A/HRC/40/52
3.
Terrorism sanctions and the criminalization of various forms of support for terrorism
20.
While targeted sanctions can be useful to address terrorism financing, they can also
severely hamper the work of humanitarian and other civil society organizations or be used
to maliciously target them. The mandate holder has already noted how abusive designations
have been made easier by the broadened criteria introduced by the Security Council in its
resolution 1617 (2005) under the targeted terrorism sanction regime. 37 Although the
Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253
(2015) concerning Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated
individuals, groups, undertakings and entities has never listed an individual solely on the
basis of the provision of medical or humanitarian assistance, it is worrying that medical
activities had been referenced as part of the basis for listing two individuals and two
entities. 38 Under national and regional terrorism sanctions lists requested pursuant to
resolution 1373 (2001), the lack of a definition of terrorism also allows arbitrary or
malicious designations of any individual or group, including civil society organizations,
under the legitimizing umbrella of the Council.39
4.
Absence of exemption clauses for civil society actors
21.
In both its legislative action and its sanctions regime, the Security Council disallows,
almost entirely, any form of loose support for terrorism or for terrorist groups. While the
sanctions regime administered by the United Nations provides for humanitarian
exemptions, national and regional regimes are not required to provide for humanitarian
exemptions, thereby leaving it up to individual States to include them, or not, in their own
national provisions.40 In its resolution 72/284, the General Assembly urged States to ensure
that counter-terrorism measures did not impede humanitarian activities or engagement.
Humanitarian exemptions are critical in protecting civil society actors operating in
challenging environments where terrorist groups are active from sanctions regimes and
counter-terrorism measures.41
22.
The Special Rapporteur fully supports the recommendation of the Special
Rapporteur on extrajudicial, summary or arbitrary executions that States should
unambiguously exempt humanitarian actions from their counter-terrorism measures at
every possible opportunity, nationally, regionally and internationally, and that the Security
Council should adopt a resolution expressly clarifying that humanitarian protection and
assistance must never be conceptualized as support for terrorism and suppressed or
criminalized on that basis. 42 The Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism further recommends
that adequate remedies at all levels be available and accessible to all civil society actors
affected by sanctions, not solely humanitarian actors.
Measures limiting the movement of “foreign terrorist fighters” and “terrorists”
5.
23.
In its resolutions 2170 (2014), 2178 (2014), and 2396 (2017), the Security Council
decided that States were to prosecute as “serious criminal offences” the travel, recruitment
and financing of “foreign terrorist fighters”. Mandate holders have already widely
examined the gaping human rights shortcomings of some of these measures. 43 Given the
large number of individuals who can be caught in the resolutions’ broad net, there is
evident concern that some States will abuse the systems set up through these resolutions to
target “undesirable” individuals, including members of civil society. This will lead to such
individuals being subjected to the numerous impingements that these resolutions allow on
37
A/73/361, para. 19. See also A/65/258, A/67/396 and A/HRC/34/61.
38
Alice Debarre, “Safeguarding medical care and humanitarian action in the UN counterterrorism
framework” (International Peace Institute, 2018).
The Security Council defines “support” for terrorism very loosely. See its resolution 1373 (2001),
para. 1 (d).
39
40
41
42
43
A/70/371, para. 32.
Norwegian Refugee Council, “Principles under pressure” (2018).
A/73/314, para. 52. Exemptions exist, but can be limited. See also A/70/371 and A/73/314, para. 51.
A/HRC/29/51 and A/73/361.
7
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