Volume VI (Annexes 85-128)

INTERNATIONAL COURT OF JUSTICE
APPEAL RELATING TO THE JURISDICTION OF THE
ICAO COUNCIL UNDER ARTICLE II, SECTION 2, OF THE
1944 INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT
(BAHRAIN, EGYPT AND UNITED ARAB EMIRATES v. QATAR)
MEMORIAL OF THE KINGDOM OF BAHRAIN,
THE ARAB REPUBLIC OF EGYPT
AND THE UNITED ARAB EMIRATES
Volume VI of VII
Annexes 85 – 128
27 DECEMBER 2018

LIST OF ANNEXES
VOLUME VI
United Nations and European Union documents
Annex 85
United Nations, General Assembly Resolution 2131 (XX), Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty, 21 December 1965
2017
Annex 86
United Nations, General Assembly Resolution 2625 (XXV), Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, 24 October 1970
2021
Annex 87
United Nations, Resolution 1267 (1999) adopted by the Security Council at its 4051st Meeting on
15 October 1999
2027
Annex 88
United Nations, Resolution 1373 (2001) adopted by the Security Council at its 4385th Meeting on
28 September 2001
2033
Annex 89
United Nations Press Release SC/7803, “Security Council Committee Adds Names of 17 Individuals to Al-Qaida Section of Consolidated List”, 26 June 2003
2039
Annex 90
United Nations, Resolution 1624 (2005) adopted by the Security Council at its 5261st Meeting,
14 September 2005
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Annex 91
Council Implementing Regulation (EU) No 611/2011 of 23 June 2011 Implementing Regulation (EU) No 422/2011 Concerning Restrictive Measures in View of the Situation in Syria, 2011
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i
Annex 92
United Nations, Resolution 2133 (2014) adopted by the Security Council at its 7101st Meeting, 27 January 2014
2049
Annex 93
United Nations, Resolution 2178 (2014) adopted by the Security Council at its 7272nd Meeting,
24 September 2014
2053
Annex 94
United Nations, Resolution 2199 (2015) adopted by the Security Council at its 7379th Meeting, 12 February 2015
2063
Annex 95
Security Council Committee Pursuant to Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) Concerning ISIL (Da’esh) Al-Qaida and Associated Individuals, Groups, Undertakings and Entities, Narrative Summaries of Reasons for Listing QDi.380 Abd al-Latif bin Abdallah Salih Muhammad al-Kawari, United Nations Security Council Subsidiary Organs (last updated
21 September 2015)
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Annex 96
Security Council Committee Pursuant to Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) Concerning ISIL (Da’esh) Al-Qaida and Associated Individuals, Groups, Undertakings and Entities, Narrative Summaries of Reasons for Listing QDi.382 Sa’d bin Sa’d Muhammad Shariyan al-Ka’bi, United Nations Security Council Subsidiary Organs (last updated 21 September 2015)
2075
Annex 97
United Nations Security Council, 8007th Meeting, 20 July 2017
2079
Annex 98
United Nations, Resolution 2396 (2017) adopted by the Security Council at its 8148th Meeting,
21 December 2017
2087
Annex 99
United Nations Security Council, “The List established and maintained pursuant to Security Council res. 223 (2015)”, generated on 23 November 2018
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Press Articles and Television Clips
Annex 100
“Threats and Responses: Counterterrorism; Qaeda Aide Slipped Away Long Before Sept. 11 Attack”, The New York Times, 8 March 2003
2111
Annex 101
Video Excerpts of Yusuf Al-Qaradawi, Al Jazeera Television, 28-30 January 2009
2117
Annex 102
Video Excerpt of Yusuf Al-Qaradawi, ‘Sharia and Life’, Al Jazeera Television, 17 March 2013
2121
Annex 103
“Muslim Brotherhood Opponents and Al-Jazeera Employees Protest: The Channel Is Biased and Unprofessional”, Middle East Media Research Institute, 12 July 2013
2125
Annex 104
“Qatar criticizes Egypt’s designation of the Muslim Brotherhood as a terrorist organization”, BBC Arabic,
4 January 2014
2131
Annex 105
“Update 2 – Egypt summons Qatari envoy after criticisms of crackdown”, Reuters, 4 January 2014
2137
Annex 106
E. Dickinson, “How Qatar Lost the Middle East”, Foreign Policy, 5 March 2014
2143
Annex 107
“UAE Cabinet Approves List of Designated Terrorist Organisations, Groups”, Emirates News Agency,
16 November 2014
2147
Annex 108
“Islamic State: Egyptian Christians held in Libya ‘killed’”, BBC, 15 February 2015
2151
Annex 109
T. Kamal, “Thousands Mourn Egyptian Victims of Islamic State in Disbelief”, Reuters, 16 February 2015
2155
Annex 110
J. Malsin and C. Stephen, “Egyptian Air Strikes in Libya Kill Dozens of Isis Militants”, The Guardian,
17 February 2015
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iii
Annex 111
“Al-Nusra Leader Jolani Announces Split from al-Qaeda”, Al Jazeera, 29 July 2016
2165
Annex 112
R. al-Nu’aymi (@binomeir), Twitter, 14 December 2016, 05:08 a.m.
2169
Annex 113
A. Tamimi, “Hamas’ Political Document: What to Expect”, Al Jazeera, 1 May 2017
2173
Annex 114
D. McElroy, “Qatar’s Top Terror Suspect Hosts Prime Minister at Wedding”, The National, 17 April 2018
2177
Annex 115
“Qatar Says ‘No Hypocrisy’, Admits to PM Attending Wedding of Terrorist’s Son”, Al Arabiya, 22 April 2018
2181
Annex 116
“Qatar Must Improve Relations with Neighbors, Desist from Backing up Extremism, Terrorism, Regional Destabilization, Saudi Ambassador to UK Says”, Saudi Press Agency, 25 April 2018
2185
Annex 117
J. Warrick, “Hacked Messages Show Qatar Appearing to Pay Hundreds of Millions to Free Hostages”,
The Washington Post, 28 April 2018
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Annex 118
“Amir Hosts Iftar banquet for scholars, judges and imams”, Gulf Times, 30 May 2018
2195
Annex 119
D. McElroy, “US Advisers Quit Qatar Role as Emir Dines with Muslim Brotherhood Leader”, The National, 7 June 2018
2197
Annex 120
P. Wood, “‘Billion Dollar Ransom’: Did Qatar Pay Record Sum?”, BBC, 17 July 2018
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Annex 121
“Hacked Phone Messages Shed Light on Massive Payoff that Ended Iraqi Hostage Affair”, The Washington Post, Undated
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Writings of Publicists
Annex 122
R. I. R. Abeyratne, “Law Making and Decision Making Powers of the ICAO Council – A Critical Analysis”, (1992) 41 Zeitschrift für Luft- und Weltraumrecht 387
2221
Annex 123
J. Bae, “Review of the Dispute Settlement Mechanism Under the International Civil Aviation Organization: Contradiction of Political Body Adjudication”, (2013) 4(1) Journal of International Dispute Settlement 65
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Annex 124
D. Bowett, J. Crawford, I. Sinclair & A. Watts, “Efficiency of Procedures and Working Methods: Report of the Study Group established by the British Institute of International and Comparative Law as a contribution to the UN Decade of International Law”, (1996)
45 International and Comparative Law Quarterly 1
2249
Annex 125
T. Buergenthal, Law-making in the International Civil Aviation Organization, 1969, Part III
2283
Annex 126
G. F. Fitzgerald, “The Judgment of the International Court of Justice in the Appeal Relating to the Jurisdiction of the ICAO Council”, (1974) 12 Canadian Yearbook of International Law 153
2361
Annex 127
M. Milde, International Air Law and ICAO, 3rd ed., 2016
2395
Annex 128
E. Warner, “Notes from PICAO Experience”, (1946)
1 Air Affairs 30
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v

Annex 85
United Nations, General Assembly Resolution 2131 (XX),
Declaration on the Inadmissibility of Intervention in the
Domestic Affairs of States and the Protection of Their
Independence and Sovereignty, 21 December 1965
United Nations document A/RES/20/2131
2017
2018
Annex 85
Annex 85
2019
2020
Annex 85
Annex 86
United Nations, General Assembly Resolution 2625 (XXV),
Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States in accordance
with the Charter of the United Nations, 24 October 1970
United Nations document A/RES/25/2625
2021
2022
Annex 86
Annex 86
2023
2024
Annex 86
Annex 86
2025
2026
Annex 87
United Nations, Resolution 1267 (1999) adopted by the Security
Council at its 4051st Meeting on 15 October 1999
Website of the United Nations available at
http://www.un.org/ga/search/view_doc.asp?symbol= S/RES/1267%281999%29
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Annex 87
UNITEDUNITEDSNATIONSNATIONSSecurityCouncilDistr.GENERALS/RES/1267(1999)15October1999RESOLUTION1267(1999)AdoptedbytheSecurityCouncilatits4051stmeetingon15October1999TheSecurityCouncil,Reaffirmingitspreviousresolutions,inparticularresolutions1189(1998)of13August1998,1193(1998)of28August1998and1214(1998)of8December1998,andthestatementsofitsPresidentonthesituationinAfghanistan,Reaffirmingitsstrongcommitmenttothesovereignty,independence,territorialintegrityandnationalunityofAfghanistan,anditsrespectforAfghanistan’sculturalandhistoricalheritage,Reiteratingitsdeepconcernoverthecontinuingviolationsofinternationalhumanitarianlawandofhumanrights,particularlydiscriminationagainstwomenandgirls,andoverthesignificantriseintheillicitproductionofopium,andstressingthatthecapturebytheTalibanoftheConsulate-GeneraloftheIslamicRepublicofIranandthemurderofIraniandiplomatsandajournalistinMazar-e-Sharifconstitutedflagrantviolationsofestablishedinternationallaw,Recallingtherelevantinternationalcounter-terrorismconventionsandinparticulartheobligationsofpartiestothoseconventionstoextraditeorprosecuteterrorists,StronglycondemningthecontinuinguseofAfghanterritory,especiallyareascontrolledbytheTaliban,fortheshelteringandtrainingofterroristsandplanningofterroristacts,andreaffirmingitsconvictionthatthesuppressionofinternationalterrorismisessentialforthemaintenanceofinternationalpeaceandsecurity,DeploringthefactthattheTalibancontinuestoprovidesafehaventoUsamabinLadenandtoallowhimandothersassociatedwithhimtooperateanetworkofterroristtrainingcampsfromTaliban-controlledterritoryandtouseAfghanistanasabasefromwhichtosponsorinternationalterroristoperations,99-30044(E)/...
Annex 87
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S/RES/1267(1999)Page2NotingtheindictmentofUsamabinLadenandhisassociatesbytheUnitedStatesofAmericafor,interalia,the7August1998bombingsoftheUnitedStatesembassiesinNairobi,Kenya,andDaresSalaam,TanzaniaandforconspiringtokillAmericannationalsoutsidetheUnitedStates,andnotingalsotherequestoftheUnitedStatesofAmericatotheTalibantosurrenderthemfortrial(S/1999/1021),DeterminingthatthefailureoftheTalibanauthoritiestorespondtothedemandsinparagraph13ofresolution1214(1998)constitutesathreattointernationalpeaceandsecurity,Stressingitsdeterminationtoensurerespectforitsresolutions,ActingunderChapterVIIoftheCharteroftheUnitedNations,1.InsiststhattheAfghanfactionknownastheTaliban,whichalsocallsitselftheIslamicEmirateofAfghanistan,complypromptlywithitspreviousresolutionsandinparticularceasetheprovisionofsanctuaryandtrainingforinternationalterroristsandtheirorganizations,takeappropriateeffectivemeasurestoensurethattheterritoryunderitscontrolisnotusedforterroristinstallationsandcamps,orforthepreparationororganizationofterroristactsagainstotherStatesortheircitizens,andcooperatewitheffortstobringindictedterroriststojustice;2.DemandsthattheTalibanturnoverUsamabinLadenwithoutfurtherdelaytoappropriateauthoritiesinacountrywherehehasbeenindicted,ortoappropriateauthoritiesinacountrywherehewillbereturnedtosuchacountry,ortoappropriateauthoritiesinacountrywherehewillbearrestedandeffectivelybroughttojustice;3.Decidesthaton14November1999allStatesshallimposethemeasuressetoutinparagraph4below,unlesstheCouncilhaspreviouslydecided,onthebasisofareportoftheSecretary-General,thattheTalibanhasfullycompliedwiththeobligationsetoutinparagraph2above;4.Decidesfurtherthat,inordertoenforceparagraph2above,allStatesshall:(a)Denypermissionforanyaircrafttotakeofffromorlandintheirterritoryifitisowned,leasedoroperatedbyoronbehalfoftheTalibanasdesignatedbytheCommitteeestablishedbyparagraph6below,unlesstheparticularflighthasbeenapprovedinadvancebytheCommitteeonthegroundsofhumanitarianneed,includingreligiousobligationsuchastheperformanceoftheHajj;(b)Freezefundsandotherfinancialresources,includingfundsderivedorgeneratedfrompropertyownedorcontrolleddirectlyorindirectlybytheTaliban,orbyanyundertakingownedorcontrolledbytheTaliban,asdesignatedbytheCommitteeestablishedbyparagraph6below,andensurethatneithertheynoranyotherfundsorfinancialresourcessodesignatedaremadeavailable,bytheirnationalsorbyanypersonswithintheirterritory,toorforthebenefitoftheTalibanoranyundertakingownedorcontrolled,directlyorindirectly,/...
