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,
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