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Terrorism/ISIL: Adoption of Security Council Resolution 2170 (2014)

Published Friday August 15 2014

The Security Council unanimously adopted Resolution 2170:

The Security Council,

Reaffirming its resolutions 1267 (1999) , 1373 (2001) , 1618 (2005) , 1624 (2005) , 2083 (2012) 2129 (2013) , 2133 (2014) , 2161 (2014) , and its relevant Presidential Statements,

Reaffirming the independence, sovereignty, unity and territorial integrity of the Republic of Iraq and Syrian Arab Republic, and reaffirming further the purposes and principles of the Charter of the United Nations,

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,

Expressing its gravest concern that territory in parts of Iraq and Syria is under the control of Islamic State in Iraq and the Levant (ISIL) and Al Nusrah Front (ANF) and about the negative impact of their presence, violent extremist ideology and actions on stability in Iraq, Syria and the region, including the devastating humanitarian impact on the civilian populations which has led to the displacement of millions of people, and about their acts of violence that foment sectarian tensions,

Reiterating its condemnation of ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al Qaida for ongoing and multiple criminal terrorist acts aimed at causing the deaths of civilians and other victims, destruction of property and of cultural and religious sites, and greatly undermining stability, and recalling that the asset freeze, travel ban and arms embargo requirements in paragraph 1 of resolution 2161 (2014) apply to ISIL, ANF, and all other individuals, groups, undertakings, and entities associated with Al-Qaida,

Reaffirming that terrorism, including the actions of ISIL, cannot and should not be associated with any religion, nationality, or civilization,

Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States, and international and regional organizations to impede, impair, isolate and incapacitate the terrorist threat,

Reaffirming that Member States must ensure that any measures taken to combat terrorism, including while implementing this resolution, comply with all their obligations under international law, in particular international human rights, refugee and international humanitarian law, and underscoring that effective counter-terrorism measures and respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing, 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,

Reaffirming that those who have committed or are otherwise responsible for violations of international humanitarian law or violations or abuses of human rights in Iraq and Syria, including persecution of individuals on the basis of their religion or belief, or on political

Gravely concerned by the financing of, and financial and other resources obtained by, ISIL, ANF and all other individuals, groups, undertakings, and entities associated with Al-Qaida, and underscoring that these resources will support their future terrorist activities,

Strongly condemning incidents of kidnapping and hostage-taking committed by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida for any purpose, including with the aim of raising funds or gaining political concessions, expressing its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law, calling upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages, and reaffirming the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups,

Expressing concern at the flow of foreign terrorist fighters to ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and the scale of this phenomenon,

Expressing concern at the increased use, in a globalized society, by terrorists and their supporters of new information and communication technologies, in particular the Internet, for the purposes of recruitment and incitement to commit terrorist acts, as well as for the financing, planning and preparation of their activities, 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,

Condemning in the strongest terms the incitement of terrorist acts and repudiating attempts at the justification or glorification (apologie) of terrorist acts that may incite further terrorist acts,

Underlining the primary responsibility of Member States to protect civilian population on their territories, in accordance with their obligations under international law,

Urging all parties to protect the civilian population, in particular women and children, affected by the violent activities of ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, especially against any form of sexual violence,

Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee and humanitarian law, threats to international peace and security caused by terrorist acts, stressing in this regard the important role the United Nations plays in leading and coordinating this effort,

Noting with concern the continued threat posed to international peace and security by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and reaffirming its resolve to address all aspects of that threat,

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

1. Deplores and condemns in the strongest terms the terrorist acts of ISIL and its violent extremist ideology, and its continued gross, systematic and widespread abuses of human rights and violations of international humanitarian law;

2. Strongly condemns the indiscriminate killing and deliberate targeting of civilians, numerous atrocities, mass executions and extrajudicial killings, including of soldiers, persecution of individuals and entire communities on the basis of their religion or belief, kidnapping of civilians, forced displacement of members of minority groups, killing and maiming of children, recruitment and use of children, rape and other forms of sexual violence, arbitrary detention, attacks on schools and hospitals, destruction of cultural and religious sites and obstructing the exercise of economic, social and cultural rights, including the right to education, especially in the Syrian governorates of Ar-Raqqah, Deir ez-Zor, Aleppo and Idlib, in northern Iraq, especially in Tamim, Salaheddine and Niniveh provinces;

3. Recalls that widespread or systematic attacks directed against any civilian populations because of their ethnic or political background, religion or belief may constitute a crime against humanity, emphasises the need to ensure that ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida are held accountable for abuses of human rights and violations of international humanitarian law, urges all parties to prevent such violations and abuses;

4. Demands that ISIL, ANF, and all other individuals, groups, undertakings and entities associated with Al-Qaida cease all violence and terrorist acts, and disarm and disband with immediate effect;

5. Urges all States, in accordance with their obligations under resolution 1373 (2001) , to cooperate in efforts to find and bring to justice individuals, groups, undertakings and entities associated with Al-Qaida including ISIL and ANF who perpetrate, organize and sponsor terrorist acts and in this regard underlines the importance of regional cooperation;