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S/RES/1267(1999)Page3bytheTaliban,exceptasmaybeauthorizedbytheCommitteeonacase-by-casebasisonthegroundsofhumanitarianneed;5.UrgesallStatestocooperatewitheffortstofulfilthedemandinparagraph2above,andtoconsiderfurthermeasuresagainstUsamabinLadenandhisassociates;6.Decidestoestablish,inaccordancewithrule28ofitsprovisionalrulesofprocedure,aCommitteeoftheSecurityCouncilconsistingofallthemembersoftheCounciltoundertakethefollowingtasksandtoreportonitsworktotheCouncilwithitsobservationsandrecommendations:(a)ToseekfromallStatesfurtherinformationregardingtheactiontakenbythemwithaviewtoeffectivelyimplementingthemeasuresimposedbyparagraph4above;(b)ToconsiderinformationbroughttoitsattentionbyStatesconcerningviolationsofthemeasuresimposedbyparagraph4aboveandtorecommendappropriatemeasuresinresponsethereto;(c)TomakeperiodicreportstotheCouncilontheimpact,includingthehumanitarianimplications,ofthemeasuresimposedbyparagraph4above;(d)TomakeperiodicreportstotheCounciloninformationsubmittedtoitregardingallegedviolationsofthemeasuresimposedbyparagraph4above,identifyingwherepossiblepersonsorentitiesreportedtobeengagedinsuchviolations;(e)Todesignatetheaircraftandfundsorotherfinancialresourcesreferredtoinparagraph4aboveinordertofacilitatetheimplementationofthemeasuresimposedbythatparagraph;(f)Toconsiderrequestsforexemptionsfromthemeasuresimposedbyparagraph4aboveasprovidedinthatparagraph,andtodecideonthegrantingofanexemptiontothesemeasuresinrespectofthepaymentbytheInternationalAirTransportAssociation(IATA)totheaeronauticalauthorityofAfghanistanonbehalfofinternationalairlinesforairtrafficcontrolservices;(g)Toexaminethereportssubmittedpursuanttoparagraph9below;7.CallsuponallStatestoactstrictlyinaccordancewiththeprovisionsofthisresolution,notwithstandingtheexistenceofanyrightsorobligationsconferredorimposedbyanyinternationalagreementoranycontractenteredintooranylicenceorpermitgrantedpriortothedateofcomingintoforceofthemeasuresimposedbyparagraph4above;8.CallsuponStatestobringproceedingsagainstpersonsandentitieswithintheirjurisdictionthatviolatethemeasuresimposedbyparagraph4aboveandtoimposeappropriatepenalties;9.CallsuponallStatestocooperatefullywiththeCommitteeestablishedbyparagraph6aboveinthefulfilmentofitstasks,including/...
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S/RES/1267(1999)Page4supplyingsuchinformationasmayberequiredbytheCommitteeinpursuanceofthisresolution;10.RequestsallStatestoreporttotheCommitteeestablishedbyparagraph6abovewithin30daysofthecomingintoforceofthemeasuresimposedbyparagraph4aboveonthestepstheyhavetakenwithaviewtoeffectivelyimplementingparagraph4above;11.RequeststheSecretary-GeneraltoprovideallnecessaryassistancetotheCommitteeestablishedbyparagraph6aboveandtomakethenecessaryarrangementsintheSecretariatforthispurpose;12.RequeststheCommitteeestablishedbyparagraph6abovetodetermineappropriatearrangements,onthebasisofrecommendationsoftheSecretariat,withcompetentinternationalorganizations,neighbouringandotherStates,andpartiesconcernedwithaviewtoimprovingthemonitoringoftheimplementationofthemeasuresimposedbyparagraph4above;13.RequeststheSecretariattosubmitforconsiderationbytheCommitteeestablishedbyparagraph6aboveinformationreceivedfromGovernmentsandpublicsourcesonpossibleviolationsofthemeasuresimposedbyparagraph4above;14.Decidestoterminatethemeasuresimposedbyparagraph4aboveoncetheSecretary-GeneralreportstotheSecurityCouncilthattheTalibanhasfulfilledtheobligationsetoutinparagraph2above;15.Expressesitsreadinesstoconsidertheimpositionoffurthermeasures,inaccordancewithitsresponsibilityundertheCharteroftheUnitedNations,withtheaimofachievingthefullimplementationofthisresolution;16.Decidestoremainactivelyseizedofthematter.-----
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United Nations, Resolution 1373 (2001) adopted by the Security Council
at its 4385th Meeting on 28 September 2001
Website of the United Nations available at https://undocs.org/S/RES/1373(2001)
2033
United NationsS/RES/1373 (2001) Security CouncilDistr.: General28 September 200101-55743 (E)*0155743*Resolution 1373 (2001)Adopted by the Security Council at its 4385th meeting, on28 September 2001The Security Council,Reaffirming its resolutions 1269 (1999) of 19 October 1999 and 1368 (2001) of12 September 2001,Reaffirming also its unequivocal condemnation of the terrorist attacks whichtook place in New York, Washington, D.C. and Pennsylvania on 11 September 2001,and expressing its determination to prevent all such acts,Reaffirming further that such acts, like any act of international terrorism,constitute a threat to international peace and security,Reaffirming the inherent right of individual or collective self-defence asrecognized by the Charter of the United Nations as reiterated in resolution 1368(2001),Reaffirming the need to combat by all means, in accordance with the Charter ofthe United Nations, threats to international peace and security caused by terroristacts,Deeply concerned by the increase, in various regions of the world, of acts ofterrorism motivated by intolerance or extremism,Calling on States to work together urgently to prevent and suppress terroristacts, including through increased cooperation and full implementation of therelevant international conventions relating to terrorism,Recognizing the need for States to complement international cooperation bytaking additional measures to prevent and suppress, in their territories through alllawful means, the financing and preparation of any acts of terrorism,Reaffirming the principle established by the General Assembly in itsdeclaration of October 1970 (resolution 2625 (XXV)) and reiterated by the SecurityCouncil in its resolution 1189 (1998) of 13 August 1998, namely that every Statehas the duty to refrain from organizing, instigating, assisting or participating interrorist acts in another State or acquiescing in organized activities within itsterritory directed towards the commission of such acts,Acting under Chapter VII of the Charter of the United Nations,
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2S/RES/1373 (2001)1.Decides that all States shall:(a)Prevent and suppress the financing of terrorist acts;(b)Criminalize the wilful provision or collection, by any means, directly orindirectly, of funds by their nationals or in their territories with the intention that thefunds should be used, or in the knowledge that they are to be used, in order to carryout terrorist acts;(c)Freeze without delay funds and other financial assets or economicresources of persons who commit, or attempt to commit, terrorist acts or participatein or facilitate the commission of terrorist acts; of entities owned or controlleddirectly or indirectly by such persons; and of persons and entities acting on behalfof, or at the direction of such persons and entities, including funds derived orgenerated from property owned or controlled directly or indirectly by such personsand associated persons and entities;(d)Prohibit their nationals or any persons and entities within their territoriesfrom making any funds, financial assets or economic resources or financial or otherrelated services available, directly or indirectly, for the benefit of persons whocommit or attempt to commit or facilitate or participate in the commission ofterrorist acts, of entities owned or controlled, directly or indirectly, by such personsand of persons and entities acting on behalf of or at the direction of such persons;2.Decides also that all States shall:(a)Refrain from providing any form of support, active or passive, to entitiesor persons involved in terrorist acts, including by suppressing recruitment ofmembers of terrorist groups and eliminating the supply of weapons to terrorists;(b)Take the necessary steps to prevent the commission of terrorist acts,including by provision of early warning to other States by exchange of information;(c)Deny safe haven to those who finance, plan, support, or commit terroristacts, or provide safe havens;(d)Prevent those who finance, plan, facilitate or commit terrorist acts fromusing their respective territories for those purposes against other States or theircitizens;(e)Ensure that any person who participates in the financing, planning,preparation or perpetration of terrorist acts or in supporting terrorist acts is broughtto justice and ensure that, in addition to any other measures against them, suchterrorist acts are established as serious criminal offences in domestic laws andregulations and that the punishment duly reflects the seriousness of such terroristacts;(f)Afford one another the greatest measure of assistance in connection withcriminal investigations or criminal proceedings relating to the financing or supportof terrorist acts, including assistance in obtaining evidence in their possessionnecessary for the proceedings;(g)Prevent the movement of terrorists or terrorist groups by effective bordercontrols and controls on issuance of identity papers and travel documents, andthrough measures for preventing counterfeiting, forgery or fraudulent use of identitypapers and travel documents;
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3S/RES/1373 (2001)3.Calls upon all States to:(a)Find ways of intensifying and accelerating the exchange of operationalinformation, especially regarding actions or movements of terrorist persons ornetworks; forged or falsified travel documents; traffic in arms, explosives orsensitive materials; use of communications technologies by terrorist groups; and thethreat posed by the possession of weapons of mass destruction by terrorist groups;(b)Exchange information in accordance with international and domestic lawand cooperate on administrative and judicial matters to prevent the commission ofterrorist acts;(c)Cooperate, particularly through bilateral and multilateral arrangementsand agreements, to prevent and suppress terrorist attacks and take action againstperpetrators of such acts;(d)Become parties as soon as possible to the relevant internationalconventions and protocols relating to terrorism, including the InternationalConvention for the Suppression of the Financing of Terrorism of 9 December 1999;(e)Increase cooperation and fully implement the relevant internationalconventions and protocols relating to terrorism and Security Council resolutions1269 (1999) and 1368 (2001);(f)Take appropriate measures in conformity with the relevant provisions ofnational and international law, including international standards of human rights,before granting refugee status, for the purpose of ensuring that the asylum-seekerhas not planned, facilitated or participated in the commission of terrorist acts;(g)Ensure, in conformity with international law, that refugee status is notabused by the perpetrators, organizers or facilitators of terrorist acts, and that claimsof political motivation are not recognized as grounds for refusing requests for theextradition of alleged terrorists;4.Notes with concern the close connection between international terrorismand transnational organized crime, illicit drugs, money-laundering, illegal arms-trafficking, and illegal movement of nuclear, chemical, biological and otherpotentially deadly materials, and in this regard emphasizes the need to enhancecoordination of efforts on national, subregional, regional and international levels inorder to strengthen a global response to this serious challenge and threat tointernational security;5.Declares that acts, methods, and practices of terrorism are contrary to thepurposes and principles of the United Nations and that knowingly financing,planning and inciting terrorist acts are also contrary to the purposes and principlesof the United Nations;6.Decides to establish, in accordance with rule 28 of its provisional rules ofprocedure, a Committee of the Security Council, consisting of all the members ofthe Council, to monitor implementation of this resolution, with the assistance ofappropriate expertise, and calls upon all States to report to the Committee, no laterthan 90 days from the date of adoption of this resolution and thereafter according toa timetable to be proposed by the Committee, on the steps they have taken toimplement this resolution;7.Directs the Committee to delineate its tasks, submit a work programmewithin 30 days of the adoption of this resolution, and to consider the support itrequires, in consultation with the Secretary-General;
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4S/RES/1373 (2001)8.Expresses its determination to take all necessary steps in order to ensurethe full implementation of this resolution, in accordance with its responsibilitiesunder the Charter;9.Decides to remain seized of this matter.
Annex 88
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United Nations Press Release SC/7803, “Security Council Committee
Adds Names of 17 Individuals to Al-Qaida Section of Consolidated
List”, 26 June 2003
Website of the United Nations available at
https://www.un.org/press/en/2003/sc7803.doc.htm
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Annex 90
United Nations, Resolution 1624 (2005) adopted by the Security Council
at its 5261st Meeting, 14 September 2005
Website of the United Nations available at https://undocs.org/S/RES/1624(2005)
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United NationsS/RES/1624 (2005)Security CouncilDistr.: General14 September 200505-51052 (E)*0551052*Resolution 1624 (2005)Adopted by the Security Council at its 5261st meeting, on14 September 2005The Security Council,Reaffirming its resolutions 1267 (1999) of 15 October 1999, 1373 (2001) of28 September 2001, 1535 (2004) of 26 March 2004, 1540 (2004) of 28 April 2004,1566 (2004) of 8 October 2004, and 1617 (2005) of 29 July 2005, the declarationannexed to its resolution 1456 (2003) of 20 January 2003, as well as its otherresolutions concerning threats to international peace and security caused by acts ofterrorism,Reaffirming also the imperative to combat terrorism in all its forms andmanifestations by all means, in accordance with the Charter of the United Nations,and also stressing that States must ensure that any measures taken to combatterrorism comply with all their obligations under international law, and should adoptsuch measures in accordance with international law, in particular internationalhuman rights law, refugee law, and humanitarian law,Condemning in the strongest terms all acts of terrorism irrespective of theirmotivation, whenever and by whomsoever committed, as one of the most seriousthreats to peace and security, and reaffirming the primary responsibility of theSecurity Council for the maintenance of international peace and security under theCharter of the United Nations,Condemningalso in the strongest terms the incitement of terrorist acts andrepudiating attempts at the justification or glorification (apologie) of terrorist actsthat may incite further terrorist acts,Deeply concerned that incitement of terrorist acts motivated by extremism andintolerance poses a serious and growing danger to the enjoyment of human rights,threatens the social and economic development of all States, undermines globalstability and prosperity, and must be addressed urgently and proactively by theUnited Nations and all States, and emphasizing the need to take all necessary andappropriate measures in accordance with international law at the national andinternational level to protect the right to life,Recalling the right to freedom of expression reflected in Article 19 of theUniversal Declaration of Human Rights adopted by the General Assembly in 1948(“the Universal Declaration”), and recalling also the right to freedom of expression
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2S/RES/1624 (2005)in Article 19 of the International Covenant on Civil and Political Rights adopted bythe General Assembly in 1966 (“ICCPR”) and that any restrictions thereon shallonly be such as are provided by law and are necessary on the grounds set out inparagraph 3 of Article 19 of the ICCPR,Recalling in addition the right to seek and enjoy asylum reflected in Article 14of the Universal Declaration and the non-refoulement obligation of States under theConvention relating to the Status of Refugees adopted on 28 July 1951, togetherwith its Protocol adopted on 31 January 1967 (“the Refugees Convention and itsProtocol”), and also recalling that the protections afforded by the RefugeesConvention and its Protocol shall not extend to any person with respect to whomthere are serious reasons for considering that he has been guilty of acts contrary tothe purposes and principles of the United Nations,Reaffirming that acts, methods, and practices of terrorism are contrary to thepurposes and principles of the United Nations and that knowingly financing,planning and inciting terrorist acts are also contrary to the purposes and principlesof the United Nations,Deeply concerned by the increasing number of victims, especially amongcivilians of diverse nationalities and beliefs, caused by terrorism motivated byintolerance or extremism in various regions of the world, reaffirming its profoundsolidarity with the victims of terrorism and their families, and stressing theimportance of assisting victims of terrorism and providing them and their familieswith support to cope with their loss and grief,Recognizing the essential role of the United Nations in the global effort tocombat terrorism and welcoming the Secretary-General’s identification of elementsof a counter-terrorism strategy to be considered and developed by the GeneralAssembly without delay with a view to adopting and implementing a strategy topromote comprehensive, coordinated and consistent responses at the national,regional and international level to counter terrorism,Stressing its call upon all States to become party, as a matter of urgency, to theinternational counter-terrorism Conventions and Protocols whether or not they areparty to regional Conventions on the matter, and to give priority consideration tosigning the International Convention for the Suppression of Nuclear Terrorismadopted by the General Assembly on 13 April 2005,Re-emphasizing that continuing international efforts to enhance dialogue andbroaden understanding among civilizations, in an effort to prevent theindiscriminate targeting of different religions and cultures, and addressingunresolved regional conflicts and the full range of global issues, includingdevelopment issues, will contribute to strengthening the international fight againstterrorism,Stressing the importance of the role of the media, civil and religious society,the business community and educational institutions in those efforts to enhancedialogue and broaden understanding, and in promoting tolerance and coexistence,and in fostering an environment which is not conducive to incitement of terrorism,Recognizing the importance that, in an increasingly globalized world, Statesact cooperatively to prevent terrorists from exploiting sophisticated technology,communications and resources to incite support for criminal acts,
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3S/RES/1624 (2005)Recalling that all States must cooperate fully in the fight against terrorism, inaccordance with their obligations under international law, in order to find, deny safehaven and bring to justice, on the basis of the principle of extradite or prosecute,any person who supports, facilitates, participates or attempts to participate in thefinancing, planning, preparation or commission of terrorist acts or provides safehavens,1.Calls upon all States to adopt such measures as may be necessary andappropriate and in accordance with their obligations under international law to:(a)Prohibit by law incitement to commit a terrorist act or acts;(b)Prevent such conduct;(c)Deny safe haven to any persons with respect to whom there is credibleand relevant information giving serious reasons for considering that they have beenguilty of such conduct;2.Calls upon all States to cooperate, inter alia, to strengthen the security oftheir international borders, including by combating fraudulent travel documents and,to the extent attainable, by enhancing terrorist screening and passenger securityprocedures with a view to preventing those guilty of the conduct in paragraph 1 (a)from entering their territory;3.Calls upon all States to continue international efforts to enhance dialogueand broaden understanding among civilizations, in an effort to prevent theindiscriminate targeting of different religions and cultures, and to take all measuresas may be necessary and appropriate and in accordance with their obligations underinternational law to counter incitement of terrorist acts motivated by extremism andintolerance and to prevent the subversion of educational, cultural, and religiousinstitutions by terrorists and their supporters;4.Stresses that States must ensure that any measures taken to implementparagraphs 1, 2 and 3 of this resolution comply with all of their obligations underinternational law, in particular international human rights law, refugee law, andhumanitarian law;5.Calls upon all States to report to the Counter-Terrorism Committee, aspart of their ongoing dialogue, on the steps they have taken to implement thisresolution;6.Directs the Counter-Terrorism Committee to:(a)Include in its dialogue with Member States their efforts to implement thisresolution;(b)Work with Member States to help build capacity, including throughspreading best legal practice and promoting exchange of information in this regard;(c)Report back to the Council in twelve months on the implementation ofthis resolution.7.Decides to remain actively seized of the matter.
