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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)

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, 

Concerned that foreign terrorist fighters increase the intensity, duration and intractability of conflicts, and also pose a serious threat to their States of origin, the States they transit and the States to which they travel, and noting that the threat of foreign terrorist fighters may affect all regions and Member States, even those far from conflict zones,  
Expressing concern that international networks have been established by terrorists among States of origin, transit and destination through which foreign terrorist fighters and the resources to support them have been channeled 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, 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) (PP3 UNSCR 2129)

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, (modified from UNSCR 2133 – KFR – and UNSCR 2129)

Noting with appreciation the activities undertaken in the area of capacity building by United Nations entities, including the Counter-Terrorism Implementation Task Force (CTITF), and facilitation of capacity building by the Counter-Terrorism Committee Executive Directorate (CTED), in coordination with other relevant international, regional and sub-regional organizations, to assist Member States, upon their request, in implementation of the United Nations Global Counter-Terrorism Strategy, (drawn from GA Res 66/282)

Noting the work of the Global Counterterrorism Forum (GCTF), in particular its ongoing effort to share good practices to develop practical recommendations to enhance efforts to address the foreign terrorist fighter phenomenon, and its publication of several 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 complement the work of the relevant United Nations counterterrorism entities in these areas, (drawn from PP 23UNSCR 2129)

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 counterterrorism fora and foreign terrorist fighter program, 

Having regard to and highlighting the situation of individuals of multiple 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 human rights law,

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, (drawn from UNSCR 1373)

Acting under Chapter VII of the Charter of the United Nations, 

OPs

Condemns the violent extremism, which can be conducive to terrorism, and sectarian violence and the commission of terrorist acts by foreign terrorist fighters, and demands that all foreign terrorist fighters withdraw immediately from all zones of armed conflict and cease all terrorist acts;

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 the importance of these obligations with respect to the threat posed by foreign terrorist fighters, and calls upon Member States to employ evidence-based traveler risk assessment and screening procedures, including collection and analysis of travel data; 

Urges Member States, in accordance with domestic and international law, to intensify and accelerate the exchange of operational information regarding actions or movements of terrorist persons or networks, including foreign terrorist fighters, especially with their states of residence or nationality, through bilateral or multilateral mechanisms, in particular the UN; 

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, 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;

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;

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:

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; 

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,

the wilful organization or other facilitation, 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; 

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 including the internet and social media or through any other means;

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 for the purpose of engaging in 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;

Calls upon Member States to require that airlines under their jurisdiction provide advance passenger information to the appropriate national authorities in order to detect the departure from their territory, or attempted entry into or transit through their territory, by means of civil aircraft, of individuals designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011), and further calls upon Member States to report departure from their territories, or the 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;

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 

Calls upon Member States to improve international and regional 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; (latter part drawn from UNSCR 2129

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; (compare OP2(f) of UNSCR 1373)

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;

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, and welcomes bilateral assistance by Member States to help build such national capacity;

Countering Violent Extremism in Order to Prevent Terrorism

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 violent extremism;

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, and all other concerned groups of civil society and adopt tailored approaches to countering recruitment to violent extremism; 

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; (drawn from combined OP 14 of UNSCR 2161 with PP of UNSCR 2129)

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; 

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;

United Nations Engagement on the Foreign Terrorist Fighter Threat 

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; 

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 UN counterterrorism 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;

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 UN counterterrorism bodies, in particular the CTITF;

Requests the Analytical Support and Sanctions Monitoring Team, in close cooperation with other UN counterterrorism 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 comprehensive assessment of the threat posed by these foreign terrorist fighters, including the most affected regions and trends in radicalization to terrorism, facilitation, recruitment and financing 
recommendations for actions that can be taken to enhance the response to the threat posed by these foreign terrorist fighters;
recommendations on assistance programs that UN counterterrorism bodies can implement to build capacity, provide technical assistance, and counter violent extremism, which can be conducive to terrorism;

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 and to provide assistance for Member States, especially those in the most affected regions, to develop upon their request comprehensive counter-terrorism strategies that encompass countering violent radicalization and the flow of foreign terrorist fighters, taking into account the roles of other relevant multilateral actors,  including the Global Counterterrorism Forum;

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;

Requests the Counter-Terrorism Committee and the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) to update the Security Council on their respective efforts pursuant to this resolution; 

Decides to remain seized of the matter.
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