed by the Gulf Cooperation Council, Ali Abdullah Saleh stepped down as President of Yemen after more than 30 years.
As of fall 2012, Ali Abdullah Saleh had reportedly become one of the primary supporters of violent Huthi actions in northern Yemen.
More recently, as of September 2014, Saleh has been destabilizing Yemen by using others to undermine the central government and create enough instability to threaten a coup.  According to a September 2014 report by the United Nations Panel of Experts for Yemen, interlocutors alleged that Saleh supports violent actions of some Yemenis by providing them funds and political support, as well as ensuring that GPC members continue to contribute to the destabilization of Yemen through various means.
The September 2014 United Nations Panel of Experts report on Yemen also states that allegations have been made that Ali Abdullah Saleh has been using Al-Qaida in the Arabian Peninsula (AQAP) operatives to conduct assassinations and attacks against military installations in order to weaken President Hadi and create discontent within the army and broader Yemeni population.  Clashes in the south of Yemen in February 2013 were a result of the combined efforts of Saleh, AQAP, and southern secessionist Ali Salim al-Bayd to cause trouble before the 18 March 2013 National Dialogue Conference in Yemen.
The Committee’s sanctions list is available on its website at the following URL:http://www.un.org/sc/committees/2140/.  The Committee will update regularly its list when it has agreed to include or delete relevant information in accordance with the procedures set out in its Guidelines.

Follow me on Twitter @NabilAbiSaab

Internal memo: Sanctions Committee on Yemen adopts sanctions against former president Saleh, 2 Houthi leaders

SECURITY COUNCIL COMMITTEE ESTABLISHED            S/AC.56/2014/NOTE.28/Add.3
PURSUANT TO RESOLUTION 2140 (2014)                             7 November 2014

Note by the Chair

The Chair of the Security Council Committee established pursuant to resolution 2140 (2014) presents her compliments to the members of the Committee.

In reference to the letter dated 31 October 2014 from the United States Mission to the United Nations, proposing the designation of three individuals as subject to the assets freeze and travel ban measures outlined, respectively, in paragraphs 11 and 15, of resolution 2140 (2014), together with a corresponding press release, circulated under Note S/AC.56/2014/NOTE.28 of 31 October 2014, the Chair wishes to inform the members that no holds or objections were placed by the set deadline of Friday, 7 November 2014, 5:00 p.m. for the consideration of the proposed designations.

Consequently, the proposed designations are approved and the Chair will instruct the Secretariat to proceed with making the Committee List together with the corresponding narrative summaries available on the Committee website, issuing the press release, as revised, informing Member States about the List, and notifying the Permanent Mission of Yemen to the United Nations of the listing, in accordance with, respectively, paragraphs 6(c), 5(g), 5(h) and 5(i) of the Committee’s Guidelines.


Follow me on Twitter @NabilAbiSaab

US letter to Security Council: Saleh uses Al-Qa’ida to conduct assassinations in Yemen

(Copy) 
UNITED STATES MISSION TO THE UNITED NATIONS
October 31, 2014
Dear Madam Ambassador:

The U.S. Mission to the United Nations informs the Committee pursuant to resolutions 2140 (2014) that the following individuals have been identified pursuant to paragraph 17 of resolution 2140 (2014) as engaging in or providing support for acts that threaten the peace, security or stability of Yemen: Former President Ali Saleh, Abd alKhaliq al Huthi, Abdullah Yahya al Hakim. We request that these individuals be added to the 2140 (2014) Sanctions List.
 We have provided detailed information on the reasons behind our request for inclusion on the list in the attached statement of case.

           Please accept, Excellency, the assurances of my highest consideration.
                                                                                                 Sincerely,
...

(U) Statement of the Case: Ali Abdullah Saleh

(U) Name: Ali Abdullah Saleh
(U) Also Known As: Ali Abdallah Salih
(U) Gender: Male
(U//FOUO) Date of Birth: March 21, 1945
(U) Alternate Date of Birth: March 21, 1946
(U) Alternate Date of Birth: March 21, 1942
(U) Place of Birth: Bayt al-Ahmar, Sana’a Governorate, Yemen
(U//FOUO) Alternate Place of Birth: Sana’a, Yemen
(U//FOUO) Nationality: Yemen
(U//FOUO) Passport: 00016161 (Yemen)
(U//FOUO) Position: President of Yemen’s General People’s Congress party
(U) Alternate Position: Former President of the Republic of Yemen

(U) Per the November 23, 2011 Gulf Cooperation Council agreement, Ali Abdullah Saleh stepped down as President of Yemen after more than 30 years and transferred power to his Vice President, Abd Rabbo Mansour Hadi.  Although Saleh is no longer President, he retains considerable influence in Yemen’s politics as head of the country’s ruling party, the General People’s Congress (GPC).