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Council Implementing Regulation (EU) No 611/2011 of 23 June 2011 Implementing Regulation (EU) No 422/2011 Concerning Restrictive
Measures in View of the Situation in Syria, 2011
Website of the Publications Office of the European Union available at
https://publications.europa.eu/en/publication-detail/-/publication/
bc2bbb38-e068-402f-abda-0575760be015/language-en
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II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 611/2011 of 23 June 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria ( 1 ), and in particular Article 14(1) thereof, Whereas: In view of the gravity of the situation in Syria and in accordance with Council Implementing Decision 2011/367/CFSP of 23 June 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria ( 2 ), additional persons and entities should be included in the list of persons, entities and bodies subject to restrictive measures set out in Annex II to Regulation (EU) No 442/2011, HAS ADOPTED THIS REGULATION: Article 1 The persons and entities listed in the Annex to this Regulation shall be added to the list set out in Annex II to Regulation (EU) No 442/2011. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 June 2011. For the Council The President MARTONYI J.EN 24.6.2011 Official Journal of the European Union L 164/1 ( 1 ) OJ L 121, 10.5.2011, p. 1. ( 2 ) See page 14 of this Official Journal.
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ANNEX Persons and entities referred to in Article 1 A. Persons Name Identifying information (date of birth, place of birth…) Reasons Date of listing 1. Zoulhima CHALICHE (Dhu al-Himma SHALISH) Born in 1951 or 1946 in Kerdaha. Head of presidential security; involved in violence against demonstrators; first cousin of President Bashar Al-Assad. 23.6.2011 2. Riyad CHALICHE (Riyad SHALISH) Director of Military Housing Establishment; provides funding to the regime; first cousin of President Bashar Al-Assad. 23.6.2011 3. Brigadier Commander Mohammad Ali JAFARI (a.k.a. JA'FARI, Aziz; a.k.a. JAFARI, Ali; a.k.a. JAFARI, Mohammad Ali; a.k.a. JA'FARI, Mohammad Ali; a.k.a. JAFARI-NAJAFABADI, Mohammad Ali) DOB 1 Sep 1957; POB Yazd, Iran. General Commander of Iranian Revolutionary Guard Corps, involved in providing equipment and support to help the Syria regime suppress protests in Syria. 23.6.2011 4. Major General Qasem SOLEIMANI (a. k. a Qasim SOLEIMANY) Commander of Iranian Revolutionary Guard Corps, IRGC - Qods, involved in providing equipment and support to help the Syria regime suppress protests in Syria. 23.6.2011 5. Hossein TAEB (a.k.a. TAEB, Hassan; a.k.a. TAEB, Hosein; a.k.a. TAEB, Hossein; a.k.a. TAEB, Hussayn; a.k.a. Hojjatoleslam Hossein TA'EB) DOB 1963; POB Tehran, Iran. Deputy Commander for Intelligence of Iranian Revolutionary Guard Corps, involved in providing equipment and support to help the Syria regime suppress protests in Syria. 23.6.2011 6. Khalid QADDUR Business associate of Maher Al- Assad; provides funding to the regime. 23.6.2011 7. Ra'if AL-QUWATLI (a.k.a. Ri'af AL-QUWATLI) Business associate of Maher Al- Assad; provides funding to the regime. 23.6.2011 B. Entities Name Identifying information Reasons Date of listing 1. Bena Properties Controlled by Rami Makhlouf; provides funding to the regime. 23.6.2011 2. Al Mashreq Investment Fund (AMIF) (alias Sunduq Al Mashrek Al Istithmari) P.O. Box 108, Damascus Tel.: 963 112110059 / 963112110043 Fax: 963 933333149 Controlled by Rami Makhlouf; provides funding to the regime. 23.6.2011EN L 164/2 Official Journal of the European Union 24.6.2011
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Name Identifying information Reasons Date of listing 3. Hamcho International (a.k.a. Hamsho International Group) Baghdad Street, P.O. Box 8254, Damascus Tel.: 963 112316675 Fax: 963 112318875 Website: www.hamshointl.com Email: info@hamshointl. com et hamshogroup@ yahoo.com Controlled by Mohammad Hamcho or Hamsho; provides funding to the regime. 23.6.2011 4. Military Housing Establishment (alias MILIHOUSE) Public works company controlled by Riyad Shalish and Ministry of Defence; provides funding to the regime. 23.6.2011EN 24.6.2011 Official Journal of the European Union L 164/3
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United Nations, Resolution 2133 (2014) adopted by the Security
Council at its 7101st Meeting, 27 January 2014
Website of the United Nations available at https://undocs.org/S/RES/2133(2014)
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United Nations S/RES/2133 (2014)Security Council Distr.: General 27 January 2014 14-21793 (E) *1421793* Resolution 2133 (2014) Adopted by the Security Council at its 7101st meeting, on 27 January 2014 The Security Council,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 further reaffirming 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, Recalling all its relevant resolutions and Presidential Statements concerning threats to international peace and security caused by terrorist acts, Reiterating the obligation of Member States to prevent and suppress the financing of terrorist acts, Recalling relevant international counter-terrorism instruments, including the International Convention for the Suppression of the Financing of Terrorism and the International Convention against the Taking of Hostages, Strongly condemning incidents of kidnapping and hostage-taking committed by terrorist groups for any purpose, including raising funds or gaining political concessions, Expressing concern at the increase in incidents of kidnapping and hostage-taking committed by terrorist groups with the aim of raising funds, or gaining political concessions, in particular the increase in kidnappings by Al-Qaida and its affiliated groups, and underscoring that the payment of ransoms to terrorists funds future kidnappings and hostage-takings which creates more victims and perpetuates the problem, 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 and, in this regard, noting the work of the Global Counterterrorism Forum (GCTF), in particular its publication of several framework documents and good practices, including in the area of kidnapping for ransom, to complement the work of the relevant United Nations counter-terrorism entities,
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S/RES/2133 (2014) 14-217932/3Recognizing the need to further strengthen efforts to support victims and those affected by incidents of kidnapping for ransom and hostage-taking committed by terrorist groups and to give careful consideration to protecting the lives of hostages and those kidnapped, and reaffirming that States must ensure that any measures taken to counter terrorism comply with their obligations under international law, in particular international human rights law, refugee law, and international humanitarian law, as appropriate, Noting the decision of the Group of Eight Summit in Lough Erne to address the threat posed by kidnapping for ransom by terrorists and the preventive steps the international community can take in this regard and to encourage further expert discussion, including at the Roma Lyon group, to deepen understanding of this problem, and further noting that paragraph 225.6 of the Final Document of the 16th Summit of the Heads of State or Government of the Non-Aligned Movement condemned criminal incidences of hostage-taking with resultant demands for ransoms and/or other political concessions by terrorist groups, Expressing its commitment to support efforts to reduce terrorist groups’ access to funding and financial services through the ongoing work of United Nations counter-terrorism bodies and the Financial Action Task Force to improve anti-money laundering and terrorist financing frameworks worldwide, 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, Recalling its resolutions 1904 (2009),1989 (2011) and 2083 (2012), which, inter alia, confirm that the requirements of operative paragraph 1 (a) of these resolutions, also apply to the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida sanctions list, Reaffirming that acts, methods, and practices of terrorism are contrary to the purposes and principles of the United Nations and that knowingly financing, planning and inciting terrorist acts are also contrary to the purposes and principles of the United Nations, 1. 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; 2. Further 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, 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;
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S/RES/2133 (2014)3/314-21793 3. Calls 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; 4. Calls upon all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups; 5. Reaffirms its decision in resolution 1373 (2001) that all States shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts; 6. Recognizes the need to continue expert discussions on kidnapping for ransom by terrorists, and calls upon Member States to continue such expert discussions within the United Nations and other relevant international and regional organizations, including the GCTF, on additional steps the international community could take to prevent kidnappings and to prevent terrorists from benefiting directly or indirectly from using kidnapping to raise funds or gain political concessions; 7. Notes that ransom payments to terrorist groups are one of the sources of income which supports their recruitment efforts, strengthens their operational capability to organize and carry out terrorist attacks, and incentivizes future incidents of kidnapping for ransom; 8. Encourages the Counter-Terrorism Committee (CTC) established pursuant to resolution 1373 (2001) to hold, with the assistance of appropriate expertise, a Special Meeting with the participation of Member States and relevant international and regional organizations to discuss measures to prevent incidents of kidnapping and hostage-taking committed by terrorist groups to raise funds or gain political concessions, and requests the CTC to report to the Council on the outcomes of this Meeting; 9. Recalls the adoption by the GCTF of the “Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists” and encourages CTED to take it into account, as appropriate, consistent with its mandate, including in its facilitation of capacity building to Member States; 10. Calls upon all Member States to encourage private sector partners to adopt or to follow relevant guidelines and good practices for preventing and responding to terrorist kidnappings without paying ransoms; 11. Calls upon all Member States to cooperate and engage in dialogue with all relevant United Nations counter-terrorism bodies, as appropriate, to improve their capacities to counter the financing of terrorism, including from ransoms; 12. Encourages the Monitoring Team of the 1267/1989 Al-Qaida Sanctions Committee and the Committee established pursuant to resolution 1988 (2011) and other relevant United Nations counter-terrorism bodies to cooperate closely when providing information on the measures taken by Member States on this issue and on relevant trends and developments in this area; 13. Decides to remain seized of this matter.
