A/HRC/29/51 Syrian Arab Republic to become parties without delay to the Rome Statute and to accept the jurisdiction of the Court over the current situation under article 12 (3). 34. In addition, where it is suspected that returning foreign fighters have committed war crimes or international crimes, courts in the countries of nationality of those fighters should exercise extraterritorial jurisdiction for the crimes committed, where it is available under national law.76 As recommended by the Independent International Commission of Inquiry on the Syrian Arab Republic, the principle of universal jurisdiction should be used in accordance with national law to investigate and prosecute persons and groups implicated in egregious violations.77 In this respect, the Special Rapporteur takes note of the decision of the Commission to share information with States willing to exercise their jurisdiction over the crimes committed in the Syrian Arab Republic.78 As noted by the Commission, every measure should be taken to ensure that individuals responsible for serious violations of international law are held to account.79 E. Response of the Security Council 35. As the Security Council was unable to reach consensus on the issue of accountability for international crimes, it has focused on ISIL as a terrorist group. ISIL has been included in the Council’s comprehensive international counter-terrorism framework, which was adopted under Chapter VII of the Charter of the United Nations and Statute of the International Court of Justice, and is legally binding on all States Members of the United Nations, following a determination that international terrorism associated with Al-Qaida represents a threat to international peace and security. In addition, the Council has taken measures relating to “foreign terrorist fighters”. 36. On 30 May 2013, the Security Council added ISIL to the Al-Qaida Sanctions List as an alias for Al-Qaida in Iraq (QE.J.115.04). As the Council makes clear in its resolution 1989 (2011), any individual or entity designated by the Security Council Sanctions Committee as associated with Al-Qaida, which includes any form of support for the activities of Al-Qaida, or any cell, affiliate, splinter group or derivative thereof, may be listed. Despite the fact that ISIL has severed its ties with Al-Qaida, the Council considers it a splinter group of Al-Qaida.80 37. As a consequence of this listing, ISIL is subject to the threefold sanctions regime imposed by the Security Council, namely: assets freeze, travel ban and arms embargo. In addition, the Council, in its resolution 2170 (2014), specifically indicates that individuals, groups, undertakings and entities that provide support to ISIL, broadly described as those financing, arming, planning or recruiting for ISIL through information and communications technologies, including the Internet and social media, can also be listed on the Al-Qaida Sanctions List and be subject to the same sanctions.81 38. The Special Rapporteur has already provided a comprehensive overview of the various shortcomings of the sanctions regime that the United Nations has established with regard to Al-Qaida, in particular the quasi-legislative and quasi-judicial functions performed by the Security Council in administering the regime, in the absence of 76 77 78 79 80 81 12 Report of the United Nations High Commissioner for Human Rights on the protection of human rights and fundamental freedoms while countering terrorism (see A/HRC/28/28, para. 44). See A/HRC/28/69, para. 145 (a). Ibid., paras. 106–107. Ibid., para. 145 (a). See Security Council resolution 2170 (2014), para. 18. Ibid., para. 18.