(U) Ali Abdullah Saleh has engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen. 

(U) As of fall 2012, Ali Abdullah Saleh had reportedly become one of the primary supporters of the Huthi rebellion.  Saleh was behind the attempts to cause chaos throughout Yemen.  More recently, as of September 2014, Saleh is reportedly inciting instability in Yemen by using the Huthi (or “Ansar Allah”) dissident group to not only delegitimize the central government, but also create enough instability to stage a coup.  According to a September 2014 United Nations Panel of Experts report on Yemen, Saleh supports the Huthis by providing them funds and political support, as well as ensuring that GPC members do nothing to hinder the Huthis in achieving their objectives.  Although Saleh was provided an opportunity to respond to these allegations, as described in the Panel of Experts report, he has merely denounced them without providing explanations.  Saleh’s strategy in these activities appears to be aimed at demonstrating that President Hadi is a failed President.

(U) The September 2014 United Nations Panel of Experts report on Yemen also alleges that Ali Abdullah Saleh has been using Al-Qa’ida in the Arabian Peninsula (AQAP) operatives to conduct assassinations against individuals and attacks against military installations in order to further weaken President Hadi and sow discontent within the army and population.   Clashes in the south of Yemen in February 2013 were a result of the combined efforts of Saleh, AQAP, Iran, and key southern secessionist ‘Ali Salim al-Bayd to cause trouble before the March 18, 2013 National Dialogue Conference in Yemen.


(U) Statement of the Case: Abd al-Khaliq al-Huthi

(U) Primary Name: Abd al-Khaliq al-Huthi
(U) Also Known As: Abd-al-Khaliq al-Huthi
(U) Also Known As: Abu-Yunus
(U) Also Known As: Abd-al-Khaliq Badr-al-Din al Huthi
(U) Also Known As: ‘Abd al-Khaliq Badr al-Din al-Huthi
(U) Gender: Male
(U) Date of Birth: 1984
(U) Position: Huthi military commander

(U) Abd al-Khaliq al-Huthi has engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen.  Al-Huthi is a military leader of the Huthi group, an entity that has engaged in acts that obstruct the implementation of the agreement of November 23, 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen.

(U) In late October 2013, Abd al-Khaliq al-Huthi led a group of Huthi fighters dressed in Yemeni military uniforms in an attack on locations in Dimaj (Yemen) which were controlled by Salafis.  The ensuing fighting resulted in multiple deaths on both sides.

(U) In August 2014, the U.S. Department of State strongly condemned the Huthis (also known as “Ansar Allah”) for actions taken to undermine the Gulf Cooperation Council political transition process and Yemen’s stability.  Specifically, the U.S. condemned the Huthi’s “provocative, aggressive, and destabilizing actions and incitement against the Government of Yemen, the establishment of armed camps in and around Sana’a, and their continued illegitimate control of Amran.”

(U) In late September 2014, an unknown number of unidentified Huthi movement fighters allegedly were prepared to attack the U.S. Embassy in Sana’a, Yemen, upon receiving orders from Huthi military commander of Sana’a, Abd al-Khaliq al-Huthi.  In fall 2014, Al-Huthi was interested in moving explosives within Yemen.  On August 30, 2014, al-Huthi coordinated with the Huthis in Amran, Yemen, to move weapons from Amran to a Huthi protest camp in Sana’a.


(U) Statement of the Case: Abdullah Yahya al Hakim
  
(U) Primary Name: Abdullah Yahya al Hakim
(U) Also Known As: Abu Ali al Hakim
(U) Also Known As: Abu-Ali al-Hakim
(U) Also Known As: Abdallah al-Hakim
(U//FOUO) Also Known As: Abu Ali Alhakim
(U) Also Known As: Abdallah al-Mu’ayyad
(U) Gender: Male
(U) Date of Birth: circa 1985
(U) Alternate Date of Birth: 1984-1986
(U//FOUO) Place of Birth: Dahyan, Yemen
(U) Alternate Place of Birth: Sa’dah Governorate, Yemen
(U//FOUO) Nationality: Yemen
(U) Address: Dahyan, Sa’dah Governorate, Yemen
(U) Position: Huthi group second-in-command


(U) Abdullah Yahya al Hakim has engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen.  In addition, al Hakim is a military or political leader of the Huthi group (also known as “Ansar Allah”), an entity that has engaged in acts that obstruct the implementation of the agreement of November 23, 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen.

(U) Abdullah Yahya al Hakim gained prominence as a Huthi military commander following the Huthi takeover of the al-Ahmar homes in Hashid (Yemen) in January and February 2014.