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United Nations, Resolution 2178 (2014) adopted by the Security
Council at its 7272nd Meeting, 24 September 2014
Website of the United Nations available at https://undocs.org/S/RES/2178(2014)
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United Nations S/RES/2178 (2014) Security Council Distr.: General 24 September 2014 14-61606 (E) *1461606* Resolution 2178 (2014) Adopted by the Security Council at its 7272nd meeting, on 24 September 2014 The Security Council, 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, 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, Bearing in mind the need to address the conditions conducive to the spread of terrorism, and affirming Member States’ determination to continue to do all they can to resolve conflict and to deny terrorist groups the ability to put down roots and establish safe havens to address better the growing threat posed by terrorism, Emphasizing that terrorism cannot and should not be associated with any religion, nationality or civilization, 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, Reaffirming its respect for the sovereignty, territorial integrity and political independence of all States in accordance with the Charter, 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, including under the Charter
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S/RES/2178 (2014) 14-61606 2/8 of the United Nations, is one of the factors contributing to increased radicalization and fosters a sense of impunity, 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, Expressing grave concern about those who attempt to travel to become foreign terrorist fighters, Concerned that foreign terrorist fighters increase the intensity, duration and intractability of conflicts, and also may pose a serious threat to their States of origin, the States they transit and the States to which they travel, as well as States neighbouring zones of armed conflict in which foreign terrorist fighters are active and that are affected by serious security burdens, and noting that the threat of foreign terrorist fighters may affect all regions and Member States, even those far from conflict zones, and expressing grave concern that foreign terrorist fighters are using their extremist ideology to promote terrorism, Expressing concern that international networks have been established by terrorists and terrorist entities among States of origin, transit and destination through which foreign terrorist fighters and the resources to support them have been channelled 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, promoting political and religious tolerance, economic development and social cohesion and inclusiveness, ending and resolving armed conflicts, 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), 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
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S/RES/2178 (2014) 3/8 14-61606 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, Noting with appreciation the activities undertaken in the area of capacity building by United Nations entities, in particular entities of the Counter-Terrorism Implementation Task Force (CTITF), including the United Nations Office of Drugs and Crime (UNODC) and the United Nations Centre for Counter-Terrorism (UNCCT), and also the efforts of the Counter Terrorism Committee Executive Directorate (CTED) to facilitate technical assistance, specifically by promoting engagement between providers of capacity-building assistance and recipients, in coordination with other relevant international, regional and subregional organizations, to assist Member States, upon their request, in implementation of the United Nations Global Counter-Terrorism Strategy, Noting recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, and noting the work of the Global Counterterrorism Forum (GCTF), in particular its recent adoption of a comprehensive set of good practices to address the foreign terrorist fighter phenomenon, and its publication of several other 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 assist interested States with the practical implementation of the United Nations counter-terrorism legal and policy framework and to complement the work of the relevant United Nations counter-terrorism entities in these areas, 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 counter-terrorism fora and foreign terrorist fighter programme, Having regard to and highlighting the situation of individuals of more than one 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 law, including international human rights law, Calling upon States to ensure, in conformity with international law, in particular international human rights law and international refugee law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, including by foreign terrorist fighters, Reaffirming its call upon all States to become party to the international counter-terrorism conventions and protocols as soon as possible, whether or not they are a party to regional conventions on the matter, and to fully implement their obligations under those to which they are a party,
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S/RES/2178 (2014) 14-61606 4/8 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, Acting under Chapter VII of the Charter of the United Nations, 1. Condemns the violent extremism, which can be conducive to terrorism, sectarian violence, and the commission of terrorist acts by foreign terrorist fighters, and demands that all foreign terrorist fighters disarm and cease all terrorist acts and participation in armed conflict; 2. 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, in this regard, the importance of addressing, in accordance with their relevant international obligations, the threat posed by foreign terrorist fighters, and encourages Member States to employ evidence-based traveller risk assessment and screening procedures including collection and analysis of travel data, without resorting to profiling based on stereotypes founded on grounds of discrimination prohibited by international law; 3. Urges Member States, in accordance with domestic and international law, to intensify and accelerate the exchange of operational information regarding actions or movements of terrorists or terrorist networks, including foreign terrorist fighters, especially with their States of residence or nationality, through bilateral or multilateral mechanisms, in particular the United Nations; 4. 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, including children, 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; 5. 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; 6. 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: (a) 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
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S/RES/2178 (2014) 5/8 14-61606 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; (b) 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, (c) the wilful organization, or other facilitation, including acts of recruitment, 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; 7. 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, such as the internet, social media, or any other means; 8. 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 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; 9. Calls upon Member States to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”), and further calls upon Member States to report any such departure from their territories, or such 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; 10. 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
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S/RES/2178 (2014) 14-61606 6/8 readiness to consider designating, under resolution 2161 (2014), individuals associated with Al-Qaida who commit the acts specified in paragraph 6 above; International Cooperation 11. Calls upon Member States to improve international, regional, and subregional 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; 12. 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; 13. 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; 14. 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, in particular the States neighbouring zones of armed conflict where there are foreign terrorist fighters, and welcomes and encourages bilateral assistance by Member States to help build such national capacity; Countering Violent Extremism in Order to Prevent Terrorism 15. 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 this kind of violent extremism; 16. 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, religious, cultural and education leaders, and all other concerned groups of civil society and adopt tailored approaches to countering recruitment to this kind of violent extremism and promoting social inclusion and cohesion;
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S/RES/2178 (2014) 7/8 14-61606 17. 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; 18. 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; 19. 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, and underscores the role education can play in countering terrorist narratives; United Nations Engagement on the Foreign Terrorist Fighter Threat 20. 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; 21. 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 United Nations counter-terrorism 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; 22. 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 United Nations counter-terrorism bodies, in particular the CTITF; 23. Requests the Analytical Support and Sanctions Monitoring Team, in close cooperation with other United Nations counter-terrorism 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:
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S/RES/2178 (2014) 14-61606 8/8 (a) a comprehensive assessment of the threat posed by these foreign terrorist fighters, including their facilitators, the most affected regions and trends in radicalization to terrorism, facilitation, recruitment, demographics, and financing; and (b) recommendations for actions that can be taken to enhance the response to the threat posed by these foreign terrorist fighters; 24. 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, as well as to identify good practices to stem the flow of foreign terrorist fighters in the implementation of resolutions 1373 (2001) and 1624 (2005), and to facilitate technical assistance, specifically by promoting engagement between providers of capacity-building assistance and recipients, especially those in the most affected regions, including through the development, upon their request, of comprehensive counter-terrorism strategies that encompass countering violent radicalization and the flow of foreign terrorist fighters, recalling the roles of other relevant actors, for example the Global Counterterrorism Forum; 25. 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, and therefore merits close attention by the Counter-Terrorism Committee, consistent with its mandate; 26. Requests the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and the Counter-Terrorism Committee to update the Security Council on their respective efforts pursuant to this resolution; 27. Decides to remain seized of the matter.
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United Nations, Resolution 2199 (2015) adopted by the Security
Council at its 7379th Meeting, 12 February 2015
Website of the United Nations available at https://undocs.org/S/RES/2199(2015)
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United Nations S/RES/2199 (2015) Security Council Distr.: General 12 February 2015 15-01924 (E) *1501924* Resolution 2199 (2015) Adopted by the Security Council at its 7379th meeting, on 12 February 2015 The Security Council, Reaffirming its primary responsibility for the maintenance of international peace and security, in accordance with 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, 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, Emphasizing that sanctions are an important tool under the Charter of the United Nations in the maintenance and restoration of international peace and security including countering terrorism, and underlining the importance of prompt and effective implementation of relevant resolutions, in particular Security Council resolutions 1267 (1999) and 1989 (2011) as key instruments in the fight against terrorism, Recalling its Resolutions 1267 (1999), 1989 (2011), 2161 (2014), 2170 (2014), and 2178 (2014) and its Presidential Statements of 28 July 2014 and 19 November 2014, including its stated intention to consider additional measures to disrupt oil trade by Islamic State in Iraq and the Levant (ISIL, also known as Daesh), Al-Nusrah Front (ANF) and all other individuals, groups, undertakings and entities associated with Al-Qaida, as a source of terrorism financing, Recognizing the importance of the role that financial sanctions play in disrupting ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and emphasizing also the need for a comprehensive approach to fully disrupt ISIL and ANF that integrates multilateral strategies with national action by Member States,
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S/RES/2199 (2015) 15-01924 2/7 Reaffirming the independence, sovereignty, unity and territorial integrity of the Republic of Iraq and the Syrian Arab Republic, and reaffirming further the purposes and principles of the Charter of the United Nations, Reaffirming also that terrorism 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, Expressing, in this regard, its deep appreciation for Arab League Resolution 7804 (7 September 2014), the Paris Statement (15 September 2014), the FATF statement on countering the financing of ISIL (24 October 2014) and the Manama declaration on countering terrorist finance (9 November 2014), Reaffirming 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, Recognizing the significant need to build capacities of Member States to counter terrorism and terrorist finance, Reiterating its deep concern that oilfields and their related infrastructure, as well as other infrastructure such as dams and power plants, controlled by ISIL, ANF and potentially other individuals, groups, undertakings and entities associated with Al-Qaida, are generating a significant portion of the groups’ income, alongside extortion, private foreign donations, kidnap ransoms and stolen money from the territory they control, which support their recruitment efforts and strengthen their operational capability to organize and carry out terrorist attacks, Condemning in the strongest terms abductions of women and children, expressing outrage at their exploitation and abuse, including rape, sexual abuse, forced marriage, committed by ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, and encouraging all state and non-state actors with evidence to bring it to the attention of the Council, along with any information that human trafficking may support the perpetrators financially, Reaffirming the obligation of Member States to freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; 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 and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities, Expressing its concern that economic resources such as oil, oil products, modular refineries and related material, other natural resources including precious metals such as gold, silver, and copper, diamonds, and any other assets are made available to ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, and noting that direct or indirect trade with ISIL and ANF in such materials could constitute a violation of the obligations imposed by resolution 2161 (2014),
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S/RES/2199 (2015) 3/7 15-01924 Reminding all States of their obligation to 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, Reaffirming its decision 2133 (2014) and noting again that ransom payments to terrorist groups are one of the sources of income which supports their recruitment efforts, strengthens their operational capability to organize and carry out terrorist attacks, and incentivizes future incidents of kidnapping for ransom, Expressing concern at the increased use, in a globalized society, by terrorists and their supporters, of new information and communications technologies, in particular the Internet, to facilitate terrorist acts, as well as their use to incite, recruit, fund or plan terrorist acts, Expressing grave concern at the increased incidents of kidnapping and hostage-murdering committed by ISIL, and condemning those heinous and cowardly murders which demonstrate that terrorism is a scourge impacting all of humanity and people from all regions and religions or belief, Welcoming the report on ANF and ISIL from the Analytical Support and Sanctions Monitoring Team, published on 14 November 2014, and taking note of its recommendations, 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, Oil Trade 1. Condemns any engagement in direct or indirect trade, in particular of oil and oil products, and modular refineries and related material, with ISIL, ANF and any other individuals, groups, undertakings and entities designated as associated with Al-Qaida by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011), and reiterates that such engagement would constitute support for such individuals, groups, undertakings and entities and may lead to further listings by the Committee; 2. Reaffirms that States are required by resolution 2161 (2014) to ensure that their nationals and those in their territory not make assets or economic resources, directly or indirectly, available to ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and notes that this obligation applies to the direct and indirect trade in oil and refined oil products, modular refineries and related material; 3. Reaffirms that States are required by resolution 2161 (2014) to freeze without delay the funds and other financial assets or economic resources of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction; 4. Reaffirms that States are required by resolution 2161 (2014) to ensure that no funds, other financial assets or economic resources are made available,
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S/RES/2199 (2015) 15-01924 4/7 directly or indirectly, by their nationals or by persons within their territory for the benefit of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida; 5. Recalls that funds and other financial assets or economic resources made available to or for the benefit of listed individuals or entities are not always held directly by them, and recalls in addition that in identifying such funds and benefits, States should be alert to the possibility that property owned or controlled indirectly by the listed party may not be immediately visible; 6. Confirms that economic resources include oil, oil products, modular refineries and related material, other natural resources, and any other assets which are not funds but which potentially may be used to obtain funds, goods or services; 7. Emphasizes therefore that States are required by UN Security Council resolution 2161 (2014) to freeze without delay funds, other financial assets and economic resources of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, including oil, oil products, modular refineries and related material and other natural resources owned or controlled by them, or persons acting on their behalf or at their direction, as well as any funds or negotiable benefit arising from such economic resources; 8. Recognizes the need to take measures to prevent and suppress the financing of terrorism, individual terrorists, and terrorist organizations, including from the proceeds of organized crime, inter alia, the illicit production and trafficking of drugs and their chemical precursors, and the importance of continued international cooperation to that aim; 9. Emphasizes that States are required to ensure that their nationals and persons in their territory not make available, directly or indirectly, any funds, other financial assets or economic resources, including oil, oil products, modular refineries and related material and other natural resources that are identified as directed to, collected for, or otherwise for the benefit of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, as well as any funds or negotiable benefit arising from such economic resources; 10. Expresses concern that vehicles, including aircraft, cars and trucks and oil tankers, departing from or going to areas of Syria and Iraq where ISIL, ANF or any other groups, undertakings and entities associated with Al-Qaida operate, could be used to transfer oil and oil products, modular refineries and related material, cash, and other valuable items including natural resources such as precious metals and minerals like gold, silver, copper and diamonds, as well as grain, livestock, machinery, electronics, and cigarettes by or on behalf of such entities for sale on international markets, for barter for arms, or for use in other ways that would result in violations of the asset freeze or arms embargo in paragraph 1 of resolution 2161 (2014) and encourages Member States to take appropriate steps in accordance with international law to prevent and disrupt activity that would result in violations of the asset freeze or targeted arms embargo in paragraph 1 of resolution 2161 (2014); 11. Reaffirms that all 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 ensure that such terrorist acts are established as serious criminal offenses in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts, and emphasizes that
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S/RES/2199 (2015) 5/7 15-01924 such support may be provided through trade in oil and refined oil products, modular refineries and related material with ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida; 12. Decides that Member States shall inform the 1267/1989 Committee within 30 days of the interdiction in their territory of any oil, oil products, modular refineries, and related material being transferred to or from ISIL or ANF, and calls upon Member States to report to the Committee the outcome of proceedings brought against individuals and entities as a result of such activity; 13. Encourages the submission of listing requests to the Committee by Member States of individuals and entities engaged in oil trade-related activities with ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida and directs the 1267/1989 Al-Qaida Sanctions Committee to immediately consider designations of individuals and entities engaged in oil trade-related activities with ISIL, the ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida; 14. Calls upon Member States to improve international, regional, and subregional cooperation, including through increased sharing of information for the purpose of identifying smuggling routes used by ISIL and ANF, and for Member States to consider provision of technical assistance and capacity building to assist other Member States to counter smuggling of oil and oil products, and modular refineries and related material, by ISIL, ANF and any other individual, group, undertaking or entity associated with Al-Qaida; Cultural Heritage 15. Condemns the destruction of cultural heritage in Iraq and Syria particularly by ISIL and ANF, whether such destruction is incidental or deliberate, including targeted destruction of religious sites and objects; 16. Notes with concern that ISIL, ANF and other individuals, groups, undertakings and entities associated with Al-Qaida, are generating income from engaging directly or indirectly in the looting and smuggling of cultural heritage items from archaeological sites, museums, libraries, archives, and other sites in Iraq and Syria, which is being used to support their recruitment efforts and strengthen their operational capability to organize and carry out terrorist attacks; 17. Reaffirms its decision in paragraph 7 of resolution 1483 (2003) and decides that all Member States shall take appropriate steps to prevent the trade in Iraqi and Syrian cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011, including by prohibiting cross-border trade in such items, thereby allowing for their eventual safe return to the Iraqi and Syrian people and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organizations, as appropriate, to assist in the implementation of this paragraph; Kidnapping for Ransom and External Donations 18. Reaffirms its condemnation of 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
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S/RES/2199 (2015) 15-01924 6/7 funds or gaining political concessions and expresses 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; 19. Reaffirms that the requirements of paragraph 1 (a) of resolution 2161 (2014) 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, emphasizes that this obligation applies to ISIL and ANF, and calls upon all Member States to encourage private sector partners to adopt or to follow relevant guidelines and good practices for preventing and responding to terrorist kidnappings without paying ransom; 20. Reiterates its call 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 reaffirms the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups; 21. Expresses its grave concern of reports that external donations continue to make their way to ISIL, ANF and other individuals, groups, undertakings and entities associated with Al-Qaida, and recalls 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; 22. Stresses that donations from individuals and entities have played a role in developing and sustaining ISIL and ANF, and that Member States have an obligation to ensure that such support is not made available to those terrorist groups and other individuals, groups, undertakings and entities associated with Al-Qaida by their nationals and persons within their territory, and urges Member States to address this directly through enhanced vigilance of the international financial system and by working with their non-profit and charitable organizations to ensure financial flows through charitable giving are not diverted to ISIL, ANF or any other individuals, groups, undertakings and entities associated with Al-Qaida; Banking 23. Urges Member States to take steps to ensure that financial institutions within their territory prevent ISIL, ANF or other individuals, groups, undertakings or entities associated with Al-Qaida from accessing the international financial system; Arms and related materiel 24. 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
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S/RES/2199 (2015) 7/7 15-01924 operational information regarding traffic in arms, and to enhance coordination of efforts on national, subregional, regional and international levels; 25. Expresses concern at the proliferation of all arms and related materiel of all types, in particular man-portable surface-to-air missiles, to ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and its potential impact on regional and international peace and security and impeding efforts to combat terrorism in some cases; 26. Reminds Member States of their obligation pursuant to paragraph 1 (c) of resolution 2161 (2014), to prevent the direct or indirect supply, sale or transfer of arms and related materiel of all types to listed individuals and entities, including ISIL and ANF; 27. Calls upon all States to consider appropriate measures to prevent the transfer of all arms and related materiel of all types, in particular man-portable surface-to-air missiles, if there is a reasonable suspicion that such arms and related materiel would be obtained by ISIL, the ANF or other individuals, groups, undertakings and entities associated with Al-Qaida; Asset Freeze 28. Reaffirms that the requirements in paragraph 1 (a) of Security Council resolution 2161 apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of Al-Qaida and other individuals, groups, undertakings or entities included on the Al-Qaida Sanctions List; Reporting 29. Calls upon Member States to report to the Committee within 120 days on the measures they have taken to comply with the measures imposed in this resolution; 30. Requests the Analytical Support and Sanctions Monitoring Team, in close cooperation with other United Nations counter-terrorism bodies to conduct an assessment of the impact of these new measures and to report to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) within 150 days, and thereafter to incorporate reporting on the impact of these new measures into their reports to the Committee in order to track progress on implementation, identify unintended consequences and unexpected challenges, and to help facilitate further adjustments as required, and further requests the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) to update the Security Council on the implementation of this resolution as part of its regular oral reports to the Council on the state of the overall work of the Committee and the Monitoring Team; 31. Decides to remain actively seized of the matter.