6. Reiterates its call upon all States to take all measures as may be necessary and appropriate and in accordance with their obligations under international law to counter incitement of terrorist acts motivated by extremism and intolerance perpetrated by individuals or entities associated with ISIL, ANF and Al-Qaida and to prevent the subversion of educational, cultural, and religious institutions by terrorists and their supporters;

Foreign Terrorist Fighters

7. Condemns the recruitment by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida of foreign terrorist fighters, whose presence is exacerbating conflict and contributing to violent radicalisation, demands that all foreign terrorist fighters associated with ISIL and other terrorist groups withdraw immediately, and expresses its readiness to consider listing those recruiting for or participating in the activities of ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida under the Al-Qaida sanctions regime, including through financing or facilitating, for ISIL or ANF, of travel of foreign terrorist fighters;

8. Calls upon all Member States to take national measures to suppress the flow of foreign terrorist fighters to, and bring to justice, in accordance with applicable international law, foreign terrorist fighters of, ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, reiterates further the obligation of Member States to prevent the movement of terrorists or terrorist groups, in accordance with applicable international law, by, inter alia, effective border controls, and, in this context, to exchange information expeditiously, improve cooperation among competent authorities to prevent the movement of terrorists and terrorist groups to and from their territories, the supply of weapons for terrorists and financing that would support terrorists;

9. Encourages all Member States to engage with those within their territories at risk of recruitment and violent radicalisation to discourage travel to Syria and Iraq for the purposes of supporting or fighting for ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida;

10. Reaffirms its decision that States shall prevent the direct or indirect supply, sale, or transfer to ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities, as well as its calls for States to find ways of intensifying and accelerating the exchange of operational information regarding traffic in arms, and to enhance coordination of efforts on national, subregional, regional and international levels;

Terrorist Financing

11. Reaffirms its resolution 1373 (2001) and in particular its decisions that all States shall prevent and suppress the financing of terrorist acts and refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists;

12. Recalls its decision in resolution 2161 (2014) that all States shall ensure that no funds, financial assets or economic resources are made available, directly or indirectly for the benefit of ISIL, ANF, or any other individuals, groups, undertakings and entities associated with Al-Qaida, by their nationals or by persons within their territory, and reaffirms its decision in resolution 1373 (2001) that all States shall prohibit their nationals or any persons and entities within their territories from making any funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of persons who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, or for the benefit of entities owned or controlled, directly or indirectly, by such persons and of persons and entities acting on behalf of or at the direction of such persons;

13. Notes with concern that oilfields and related infrastructure controlled by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, are generating income which support their recruitment efforts and strengthen their operational capability to organise and carry out terrorist attacks;

14. Condemns any engagement in direct or indirect trade involving ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al‑Qaida, and reiterates that such engagement could constitute financial support for entities designated by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”) and may lead to further listings by the Committee;

15. Emphasises the importance of all Member States complying with their obligation to ensure that their nationals and persons within their territory do not make donations to individuals and entities designated by the Committee or those acting on behalf of or at the direction of designated entities;

16. Expresses its concern that aircraft or other transport departing from territory controlled by ISIL could be used to transfer gold or other valuable items and economic resources for sale on international markets, or to make other arrangements that could result in violations of the asset freeze;

17. Confirms that the requirements in paragraph 1 (a) of resolution 2161 (2014) shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida Sanctions List, regardless of how or by whom the ransom is paid;

Sanctions

18. Observes that ISIL is a splinter group of Al-Qaida, recalls that ISIL and ANF are included on the Al-Qaida sanctions list and in this regard, expresses its readiness to consider listing individuals, groups, undertakings and entities providing support to ISIL or to ANF, including those who are financing, arming, planning or recruiting for ISIL or ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida through information and communications technologies including the internet and social media or through any other means;

19. Decides that the individuals specified in Annex I of this resolution shall be subject to the measures imposed in paragraph 1 of resolution 2161 (2014) and added to the Al-Qaida Sanctions List;

20. Directs the Committee to make accessible on the Committee’s website the narrative summaries of reasons for listing the individuals specified in Annex I of this resolution as agreed by the Council and confirms that the provisions of resolution 2161 (2014) and subsequent relevant resolutions shall apply to the names specified in Annex I for so long as they remain on the Al Qaida Sanctions List;

21. Encourages the submission of listing requests to the Committee by Member States of individuals and entities supporting ISIL, ANF, and all other individuals, groups, undertakings and entities associated with Al-Qaida and further encourages the Committee to urgently consider additional designations of individuals and entities supporting ISIL and ANF;

Reporting

22. Directs the Monitoring Team to submit a report to the Committee within 90 days on the threat, including to the region, posed by ISIL and ANF, their sources of arms, funding, recruitment and demographics, and recommendations for additional action to address the threat and requests that, after a Committee discussion of this report, the chair of the Committee to brief the Security Council on its principal findings;

23. Requests UNAMI, within its mandate, capabilities, and its areas of operation, to assist the Committee and the Analytical Support and Sanctions Monitoring Team established by resolution 1526 (2004) , including by passing information relevant to the implementation of the measures in paragraph 1 of resolution 2161 (2014) ;

24. Decides to remain seized of this matter.

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