(U) In June 2014, Abdullah Yahya al Hakim – the Huthi group’s second-in-command – reportedly held a meeting in order to plot a coup against Yemeni President Abdrabuh Mansour Hadi.  Al Hakim met with military and security commanders, tribal chieftains, and officials, and leading partisan figures loyal to former Yemeni President Ali Abdullah Saleh also attended the meeting, which aimed to coordinate efforts to take over Sana’a.

(U) In an August 29, 2014 public statement, the President of the United Nations Security Council condemned the actions of Huthi forces commanded by Abdullah Yahya al Hakim, who overran Amran (Yemen), including the Yemeni Army Brigade headquarters on July 8, 2014.  Al Hakim led the Huthi group’s July 2014 takeover of the Amran Governorate.  Al Hakim was the Huthi military commander responsible for making decisions regarding the Huthis’ ongoing conflicts in the Amran Governorate and Hamdan (Yemen).  On July 3, 2014, al Hakim reportedly told the Presidential Committee tasked with the supervision of the implementation of the ceasefire agreement in the Amran Governorate that the Huthi fighters would not withdraw from the positions and checkpoints under their control in the Amran Governorate, Hamdan District, and other areas in Bani Matar, Yemen. 

(U) In August 2014, the U.S. Department of State strongly condemned the Huthis for actions taken to undermine the Gulf Cooperation Council political transition process and Yemen’s stability.  Specifically, the U.S. condemned the Huthi’s “provocative, aggressive, and destabilizing actions and incitement against the Government of Yemen, the establishment of armed camps in and around Sana’a, and their continued illegitimate control of Amran.”

(U) As of early September 2014, Huthi military commander Abdullah Yahya al Hakim remained in Sana’a (Yemen) to oversee combat operations in case fighting began.  Al Hakim’s role was to organize Huthi military operations so as to be able to topple the Yemeni government on the order of Huthi leader ‘Abd al-Malik al-Huthi.  Al Hakim was responsible for securing and controlling all routes in and out of Sana’a.  He commanded a Huthi unit of about 300 persons paid to fight the Yemeni government.
--------

Follow me on Twitter @NabilAbiSaab

Wednesday, October 1, 2014

Palestinian draft resolution on time frame to end Israeli occupation

30 September 2014
DRAFT

The Security Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the primary responsibility of the Security Council for the maintenance of international peace and security,

Recalling also Articles 33 to 38 of Chapter VI of the Charter regarding the pacific settlement of disputes,

Recalling its relevant resolutions, including resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003, and 1850 (2008) of 16 December 2008,

Reaffirming the principle of the inadmissibility of the acquisition of territory by force,

Reiterating its vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders,

Recalling General Assembly resolution 181 (II) of 29 November 1947,

Stressing the urgent need to achieve a comprehensive, just, lasting and peaceful solution to the Israeli-Palestinian conflict on the basis of its relevant resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap,

Reaffirming the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem,

Recalling its resolutions 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, and 465 (1980) of 1 March 1980, determining, inter alia, that the policies and practices of Israel, the occupying Power, in establishing settlements in the Palestinian and other Arab territories occupied since 1967, including East Jerusalem, have no legal validity, constitute a flagrant violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, and constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East based on the two-State solution on the basis of the pre-1967 borders,

Recalling also its relevant resolutions regarding the status of Jerusalem, including resolution 478 (1980) of 20 August 1980, and bearing in mind that the annexation of East Jerusalem is not recognized by the international community,

Affirming the imperative of resolving the problem of the Palestine refugees, on the basis of General Assembly resolution 194 (III) of 11 December 1948, for the achievement of justice and lasting peace in the region,

Recalling the advisory opinion of the International Court of Justice of 9 July 2004 on the legal consequences of the construction of a wall in the Occupied Palestinian Territory,

Recalling General Assembly resolution 67/19 of 29 November 2012,

Recalling also General Assembly resolution 58/292 of 6 May 2004, affirming, inter alia, that the status of the Palestinian territory occupied since 1967, including East Jerusalem, remains one of military occupation,

Stressing that the Gaza Strip constitutes an integral part of the territory occupied in 1967 and of the Palestinian State, and recalling in this regard that the West Bank, including East Jerusalem, and the Gaza Strip, constitute one geopolitical unit,

Encouraging all States and international organizations to actively pursue policies that ensure respect for their obligations under international law with regard to all illegal Israeli practices and measures in the Occupied Palestinian Territory, including East Jerusalem, and that ensure accountability for continued Israeli violations and grave breaches of international law, including humanitarian and human rights law,

Reaffirming the permanent responsibility of the United Nations towards the question of Palestine until it is satisfactorily resolved in all its aspects in accordance with international law and relevant resolutions,