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Security Council Committee Pursuant to Resolutions 1267 (1999),
1989 (2011) and 2253 (2015) Concerning ISIL (Da’esh) Al-Qaida
and Associated Individuals, Groups, Undertakings and Entities,
Narrative Summaries of Reasons for Listing QDi.380 Abd al-Latif
bin Abdallah Salih Muhammad al-Kawari, United Nations Security
Council Subsidiary Organs (last updated 21 September 2015)
Website of the United Nations available at
https://www.un.org/sc/suborg/en/sanctions/1267/aq_sanctions_list/summar…
individual/abd-al-latif-bin-abdallah-salih-muhammad-al
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Security Council Committee Pursuant to Resolutions 1267 (1999),
1989 (2011) and 2253 (2015) Concerning ISIL (Da’esh) Al-Qaida
and Associated Individuals, Groups, Undertakings and Entities,
Narrative Summaries of Reasons for Listing QDi.382 Sa’d bin
Sa’d Muhammad Shariyan al-Ka’bi, United Nations Security
Council Subsidiary Organs (last updated 21 September 2015)
Website of the United Nations available at
https://www.un.org/sc/suborg/en/sanctions/1267/aq_sanctions _list/summaries/
individual/sa%27d-bin-sa%27d-muhammad-shariyan-al-ka%27bi
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United Nations Security Council, 8007th Meeting, 20 July 2017
Website of the United Nations available at
https://www.securitycouncilreport.org/atf/cf/%7b65BFCF9B-6D27-
4E9C-8CD3-CF6E4FF96FF9%7d/s_pv_8007.pdf
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United NationsS/PV.8007Security CouncilSeventy-second year8007th meetingThursday, 20 July 2017, 10 a.m. New YorkProvisionalPresident:Mr. Liu Jieyi ...................................(China)Members:Bolivia (Plurinational State of) .....................Mr. Inchauste JordánEgypt .........................................Mr. MoustafaEthiopia .......................................Mr. AlemuFrance ........................................Mr. DelattreItaly ..........................................Mr. BiaginiJapan .........................................Mr. BesshoKazakhstan ....................................Mr. SadykovRussian Federation ...............................Mr. SafronkovSenegal .......................................Mr. SeckSweden .......................................Mr. SkoogUkraine .......................................Mr. YelchenkoUnited Kingdom of Great Britain and Northern Ireland ..Mr. RycroftUnited States of America ..........................Ms. SisonUruguay .......................................Mr. RosselliAgendaThreats to international peace and security caused by terrorist actsThis record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 ([email protected]). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org).17-22286 (E)*1722286*
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S/PV.8007 Threats to international peace and security caused by terrorist acts 20/07/20172/7 17-22286The meeting was called to order at 10.05 a.m.Adoption of the agendaThe agenda was adopted.Threats to international peace and security caused by terrorist actsThe President (spoke in Chinese): The Security Council will now begin its consideration of the item on its agenda.Members of the Council have before them document S/2017/615, which contains the text of a draft resolution submitted by Ethiopia, France, Italy, Japan, Kazakhstan, Senegal, Sweden, Ukraine, the United Kingdom of Great Britain and Northern Ireland and the United States of America.The Council is ready to proceed to the vote on the draft resolution before it. I shall put the draft resolution to the vote now.A vote was taken by show of hands.In favour:Bolivia (Plurinational State of), China, Egypt, Ethiopia, France, Italy, Japan, Kazakhstan, Russian Federation, Senegal, Sweden, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America and UruguayThe President (spoke in Chinese): The draft resolution received 15 votes in favour. The draft resolution has been adopted unanimously as resolution 2368 (2017).I shall now give the floor to those members of the Council who wish to make statements following the voting.Ms. Sison (United States of America): With today’s adoption of resolution 2368 (2017), the Security Council is taking another important step towards helping to defeat the Islamic State in Iraq and the Sham (ISIS) and Al-Qaida. We thank the other sponsors of the resolution for their support.There is no higher priority for the United States, which is why we are leading a 72-member coalition that is making great strides in liberating territory from the grip of ISIS. The United States has been supporting the Iraqi Government in its effort to push ISIS out of Mosul, and ISIS’s last strongholds in Syria are coming under intense pressure. But even as it is losing ground in Syria and Iraq, the threat that it represents is far from over. ISIS will continue looking to spread its ideology and radicalize new groups around the world. It will create new offshoots in new places; fighters who trained with ISIS in Syria are now starting to return home.The Security Council has to show that it can adapt to such changing threats, and that is the goal of the resolution we have adopted today. Its provisions recognize the importance of focusing not just on ISIS but also on its affiliates, wherever they may emerge. We have also redoubled our commitment to enforcing these measures. The resolution urges for more international cooperation in cutting off terrorist funding, preventing terrorists from travelling and stopping such groups from acquiring arms. In order to help ensure that those sanctions are being fully and fairly implemented, we have reaffirmed our support to the Analytical Support and Sanctions Monitoring Team of the Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities and to its Ombudsperson. In another important step, in today’s resolution the Security Council added eight new individuals and entities to the 1267 Committee’s sanctions list. They include ISIS leaders in South-East Asia, foreign fighters from the Caucasus, illicit money exchange businesses and ISIS-affiliated terrorist groups in Syria, and there will be more designations to come.In order to make the best use of this tool, the Security Council should regularly add to the sanctions list the names of any new ISIS- or Al-Qaida-affiliated individuals or groups, wherever they may be in the world. But while implementing the sanctions is essential, it is only one part of a broader strategy for defeating ISIS and the violent, extremist ideology that feeds it. All States Members of the United Nations should work together to prevent groups from declaring allegiance to ISIS and becoming one of its affiliates. We must mobilize action to address the issue of former ISIS fighters who return or relocate to other countries. We cannot allow them to become a new threat elsewhere.And we must do more, especially here at the United Nations, to help countries prevent and counter violent extremism before it takes root. In order to do so, it is essential that we build strong partnerships with civil society, faith leaders, youth and local communities. ISIS, along with similar groups, threaten not just our
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20/07/2017 Threats to international peace and security caused by terrorist acts S/PV.800717-22286 3/7security, but also our values, such as tolerance, human dignity and freedom. For that reason, in every region of the world, people of all faiths have come together to condemn terrorism. The United States will continue to lead that effort. Today’s unanimous vote reinforces the global resolve to defeat terrorism wherever it is found.Mr. Safronkov (Russian Federation) (spoke in Russian): The Russian Federation supported resolution 2368 (2017), on sanctions related to the Islamic State in Iraq and the Levant (ISIL) and Al-Qaida. Taking into account the unprecedented magnitude and scale of the threats to international relations from those groups, we concur with our colleagues from the United States. Today yet another important step has been taken towards strengthening the counter-terrorism regime. Now all States, without exception, are called upon to fully and conscientiously comply with the provisions of today’s key resolution. There can be no double standards.We are deeply troubled by the fact that, due to the positions of some delegations, Council members’ concerns were not fully taken into account in reaching agreement on the adoption of a text on such a key issue as jointly combating terrorism. I am chiefly referring to the Russian proposal to impose a comprehensive ban on any trade and economic links with any territories under ISIL control. We must bear in mind that terrorists deal with wide-ranging, cross-border smuggling in hydrocarbons and other goods. Illegal business provides them with tens of millions of dollars in revenue on a monthly basis. That revenue is used to purchase munitions and weapons, which makes it all the more difficult to apply coercive measures against them. We firmly advocate that we continue to such measures, as well as other others, in order to ensure a full financial, material and technical isolation of terrorist groups.We are equally confounded by the fact that the text does not include a reference to Article 103 of the Charter of the United Nations, which is something that we insisted upon. Article 103 refers to the primacy of the Charter over other international treaties. The relevance of such a reference based on the need to enhance the authority of the Security Council’s binding decisions with regard to sanctions and to ensure that they are fully implemented nationally by all branches of Government. Our firm position is that we must ensure full and complete compliance with the Charter. Without that, it will be impossible to ensure the integrity of the sanctions regime. We firmly believe that, in order to make consistent progress in combating terrorists, we need to genuinely dovetail the efforts of all stakeholders. Therein lies the sole way of ensuring a full and definitive end of the terrorist threat to global stability. We stand ready to engage in collective efforts to that end.Mr. Alemu (Ethiopia): Ethiopia welcomes the unanimous adoption of resolution 2368 (2017), on the review of the sanctions regime on Al-Qaida and the Islamic State in Iraq and the Levant (ISIL) under resolution 2253 (2015). I would like to express my appreciation to the penholder for successfully steering the review process, and to the members of the Council for their flexibility. We are pleased to have co-sponsored the resolution.Ethiopia finds itself in one of the most volatile regions of Africa, which is facing increasing levels of terrorism and radicalization. Therefore, Ethiopia is firmly committed to combating the scourge of terrorism in order to ensure its own peace and security in the region, where Al-Shabaab and other terrorist groups affiliated with ISIL and Al-Qaida are very active. Ethiopia recognizes that its fight against terrorism cannot be effective without forging the required regional and international cooperation. In the light of that, sanctions are indeed one of the most important tools at the disposal of the Security Council in the fight against terrorism. That is why the sanctions regime against ISIL and Al-Qaida remains very important.The report of the Secretary-General (S/2017/467), as well as the reports of the Monitoring Team, have highlighted the impact of resolution 2253 (2015) with regard to the criminalization of terrorism, financing, measures taken to freeze the assets of those supporting terrorist organizations or individual terrorists, increased integration of financial intelligence into counter-terrorism work, raising and moving funds, as well as other matters related to the fight against terrorism. In that connection, we consider vital the inclusion in resolution 2368 (2017) of the issue of addressing foreign terrorist fighters and returnees, language against terrorism financing, updated language on the work of the Ombudsperson, all while recalling recent Council resolutions and their transitory provisions, which have strengthened the sanctions regime. We believe that, if the resolution is properly implemented, it would definitely serve as a very good tool in the fight against ISIL, Al-Qaida and their affiliates. We hope that it will contribute to promoting international peace and security.
