A/HRC/29/51
independent judicial review that can deliver an effective remedy at the level of the United
Nations (see A/67/396). While acknowledging the significant improvements brought to the
regime,82 concerns remain that most of the shortcomings that had been identified still
remain valid and that the regime continues to fall short of international minimum standards
of due process. In particular, the Ombudsperson’s comprehensive reports are still not
legally binding; the process still lacks transparency; the Ombudsperson still has limited
access to confidential information, a challenge she describes as the most significant
limitation to the effectiveness of the Ombudsperson process; and the institutional
arrangements for the Office of the Ombudsperson still do not afford it proper safeguards for
independence.83
39.
The Security Council has also taken decisive action against ISIL through a number
of subsequent resolutions adopted under Chapter VII of the Charter of the United Nations.
In its resolution 2170 (2014), the Council condemned in the strongest terms the terrorist
acts of ISIL and its continued gross, systematic and widespread abuses of human rights and
violations of international humanitarian law. The Council emphasized the need to ensure
that ISIL is held accountable for abuses of human rights and violations of international
humanitarian law and stressed the need to bring to justice those within ISIL who commit
terrorist acts, as well as foreign terrorist fighters. Recalling that threats to international
peace and security caused by terrorist acts must be combated in accordance with
international law, including international human rights and humanitarian law, it adopted a
number of measures and sanctions to prevent the financing of ISIL, including revenues
generated from control of oilfields and related infrastructure, kidnapping for ransom and
donations.84
40.
The threat posed by the influx of foreign fighters, albeit not a new phenomenon,85
has gained increasing prominence in the context of the armed conflicts in Iraq and the
Syrian Arab Republic. With States intent on preventing the ranks of ISIL from growing and
exacerbating the conflict, as well as on preventing returning nationals from carrying out
attacks on their own soil (so-called “blowback” attacks) or further radicalizing their
nationals, the Security Council took decisive action to address the issue of foreign fighters.
41.
As already noted, in its resolution 2170 (2014) the Security Council called upon
Member States to take national measures to suppress the flow of foreign terrorist fighters
joining ISIL and other individuals, groups and entities associated with Al-Qaida in Iraq and
the Syrian Arab Republic. In its resolution 2178 (2014), the Council went further, requiring
States to adopt a number of measures regarding foreign terrorist fighters, defined as
“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”. In that resolution, the Council decided that Member States should prevent the
travel of foreign terrorist fighters, that they should bring them to justice and that they
should criminalize a number of actions linked to such fighters concerning travel and its
funding and organization or facilitation of recruitment.
82
83
84
85
See Security Council resolutions 1904 (2009), 1989 (2011), 2083 (2012) and 2161 (2014).
See S/2015/80, paras. 37–53.
See Security Council resolution 2199 (2015), which builds on resolution 2170 (2014) by refining the
range of tools available to block the financing of ISIL.
See Geneva Academy of International Humanitarian Law and Human Rights, “Foreign fighters under
international law”, Geneva Academy Briefing No. 7 (Geneva, Geneva Academy, 2014).
13
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