Convinced that achieving a just, lasting and comprehensive solution to the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of a future of sustainable peace, security and stability in the Middle East,

Stressing that a lasting solution can only be achieved by peaceful means, based on an enduring commitment to mutual recognition, freedom from violence, incitement and terror, and the two-State solution, building upon previous agreements and obligations,

Urging both parties to act on the basis of international law, relevant United Nations resolutions and their previous agreements and obligations in order to create the appropriate conditions for expediting, including through negotiations, the achievement of a comprehensive, just and lasting solution that resolves all core final status issues, including the Palestine refugees, Jerusalem, settlements, borders, security, water and prisoners,

Recalling the obligation to ensure the safety and well-being of all civilians and ensure their protection in situations of armed conflict, including foreign occupation,

Stressing the importance of maintaining and strengthening international peace founded upon freedom, equality, justice and respect for fundamental human rights,

Reaffirming the right of all States in the region to live in peace within secure and internationally recognized borders,
1.      Affirms its determination to contribute to the attainment, without delay, of a peaceful solution that ends the Israeli occupation that began in 1967, and fulfils the vision of two States: an independent, sovereign, democratic, contiguous and viable State of Palestine living side by side with the State of Israel in peace and security within recognized borders, based on the pre-1967 borders;

2.      Urges the intensification of efforts, including, inter alia, through negotiations, for the achievement of a comprehensive, just, lasting and peaceful solution to the Israeli-Palestinian conflict, on the basis of the relevant United Nations resolutions, including resolutions 242 (1967), 338 (1973), 1397 (2002), 1515 (2003) and 1850 (2008), and the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap;

3.      Calls, on the basis of the above principles, for:

(a)    The full withdrawal of Israel, the occupying Power, from all of the Palestinian territory occupied since 1967, including East Jerusalem, as rapidly as possible and to be fully completed within a specified timeframe, not to exceed November 2016, and the achievement of the independence and sovereignty of the State of Palestine and the right to self-determination of the Palestinian people;

(b)   A just resolution of the status of Jerusalem as the capital of two States;

(c)    A just resolution of the problem of the Palestine refugees in conformity with General Assembly resolution 194 (III) of 11 December 1948;

4.      Calls also upon all parties to abide by their obligations under international humanitarian law, including the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949;

5.      Demands an end to all Israeli military operations, reprisals, forced displacement of civilians, and all acts of violence and hostilities;

6.      Reiterates its demand for the complete cessation of all Israeli settlement activities in the Palestinian territory occupied since 1967, including East Jerusalem;

7.      Demands an end to all measures of collective punishment by Israel, the occupying Power, against the Palestinian civilian population, including in the Gaza Strip, and calls in this regard for the full lifting of the Israeli blockade and the opening of all of the Gaza Strip’s border crossings, on the basis of resolution 1860 (2009) and all relevant agreements reached, to enable the sustained and regular movement of persons and goods in both directions, which is essential for fulfilling humanitarian needs and urgently advancing reconstruction and economic recovery needs;

8.      Calls upon the parties to observe calm and restraint, including by consolidating the 26 August 2014 ceasefire agreement, to halt the deterioration of the situation and to refrain from provocative actions, incitement and inflammatory rhetoric, including in particular with regard to Occupied East Jerusalem;

9.      Calls also for measures to be taken to guarantee the safety and protection of the Palestinian civilian population throughout the Occupied Palestinian Territory, including East Jerusalem, including, inter alia, through the deployment of an international presence;

10.  Calls for the immediate and expanded provision of humanitarian assistance to the Palestinian civilian population, particularly in the Gaza Strip, to alleviate the grave humanitarian crisis, including through the provision of urgent additional contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), recognizing the vital role played by the Agency, along with other United Nations agencies and humanitarian organizations, in addressing critical humanitarian needs and providing emergency aid and protection to affected civilians, including the displaced;

11.  Calls on Member States to contribute to the urgent reconstruction and economic recovery needs of the Palestinian people in the Gaza Strip in coordination with the United Nations and the Palestinian government, including through the Conference to be co-chaired by Norway and Egypt in Cairo on 12 October 2014;

12.  Calls upon the parties and the international community to urgently undertake the measures required, individually and collectively, for the implementation of this resolution; 

13.  Requests the Secretary-General to report to the Council within 30 days of the adoption of this resolution on options and a framework for the establishment of an international presence, pursuant to paragraph 9 of this resolution, and to report every 30 days thereafter to the Council on the implementation of the relevant provisions of this resolution;

14.  Decides to remain seized of the matter.

Follow me on Twitter @NabilAbiSaab

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