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S/PV.8007 Threats to international peace and security caused by terrorist acts 20/07/20174/7 17-22286Mr. Bessho (Japan): Japan welcomes the unanimous adoption of resolution 2368 (2017), which we co-sponsored. I would like to express my gratitude to the United States for taking the lead on drafting this important resolution.We have witnessed a large number of terrorist attacks around the world since the adoption of resolution 2253 (2015), in December 2015, and tactics are evolving. It was clear that we had to step up our measures by reviewing resolution 2253 (2015).There are a number of new paragraphs in today’s resolution that address recent terrorist trends. I would especially like to highlight paragraph 39, on returning and relocating foreign terrorist fighters, and paragraph 36 on passenger name records (PNR). While the Islamic State in Iraq and the Levant is experiencing military setbacks in Iraq and Syria, their threat is spreading globally. Foreign terrorist fighters are returning to their countries of origin and transiting through, travelling to or relocating in other Member States.For example, as the Secretary-General’s report of 31 May (S/2017/467) indicates, the threat level has intensified in South-East Asia due to returnees and relocating fighters going to the region. Given the global nature of the phenomenon, all Member States must enhance their measures against returning and relocating foreign terrorist fighters. In addressing the issue, we must bear in mind that the tactics of foreign terrorist fighters are evolving, including through the use of broken travel techniques. Passenger name records are one effective measure to detect foreign terrorist fighters. Today’s resolution is the first to call upon Member States to use and develop PNRs. Such documents include passengers’ booking information, including itineraries, the names of traveling companions and payment methods. By analyzing PNRs, we can uncover suspicious travel patterns, the flow of terrorist actors and funds and, ultimately, terrorist networks. I stress the importance of PNRs and encourage all Member States that have not yet done so to employ PNR systems as soon as possible. To my knowledge, only 15 of the 193 Member States have introduced PNR systems thus far.In conclusion, I stress the importance of moving from adoption to implementation. Japan is always ready to work closely with other countries to enhance their capacities in this area. We must unite against the Islamic State in Iraq and the Levant and other terrorist groups by implementing today’s resolution, as well as related resolutions, in order to further enhance our counter-terrorism measures.Mr. Moustafa (Egypt) (spoke in Arabic):First of all, I would like to thank the delegation of the United States for its efforts to facilitate negotiations on the very important resolution that we have just adopted, resolution 2368 (2017). In our opinion, it is one of the Security Council’s most important resolutions with regard to combating terrorism. It goes without saying that the resolution contains very substantial provisions, such as those, for example, that are linked to the sanctions imposed upon Da’esh and Al-Qaida, as well as on individuals, groups, entities and institutions that are affiliated with those groups. Moreover, we also note the significant paragraphs that commit all countries to prevent the financing of terrorism and the provision of arms and any other support intended for terrorist ends.We would like to confirm very briefly two very important points.First, it is crucial that our efforts to combat terrorism be successful. We must adopt a global approach based on combating terrorism, wherever it is found, and tackle its root causes without any exception.Secondly, we reiterate that, since we joined the Security Council, we have noted that its resolutions, especially with respect to combating terrorism. It is critical for the Security Council to hold countries that do not respect its resolutions accountable. It is inadmissible and irrational for the Council to discover that, after adopting resolutions that establish a legal and operational framework for combating terrorism, regimes or groups in small countries undermine and destroy that framework. Those regimes continuously and flagrantly violate the Council’s resolutions without any fear of being held to account. They continue to finance terrorism, provide arms and safe havens to terrorists.In that regard, I need only cite as evidence the regime of Qatar, which has embraced a policy that favours terrorism. That regime has financed terrorism, provided arms to terrorists, given them refuge and incited terrorism, whether in Libya, Syria, Iraq or in other countries. That is the policy of the Qatar regime, which has already violated the Council’s resolutions and believes that economic and political interests will shield it from accountability vis-à-vis the Security Council. It is actually a shameful situation that cannot be allowed
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20/07/2017 Threats to international peace and security caused by terrorist acts S/PV.800717-22286 5/7to continue. It is inconceivable to witness the silence and absence of political will pn that account shown by members of the Council, whose resolutions must be effective, for which it must work to end all violations.In conclusion, I reaffirm that Egypt will always respect its commitments. We will always be at the forefront of the fight against terrorism, while respecting international law, human rights and the rule of law.Mr. Delattre (France) (spoke in French): France welcomes the unanimous adoption of resolution 2368 (2017) and thanks the United States for introducing the resolution and for facilitating the important work carried out during negotiations. Last Friday, my country commemorated the one-year anniversary of the tragic attack that occurred in Nice on 14 July 2016, which claimed the lives of 86 individuals of various nationalities. That memory, as well as the many other recent terrorist attacks throughout the world, remind us of the extent to which we must remain united and determined in our struggle against terrorists, who seek to destroy our way of life and freedom.The work of the international community against Da’esh is showing results, and that is worth underscoring. On the ground, Da’esh has continued to suffer considerable losses in Iraq and Syria. The victory of Iraqi forces in Mosul is underway. That is a major turning point in the development of the conflict, while in Raqqa the battle continues to deprive that group of a safe haven there. Of late, Da’esh has actually attracted fewer foreign terrorist fighters, which is also of key importance.However, as we know, sometimes all it takes is one individual to carry out a terrorist attack. Such a threat remains complex and multifaceted. We must therefore continue to take measures commensurate with the threat with which we are faced. That means that we must continue to take action in several areas. Combating propaganda and radicalization disseminated over the Internet, blocking the financial sources used by terrorist groups and preparing for the return of foreign terrorist fighters are three top priorities, without exception, in that context.Resolution 2368 (2017), which we just adopted today, allows us to update the sanctions regime against Da’esh and Al-Qaida, so as to better take into account the development of the threat and revise our priorities, taken as whole. The resolution — and I would like to highlight this point — is a critical step in our shared struggle against terrorism, which must, more than ever, unite us.Rest assured of the full commitment of France in the struggle against terrorism in general and against Da’esh, in particular.Mr. Skoog (Sweden): Like others, I would like to thank the United States for introducing resolution 2368 (2017) today, which improves the tools at the disposal of the international community in combating international terrorism.Sweden welcomes the unanimous adoption of today’s resolution and the substantive updates to the sanctions regime. As the Islamic State in Iraq and the Levant (ISIL)/Da’esh and Al-Qaida develop new strategies and adapt to a changing landscape, the sanctions regime must be adjusted so as to effectively counter the threat posed by those groups. In particular, we welcome the substantive additions with regard to trafficking in persons, while linking the sanctions regime to landmark resolution 2331 (2016). Once again, the Security Council has reaffirmed its intention to consider targeted sanctions for individuals and entities that are associated with ISIL or Al-Qaida and involved in trafficking in persons in areas affected by armed conflict and in sexual violence in conflict.The Office of the Ombudsperson is a demonstration of the Council’s commitment to fulfilling due-process requirements, and the Office is essential to the effectiveness of the sanctions regime. We wish, in that connection, to take this opportunity to congratulate the Ombudsperson, Catherine Marchi-Uhel, on her important appointment as Head of the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, and thank her for her outstanding work. We ask the Secretary-General and the Secretariat to facilitate a swift transition.Mr. Biagini (Italy): Italy welcomes the unanimous adoption of resolution 2368 (2017), which it co-sponsored. The resolution is aimed at updating and expanding the international legal framework for the sanctions regime against Islamic State in Iraq and the Levant (ISIL)/Al-Qaida. Its implementation is now paramount. The sustained military pressure on Da’esh, as well as the depletion of its financial resources, has diminished but not taken away the group’s ability to
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S/PV.8007 Threats to international peace and security caused by terrorist acts 20/07/20176/7 17-22286fund its supporters outside the conflict zone and to carry out attacks on civilians. ISIL can still rely on diversified sources of financing and has drawn income from, inter alia, antiquities smuggling, the exploitation of mineral resources and human trafficking.Since resolution 2253 (2015) was adopted, the global nature of the threat posed by terrorists has changed and the international community has been confronted with new challenges, including the increasing flow of returning foreign terrorist fighters, the misuse of the Internet and social media by terrorists and the exploitation of human trafficking networks. The new resolution acknowledges and tackles this evolving scenario, which requires a coordinated response by the international community. The United Nations must spearhead the efforts for enhanced cooperation.In an effort to address and detect the flow of foreign terrorist fighters, some States have adopted and put in place the Advanced Passenger Information and Passenger Name Records tools. These tools are an important means to rein in thr movements of terrorists and recruiters more effectively, and we encourage Member States that have not yet done so to take the necessary steps to develop them. Member States have also taken concrete steps to strengthen their relationship with the private sector with a view to responding to terrorist use of information and communication technologies. These public-private partnerships are of paramount importance, not only in countering terrorism financing, but also in detecting and removing terrorist contacts on line.With regard to the growing concern that terrorists could benefit from trafficking in persons, we regret that it was not possible to have more stringent language in the resolution, stressing the exploitation of human trafficking networks in conflict zones and the potential nexus between that heinous practice and the financing of terrorist organizations.It is still imperative for the international community to put into place an effective and coordinated response to the terrorist threat for the purpose of eliminating any gaps. It remains crucial to enhance cooperation within and between public sector agencies, both domestically and internationally, and to empower financial intelligence units, law enforcement and intelligence services to improve the exchange of relevant information in a timely manner. Italy is strongly committed to providing international judicial and law enforcement cooperation in the framework of transnational investigations.Let me conclude by reiterating Italy’s strong appreciation of the work conducted by the Analytical Support and Sanctions Monitoring Team and of the significant role played by the Office of the Ombudsperson in its efforts to guarantee due process and transparency.Mr. Seck (Senegal) (spoke in French): Senegal welcomes the adoption of resolution 2368 (2017), which we had the honour of co-sponsoring. I would therefore like to thank and congratulate the delegation of the United States of America on its leadership in the consultations and the other members of the Council for their contributions, which have enriched the text that we have just adopted, with its 105 paragraphs and 3 annexes that expand the scope and the field of action of the fight against terrorism.The resolution refers, under Chapter VII of the Charter of the United Nations, to numerous and complex measures to be implemented in the fight against the Islamic State in Iraq and the Levant, Al-Qaida and individuals, groups and entities that are directly or indirectly related to them. Whether it be on the dark net or the stony ground of the Sahel, the fight against terrorism requires means, technique, coordination and partnership. That is where international cooperation must be intensified in order to help the least privileged States and regions to better understand the complexity of the fight against terrorism and thereby help them become more effective in our common struggle.Within a context where the international community must more than ever face the problem of the return of foreign terrorist fighters, the resolution strengthens the provisions to fight that pernicious phenomenon. That is the rationale for the support given by Senegal during the consultations, keeping in mind the scope and intensity of the phenomenon in Africa — from the Horn of Africa to the Sahel, including the Lake Chad basin and the Maghreb.Mr. Rycroft (United Kingdom): The United Kingdom welcomes the unanimous adoption of resolution 2368 (2017), which extends the United Nations sanctions against Da’esh and Al-Qaida. This adoption comes at an important moment in the international community’s battle against Da’esh. The liberation of Mosul after a long-fought campaign represents a vital milestone in the battle against Da’esh
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20/07/2017 Threats to international peace and security caused by terrorist acts S/PV.800717-22286 7/7in Iraq. I want to pay tribute to the bravery and sacrifice of the Iraqi forces that made this possible. In Syria, operations against Raqqa have begun, and it is only a matter of time before Da’esh see its so-called caliphate crumble. But as we heard from Under-Secretary-General for Political Affairs Feltman in his briefing to the Council last month (see S/PV.7962), now is not the time for complacency. Instead, we must remain vigilant and resolute.The fight against Da’esh will not end in Iraq and Syria. Even as we defeat them there, we must actively confront the threat that Da’esh, Al-Qaida and their affiliates pose in other parts of the world. And that is why United Nations sanctions remain an important tool, and why the United Kingdom welcomes the adoption of this resolution. It tightens our stranglehold on those groups and ensures that our measures are fit for purpose. In particular, we welcome the eight new designations adopted today. These designations include terrorist outfits, money-laundering companies, terrorist leaders and foreign terrorist fighters. The diversity of those fighters — from Syria, Iraq, Russia and Indonesia — really underscores that this is a global threat that requires a global response.The United Kingdom continues to work with its partners, not just on sanctions, but in all our efforts to counter the terrorist threat. That means bringing Da’esh to justice, shutting down terrorist financing, managing the risk posed by foreign terrorist fighters and tackling extremism on line. This is a fight for the long haul, but together we will defeat the scourge of terrorism and our collective values will prevail, and the resolution that we have adopted today is a vital part of that effort.The President (China) (spoke in Chinese): I shall now make a statement in my national capacity.China welcomes the unanimous adoption by the Council of resolution 2368 (2017). Terrorism is the common enemy of humankind. China supports the international community in coordinating its activities and in adopting to an integrated and effective approach to enhance cooperation against terrorism, especially the use of the Internet by terrorists to spread, incite and organize terrorist activities, terrorist financing and the return of terrorist fighters.In the realm of counter-terrorism, we must adhere to uniform standards, fully leverage the leading role of the United Nations and the Security Council and enhance international coordination effectively. The Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida,and associated individuals, groups, undertakings and entities is an important counter-terrorism mechanism of the United Nations and the Security Council. China supports the Committee in enhancing communications with the countries concerned and in strengthening cooperation with regional and subregional counter-terrorism mechanisms, in accordance with the mandate given to it by the Council. The Committee must constantly improve its work effectiveness so that it can make a greater contribution to advancing the counter-terrorism cause.We also hope that Member States and the Secretariat will strictly comply with the relevant resolution and the Committee’s rules of procedure, and continue to support and cooperate with the Committee in its work so that, together, we can defend the authority and effectiveness of the sanctions regime.I now resume my functions as President of the Security Council.There are no more names inscribed on the list of speakers.The meeting rose at 10.40 a.m.
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United Nations, Resolution 2396 (2017) adopted by the Security
Council at its 8148th Meeting, 21 December 2017
Website of the United Nations available at https://undocs.org/S/RES/2396(2017)
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United Nations S/RES/2396 (2017) Security Council Distr.: General 21 December 2017 17-23112 (E) *1723112* Resolution 2396 (2017) Adopted by the Security Council at its 8148th meeting, on 21 December 2017 The Security Council, Reaffirming its resolutions 1267 (1999), 1325 (2000), 1368 (2001), 1373 (2001), 1566 (2004) 1624 (2005), 1894 (2009), 2106 (2013), 2133 (2014), 2150 (2014), 2170 (2014), 2178 (2014), 2195 (2014) 2199 (2015), 2242 (2015), 2249 (2015), 2253 (2015), 2309 (2016) 2322 (2016), 2331 (2016), 2341 (2017), 2347 (2017), 2354 (2017), 2367 (2017), 2368 (2017), 2370 (2017) 2379 (2017) and its relevant presidential statements, 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, wherever 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, Reaffirming that terrorism poses a threat to international peace and security and that countering this threat requires collective efforts on national, regional and international levels on the basis of respect for international law and the Charter of the United Nations, Emphasizing that terrorism and violent extremism conducive to terrorism cannot and should not be associated with any religion, nationality, or civilization, Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations, Stressing that Member States have the primary responsibility in countering terrorist acts and violent extremism conducive to terrorism, 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, including under the Charter of the United Nations, is one of
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S/RES/2396 (2017) 17-23112 2/13 the factors contributing to increased radicalization to violence and fosters a sense of impunity, 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, Urging Member States and the United Nations system to take measures, pursuant to international law, to address all drivers of violent extremism conducive to terrorism, both internal and external, in a balanced manner as set out in the United Nations Global Counter-Terrorism Strategy, Recalling Resolution 2178 and the definition of foreign terrorist fighters, and expressing grave concern over the acute and growing threat posed by foreign terrorist fighters returning or relocating, particularly from conflict zones, to their countries of origin or nationality, or to third countries, Reaffirming its call on Member States to ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists, Expressing continued concern that international networks have been established and strengthened by terrorists and terrorist entities among states of origin, transit, and destination, through which foreign terrorist fighters and the resources to support them have been channelled back and forth, Acknowledging that returning and relocating foreign terrorist fighters have attempted, organized, planned, or participated in attacks in their countries of origin or nationality, or third countries, including against “soft” targets, and that the Islamic State in Iraq and the Levant (ISIL) also known as Da’esh, in particular has called on its supporters and affiliates to carry out attacks wherever they are located, Stressing the need for Member States to develop, review, or amend national risk and threat assessments to take into account “soft” targets in order to develop appropriate contingency and emergency response plans for terrorist attacks, Expressing grave concern that foreign terrorist fighters who have joined entities such as (ISIL), the Al-Nusrah Front (ANF) and other cells, affiliates, splinter groups or derivatives of ISIL, Al-Qaida or other terrorist groups, may be seeking to return to their countries of origin or nationality, or to relocate to third countries, and recognizing that the threat of returning or relocating foreign terrorist fighters includes, among others, such individuals further supporting acts or activities of ISIL, Al-Qaida and their cells, affiliates, splinter groups, and derivative entities, including by recruiting for or otherwise providing continued support for such entities, and stressing the urgent need to address this particular threat, Having regard to and highlighting the situation of individuals of more than one nationality who travel abroad for the purpose of the perpetration, planning, preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and may seek to return to their state of origin or nationality, or to travel to a third state, and urging States to take action, as appropriate, in compliance with their obligations under their domestic law and international law, including international human rights law, Underlining the importance of strengthening international cooperation to address the threat posed by foreign terrorist fighters, including on information sharing, border security, investigations, judicial processes, extradition, improving prevention and addressing conditions conducive to the spread of terrorism, preventing
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S/RES/2396 (2017) 3/13 17-23112 and countering incitement to commit terrorist acts, preventing radicalization to terrorism and recruitment of foreign terrorist fighters, disrupting, preventing financial support to foreign terrorist fighters, developing and implementing risks assessments on returning and relocating foreign terrorist fighters and their families, and prosecution, rehabilitation and reintegration efforts, consistent with applicable international law, Recognizing, in this regard, that foreign terrorist fighters may be travelling with family members they brought with them to conflict zones, with families they have formed or family members who were born while in conflict zones, underscoring the need for Member States to assess and investigate these individuals for any potential involvement in criminal or terrorist activities, including by employing evidence-based risk assessments , and to take appropriate action in compliance with relevant domestic and international law, including by considering appropriate prosecution, rehabilitation, and reintegration measures, and noting that children may be especially vulnerable to radicalization to violence and in need of particular social support, such as post-trauma counselling, while stressing that children need to be treated in a manner that observes their rights and respects their dignity, in accordance with applicable international law, Noting with concern that terrorists craft distorted narratives, which are utilized to polarize communities, recruit supporters and foreign terrorist fighters, mobilize resources and garner support from sympathizers, in particular by exploiting information and communications technologies, including through the Internet and social media, Encouraging Member States to collaborate in the pursuit of effective counter-narrative strategies and initiatives, including those relating to foreign terrorist fighters and individuals radicalized to violence, in a manner compliant with their obligations under international law, including international human rights law, international refugee law and international humanitarian law, Calling upon Member States to improve timely information sharing, through appropriate channels and arrangements, and consistent with international and domestic law, on foreign terrorist fighters, especially among law enforcement, intelligence, counterterrorism, and special services agencies, to aid in determining the risk foreign terrorist fighters pose, and preventing them from planning, directing, conducting, or recruiting for or inspiring others to commit terrorist attacks, Recognizing that Member States face challenges in obtaining admissible evidence, including digital and physical evidence, from conflict zones that can be used to help prosecute and secure the conviction of foreign terrorist fighters and those supporting foreign terrorist fighters, Welcoming the establishment of the UN Office on Counterterrorism (UNOCT), and encouraging continued cooperation on counterterrorism efforts between UNOCT, the Counter Terrorism Committee Executive Directorate (CTED), International Civil Aviation Organization (ICAO), and United Nations Office of Drugs and Crime (UNODC), and all other relevant UN bodies, and INTERPOL, on technical assistance and capacity building, in coordination with other relevant international, regional and subregional organizations, to assist Member States in implementing the Global Counter Terrorism Strategy, Welcoming recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, including the UN Counter-terrorism Committee’s 2015 Madrid Guiding Principles, and noting the ongoing work of the Global Counterterrorism Forum (GCTF), in particular its 2016 adoption of the Hague-Marrakech Memorandum Addendum on Good Practices for a
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S/RES/2396 (2017) 17-23112 4/13 More Effective Response to the FTF Phenomenon with a focus on Returning FTFs and its comprehensive set of good practices to address the foreign terrorist fighter phenomenon, and its publication of several other framework documents and good practices, including in the areas of countering violent extremism conducive to terrorism, including online, criminal justice, prosecution, rehabilitation and reintegration, soft target protection, kidnapping for ransom, providing support to victims of terrorism, and community-oriented policing to assist interested States with the practical implementation of the United Nations counter-terrorism legal and policy framework and to complement the work of the relevant United Nations counter-terrorism entities in these areas, Expressing concern that Foreign Terrorist Fighters may use civil aviation both as a means of transportation and as a target, and may use cargo both to target civil aviation and as a means of shipment of materiel, and noting in this regard that International Civil Aviation Organization (ICAO) Annex 9 and Annex 17 to the Convention on International Civil Aviation, done at Chicago on December 7, 1944 (the “Chicago Convention”), contain standards and recommended practices relevant to the detection and prevention of terrorist threats involving civil aviation, including cargo screening, Welcoming, in this regard, ICAO’s decision to establish a standard under Annex 9 — Facilitation, regarding the use of Advance Passenger Information (API) systems by its Member States with effect from October 23, 2017, and recognizing that many ICAO Member States have yet to implement this standard, Noting with concern that terrorists and terrorist groups continue to use the Internet for terrorist purposes, and stressing the need for Member States to act cooperatively when taking national measures to prevent terrorists from exploiting technology and communications for terrorist acts, as well as to continue voluntary cooperation with private sector and civil society to develop and implement more effective means to counter the use of the Internet for terrorist purposes, including by developing counter-terrorist narratives and through innovative technological solutions, all while respecting human rights and fundamental freedoms and in compliance with domestic and international law, and taking note of the industry led Global Internet Forum to Counter Terrorism (GIFCT) and calling for the GIFCT to continue to increase engagement with governments and technology companies globally, Recognizing the development of the UN CTED-ICT4 Peace Tech Against Terrorism initiative and its efforts to foster collaboration with representatives from the technology industry, including smaller technology companies, civil society, academia, and government to disrupt terrorists’ ability to use the Internet in furtherance of terrorist purposes, while also respecting human rights and fundamental freedoms, 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 and procedures to track stolen, forged identity papers and travel documents, and INTERPOL’s counter-terrorism fora and foreign terrorist fighter programme, Recognizing that relevant information, including information included in INTERPOL databases from Member States, should be shared among national agencies, such that law enforcement, judicial and border security officers can proactively and systematically use that information as a resource, where appropriate and necessary, for investigations, prosecutions and screening at points of entry,
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S/RES/2396 (2017) 5/13 17-23112 Recognizing that a comprehensive approach to the threat posed by foreign terrorist fighters requires addressing the conditions conducive to the spread of terrorism, including by preventing radicalization to terrorism, stemming recruitment, disrupting financial support to terrorists, countering incitement to commit terrorist acts, and promoting political and religious tolerance, good governance, economic development, social cohesion and inclusiveness, ending and resolving armed conflicts, and facilitating investigation, prosecution, reintegration and rehabilitation, Reaffirming its request in paragraph 2 of resolution 2379 (2017), to establish an investigative team, to be headed by a Special Adviser, to support domestic efforts to hold ISIL (Da’esh) accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group ISIL (Daesh) in Iraq, and recalling its invitation in paragraph 29 of resolution 2388 to the Secretary-General to ensure that the work of the Investigative Team is informed by relevant anti-trafficking research and expertise and that its efforts to collect evidence on trafficking in persons offences are gender-sensitive, victim centred, trauma-informed, rights-based and not prejudicial to the safety and security of victims, Acknowledging that prisons can serve as potential incubators for radicalization to terrorism and terrorist recruitment, and that proper assessment and monitoring of imprisoned foreign terrorist fighters is critical to mitigate opportunities for terrorists to attract new recruits, recognizing that prisons can also serve to rehabilitate and reintegrate prisoners, where appropriate, and also recognizing that Member States may need to continue to engage with offenders after release from prison to avoid recidivism, in accordance with relevant international law and taking into consideration, where appropriate, the United Nations Standard Minimum Rules for the Treatment of Prisoners, or “Nelson Mandela Rules”, Noting that some member states may face technical assistance and capacity building challenges when implementing this resolution, and encouraging the provision of assistance from donor states to help address such gaps, Encouraging relevant UN entities, including UNODC and UNOCT, to further enhance, in close consultation with the Counter-Terrorism Committee and CTED, the provision and delivery of technical assistance to States, upon request, to better support Member State efforts to implement this resolution, Acting under Chapter VII of the Charter of the United Nations 1. Recalls its decision in resolution 2178 that all Member States shall establish serious criminal offenses regarding the travel, recruitment, and financing of foreign terrorist fighters, urges Member States to fully implement their obligations in this regard, including to 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, and reiterates its call on Member States to cooperate and support each other’s efforts to counter violent extremism conducive to terrorism; Border Security and Information Sharing 2. Calls upon Member States to prevent the movement of terrorists by effective national 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; 3. Calls upon Member States to notify, in a timely manner, upon travel, arrival, or deportation of captured or detained individuals whom they have reasonable
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S/RES/2396 (2017) 17-23112 6/13 grounds to believe are terrorists, including suspected foreign terrorist fighters, including, as appropriate, the source country, destination country, any transit countries, all countries where the travelers hold citizenship, and including any additional relevant information about the individuals, and further calls upon Member States to cooperate and respond expeditiously and appropriately, and consistent with applicable international law, and to share such information with INTERPOL, as appropriate; 4. Further calls upon Member States to assess and investigate individuals whom they have reasonable grounds to believe are terrorists, including suspected foreign terrorist fighters, and distinguish them from other individuals, including their accompanying family members who may not have been engaged in foreign terrorist fighter-related offenses, including by employing evidence-based risk assessments, screening procedures, and the collection and analysis of travel data, in accordance with domestic and international law, including international human rights and humanitarian law, as applicable, without resorting to profiling based on any discriminatory ground prohibited by international law; 5. Calls upon Member States, in accordance with domestic and international law, to intensify and accelerate the timely exchange of relevant operational information and financial intelligence regarding actions or movements, and patterns of movements, of terrorists or terrorist networks, including foreign terrorist fighters, including those who have travelled to the conflict zones or are suspected to have travelled to the conflict zones, and their families travelling back to their countries of origin or nationality, or to third countries, from conflict zones, especially the exchange of information with their countries of origin, residence or nationality, transit, as well as their destination country, through national, bilateral and multilateral mechanisms, such as INTERPOL; 6. Urges Member States to expeditiously exchange information, through bilateral or multilateral mechanisms and in accordance with domestic and international law, concerning the identity of foreign terrorist fighters, including, as appropriate, foreign terrorist fighters of more than one nationality with Member States whose nationality the foreign terrorist fighter holds, as well as to ensure consular access by those Member States to their own detained nationals, in accordance with applicable international and domestic law; 7. Calls upon Member States to take appropriate action, consistent with domestic law and applicable international law, including human rights law, to ensure that their domestic law enforcement, intelligence, counterterrorism, and military entities routinely have access to relevant information, as appropriate, about suspected terrorists, including foreign terrorist fighters; 8. Urges that Member States consider, where appropriate, downgrading for official use intelligence threat and related travel data related to foreign terrorist fighters and individual terrorists, to appropriately provide such information domestically to front-line screeners, such as immigration, customs and border security agencies, and to appropriately share such information with other concerned States and relevant international organizations in compliance with international and domestic national law and policy; and to share good practices in this regard; 9. Welcomes the approval by ICAO of the new Global Aviation Security Plan (GASeP) that provides the foundation for ICAO, Member States, the civil aviation industry, and other stakeholders to work together with the shared and common goal of enhancing aviation security worldwide and to achieve five key priority outcomes, namely to enhance risk awareness and response, to develop security culture and human capability, to improve technological resources and innovation, to improve oversight and quality assurance, and to increase cooperation and support, and calls
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S/RES/2396 (2017) 7/13 17-23112 for action at the global, regional, and national levels, as well as by industry and other stakeholders, in raising the level of effective implementation of global aviation security, urges ICAO, Member States, the civil aviation industry, and other relevant stakeholders to implement the GASeP and to fulfil the specific measures and tasks assigned to them in Appendix A to the GASeP, the Global Aviation Security Plan Roadmap, and encourages Member States to consider contributions to support ICAO’s work on aviation security; 10. Further welcomes the recognition in the GASeP of the importance of enhancing risk awareness and response, underlines the importance of a wider understanding of the threats and risks facing civil aviation, and calls upon all Member States to work within ICAO to ensure that its international security standards and recommended practices as set out in Annex 17 of the Chicago Convention and related to ICAO guidance material, are updated and reviewed, as appropriate, to effectively address the threat posed by terrorists targeting civil aviation; 11. Decides that, in furtherance of paragraph 9 of resolution 2178 and the standard established by ICAO that its Member States establish advance passenger information (API) systems as of October 23, 2017, that Member States shall require airlines operating in their territories to provide API to the appropriate national authorities, in accordance with domestic law and international obligations, in order to detect the departure from their territories, or attempted travel to, entry into or transit through their territories, by means of civil aircraft, of foreign terrorist fighters and individuals designated by the Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and further calls upon Member States to report any such departure from their territories, or such attempted entry into or transit through their territories, by sharing this information with the State of residence or nationality, or the countries of return, transit or relocation, and relevant international organizations as appropriate and in accordance with domestic law and international obligations, and to ensure API is analysed by all relevant authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting, and investigating terrorist offenses and travel; 12. Decides that Member States shall develop the capability to collect, process and analyse, in furtherance of ICAO standards and recommended practices, passenger name record (PNR) data and to ensure PNR data is used by and shared with all their competent national authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating terrorist offenses and related travel, further calls upon Member States, the UN, and other international, regional, and subregional entities to provide technical assistance, resources and capacity building to Member States in order to implement such capabilities, and, where appropriate, encourages Member States to share PNR data with relevant or concerned Member States to detect foreign terrorist fighters returning to their countries of origin or nationality, or traveling or relocating to a third country, with particular regard for all individuals designated by the Committee established pursuant to resolutions 1267 (1999), 1989 (2011), and 2253 (2015), and also urges ICAO to work with its Member States to establish a standard for the collection, use, processing and protection of PNR data; 13. Decides that Member States shall develop watch lists or databases of known and suspected terrorists, including foreign terrorist fighters, for use by law enforcement, border security, customs, military, and intelligence agencies to screen travelers and conduct risk assessments and investigations, in compliance with domestic and international law, including human rights law, and encourages Member States to share this information through bilateral and multilateral mechanisms, in compliance with domestic and international human rights law, and further encourages the facilitation of capacity building and technical assistance by Member States and
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S/RES/2396 (2017) 17-23112 8/13 other relevant Organizations to Member States as they seek to implement this obligation; 14. Encourages improved cooperation between ICAO and CTED, in coordination with other relevant UN entities, in identifying areas where Member States may need technical assistance and capacity-building to implement the obligations of this resolution related to PNR and API and watch lists, as well as implementation of the GaSEP; 15. Decides that Member States shall develop and implement systems to collect biometric data, which could include fingerprints, photographs, facial recognition, and other relevant identifying biometric data, in order to responsibly and properly identify terrorists, including foreign terrorist fighters, in compliance with domestic law and international human rights law, calls upon other Member States, international, regional, and subregional entities to provide technical assistance, resources, and capacity building to Member States in order to implement such systems and encourages Member States to share this data responsibly among relevant Member States, as appropriate, and with INTERPOL and other relevant international bodies; 16. Calls upon Member States to contribute to and make use of INTERPOL’s databases and ensure that Member States’ law enforcement, border security and customs agencies are connected to these databases through their National Central Bureaus, and make regular use of INTERPOL databases for use in screening travelers at air, land and sea ports of entry and to strengthen investigations and risk assessments of returning and relocating foreign terrorist fighters and their families, and further calls upon Member States to continue sharing information regarding all lost and stolen travel documents with INTERPOL, as appropriate and consistent with domestic law and applicable international law to enhance the operational effectiveness of INTERPOL databases and notices; Judicial Measures and International Cooperation 17. 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 support of terrorist acts is brought to justice, and further recalls its decision 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 the activities described in paragraph 6 of resolution 2178 in a manner duly reflecting the seriousness of the offense; 18. Urges Member States, in accordance with domestic and applicable international human rights law and international humanitarian law, to develop and implement appropriate investigative and prosecutorial strategies, regarding those suspected of the foreign terrorist fighter-related offenses described in paragraph 6 of resolution 2178 (2014); 19. Reaffirms that those responsible for committing or otherwise responsible for terrorist acts, and violations of international humanitarian law or violations or abuses of human rights in this context, must be held accountable; 20. Calls upon Member States, including through relevant Central Authorities, as well as UNODC and other relevant UN entities that support capacity building, to share best practices and technical expertise, informally and formally, with a view to improving the collection, handling, preservation and sharing of relevant information and evidence, in accordance with domestic law and the obligations Member States have undertaken under international law, including information obtained from the internet, or in conflict zones, in order to ensure foreign terrorist fighters who have
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S/RES/2396 (2017) 9/13 17-23112 committed crimes, including those returning and relocating to and from the conflict zone, may be prosecuted; 21. Encourages enhancing Member State cooperation with the private sector, in accordance with applicable law, especially with information communication technology companies, in gathering digital data and evidence in cases related to terrorism and foreign terrorist fighters; 22. Calls upon Member States to improve international, regional, and sub regional cooperation, if appropriate through multilateral and bilateral agreements, to prevent the undetected travel of foreign terrorist fighters from or through their territories, especially returning and relocating foreign terrorist fighters, 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 their families, and for Member States to act cooperatively when taking national measures to prevent terrorists from exploiting technology, communications and resources to support terrorist acts, while respecting human rights and fundamental freedoms and consistent with their obligations under domestic and applicable international law; 23. 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 further underscores that this includes physical and digital evidence, underlines the importance of fulfilling this obligation with respect to such investigations or proceedings involving foreign terrorist fighters, while respecting human rights and fundamental freedoms and consistent with obligations under domestic and applicable international law; and urges Member States to act in accordance with their obligations under international law in order to find and bring to justice, extradite or prosecute any person who supports, facilitates, participates or attempts to participate in the direct or indirect financing of activities conducted by terrorists or terrorist groups; 24. Underscores the need for Member States to strengthen international judicial cooperation, as outlined in Resolution 2322 and in light of the evolving threat of foreign terrorist fighters, including, as appropriate, to use applicable international instruments to which they are parties as a basis for mutual legal assistance and, as appropriate, for extradition in terrorism cases, reiterates its call on Member States to consider strengthening the implementation of, and where appropriate, to review possibilities for enhancing the effectiveness of, their respective bilateral and multilateral treaties concerning extradition and Mutual Legal Assistance in criminal matters related to counterterrorism, and encourages Member States, in the absence of applicable conventions or provisions, to cooperate when possible on the basis of reciprocity or on a case by case basis, and reiterates its call upon Member States to consider the possibility of allowing, through appropriate laws and mechanisms, the transfer of criminal proceedings, as appropriate, in terrorism-related cases and recognizing the role of UNODC is providing technical assistance and expertise in this regard; 25. Calls upon Member States to help build the capacity of other Member States to address the threat posed by foreign terrorist fighter returnees and relocators and their accompanying family members, prioritizing those Member States most affected by the threat, including to prevent and monitor foreign terrorist fighter travel across land and maritime borders, and to help collect and preserve evidence admissible in judicial proceedings;
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S/RES/2396 (2017) 17-23112 10/13 26. Calls upon Member States to improve domestic information sharing within their respective criminal justice systems in order to more effectively monitor returning and relocating foreign terrorist fighters and other individuals radicalized to violence or directed by ISIL or other terrorist groups to commit terrorist acts, in accordance with international law; 27. Calls upon Member States to establish or strengthen national, regional and international partnerships with stakeholders, both public and private, as appropriate, to share information and experience in order to prevent, protect, mitigate, investigate, respond to and recover from damage from terrorist attacks against “soft” targets; 28. Urges States able to do so to assist in the delivery of effective and targeted capacity development, training and other necessary resources, and technical assistance, where it is needed to enable all States to develop appropriate capacity to implement contingency and response plans with regard to attacks on “soft” targets; Prosecution, Rehabilitation and Reintegration Strategies 29. Calls upon Member States to assess and investigate suspected individuals whom they have reasonable grounds to believe are terrorists, including suspected foreign terrorist fighters and their accompanying family members, including spouses and children, entering those Member States’ territories, to develop and implement comprehensive risk assessments for those individuals, and to take appropriate action, including by considering appropriate prosecution, rehabilitation, and reintegration measures and emphasizes that Member States should ensure that they take all such action in compliance with domestic and international law; 30. Calls upon Member States, emphasizing that they are obliged, in accordance with resolution 1373, to 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, to develop and implement comprehensive and tailored prosecution, rehabilitation, and reintegration strategies and protocols, in accordance with their obligations under international law, including with respect to foreign terrorist fighters and spouses and children accompanying returning and relocating foreign terrorist fighters, as well as their suitability for rehabilitation, and to do so in consultation, as appropriate, with local communities, mental health and education practitioners and other relevant civil society organizations and actors, and requests UNODC and other relevant UN agencies, consistent with their existing mandates and resources, and other relevant actors to continue providing technical assistance to Member States, upon request, in this regard; 31. Emphasizes that women and children associated with foreign terrorist fighters returning or relocating to and from conflict may have served in many different roles, including as supporters, facilitators, or perpetrators of terrorist acts, and require special focus when developing tailored prosecution, rehabilitation and reintegration strategies, and stresses the importance of assisting women and children associated with foreign terrorist fighters who may be victims of terrorism, and to do so taking into account gender and age sensitivities; 32. Underscores the importance of a whole of government approach and recognizes the role civil society organizations can play, including in the health, social welfare and education sectors in contributing to the rehabilitation and reintegration of returning and relocating foreign terrorist fighters and their families, as civil society organizations may have relevant knowledge of, access to and engagement with local communities to be able to confront the challenges of recruitment and radicalization to violence, and encourages Member States to engage with them proactively when developing rehabilitation and reintegration strategies;
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S/RES/2396 (2017) 11/13 17-23112 33. Stresses the need to effectively counter the ways that ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities use their narratives to incite and recruit others to commit terrorist acts, and further recalls in this regard resolution 2354 (2017) and the “Comprehensive International Framework to Counter Terrorist Narratives” (S/2017/375) with recommended guidelines and good practices; 34. Encourages Member States to collaborate in the pursuit of developing and implementing effective counter-narrative strategies in accordance with resolution 2354 (2017), including those relating to foreign terrorist fighters, in a manner compliant with their obligations under international law, including international human rights law, international refugee law and international humanitarian law, as applicable; 35. Reiterates that States should consider engaging, where appropriate, with religious authorities, community leaders and other civil society actors, who have relevant expertise in crafting and delivering effective counter-narratives, in countering narratives used by terrorists, including foreign terrorist fighters, and their supporters; 36. Recognizes the particular importance of providing, through a whole of government approach, timely and appropriate reintegration and rehabilitation assistance to children associated with foreign terrorist fighters returning or relocating from conflict zones, including through access to health care, psychosocial support and education programs that contribute to the well-being of children and to sustainable peace and security; 37. Encourages Member States to develop appropriate legal safeguards to ensure that prosecution, rehabilitation and reintegration strategies developed are in full compliance with their international law obligations, including in cases involving children; 38. Calls upon Member States to develop and implement risk assessment tools to identify individuals who demonstrate signs of radicalization to violence and develop intervention programs, including with a gender perspective, as appropriate, before such individuals commit acts of terrorism, in compliance with applicable international and domestic law and without resorting to profiling based on any discriminatory grounds prohibited by international law; 39. Encourages Member States, as well as international, regional, and sub-regional entities to ensure participation and leadership of women in the design, implementation, monitoring, and evaluation of these strategies for addressing returning and relocating foreign terrorist fighters and their families; 40. Encourages Member States to take all appropriate actions to maintain a safe and humane environment in prisons, develop tools that can help address radicalization to violence and terrorist recruitment, and to develop risk assessments to assess the risks of prison inmates’ susceptibility to terrorist recruitment and radicalization to violence, and develop tailored and gender-sensitive strategies to address and counter terrorist narratives within the prison system, consistent with international humanitarian law and human rights law, as applicable and in accordance with relevant international law and taking into consideration, as appropriate, the United Nations Standard Minimum Rules for the Treatment of Prisoners, or “Nelson Mandela Rules”; 41. Encourages Member States to take all appropriate actions to prevent inmates who have been convicted of terrorism-related offenses from radicalizing other prisoners to violence, with whom they may come into contact, in compliance with domestic and international law;
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S/RES/2396 (2017) 17-23112 12/13 United Nations Efforts on Returning and Relocating Foreign Terrorist Fighters 42. Reaffirms that foreign terrorist fighters and those who finance or otherwise facilitate their travel and subsequent activities may be eligible for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List maintained by the Committee pursuant to resolutions 1267 (1999), 1989 (2011), and 2253 (2015) 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, supplying, selling or transferring arms and related materiel to, or recruiting for, or otherwise supporting acts or activities of Al-Qaida, ISIL, 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; 43. Directs the Committee established pursuant to resolution 1267 (1999), 1989 (2011) and 2253 (2015) and the Analytical Support and Sanctions Monitoring Team, in close cooperation with all relevant United Nations counter-terrorism bodies, to continue to devote special focus to the threat posed by foreign terrorist fighters, specifically those associated with ISIL, ANF and all groups, undertakings and entities associated with Al-Qaida; 44. Requests the Counter-Terrorism Committee, within its existing mandate and with the support of Counter-Terrorism Executive Directorate (CTED), to review the 2015 Madrid Guiding Principles in light of the evolving threat of foreign terrorist fighters, particularly returnees, relocators and their families, and other principle gaps that may hinder States’ abilities to appropriately detect, interdict, and where possible, prosecute, rehabilitate and reintegrate foreign terrorist fighter returnees and relocators and their families, as well as to continue to identify new good practices and to facilitate technical assistance, upon their request, specifically by promoting engagement between providers of capacity-building assistance and recipients, especially those in the most affected regions, including through the development of comprehensive counter-terrorism strategies that encompass countering radicalization to violence and the return and relocation of foreign terrorist fighters and their families, recalling the roles of other relevant actors, for example the Global Counterterrorism Forum; 45. Further requests CTED, in coordination with UNODC and other relevant UN bodies, INTERPOL, and the private sector, and in collaboration with Member States, to continue to collect and develop best practices on the systematic categorization, collection and sharing among Member States of biometric data, with a view to improving biometric standards and improving the collection and use of biometric data to effectively identify terrorists, including foreign terrorist fighters, including through the facilitation of capacity building, as appropriate; 46. Requests the Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) and the Counter-Terrorism Committee to update the Security Council on their respective efforts pursuant to this resolution, as appropriate; 47. Encourages relevant UN entities, including UNODC and UNOCT, to further enhance, in close consultation with the Counter-Terrorism Committee and CTED, the provision and delivery of technical assistance to States, upon request, to better support Member State efforts to implement this resolution; 48. Notes that the implementation of aspects of this resolution, especially PNR and biometric data collection, can be resource-intensive and take an extended period of time to develop and make operational, directs CTED to take this into consideration when assessing Member States’ implementation of relevant resolutions, and in its furtherance of facilitating technical assistance as requested in paragraph 47;
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S/RES/2396 (2017) 13/13 17-23112 49. Urges the Office of Counterterrorism to incorporate CTED assessments and identification of emerging issues, trends and developments as related to foreign terrorist fighters into the design and implementation of their work, in accordance with their respective mandates, as well as to enhance cooperation with relevant UN counter-terrorism entities such as CTED, UNODC, the Analytical Support and Sanctions Monitoring Team, and INTERPOL; 50. Requests the Office of Counterterrorism, in close cooperation with CTED, including through use of CTED country assessments, to review the UN Capacity Building Implementation Plan to counter the Flow of FTFs, as called for under S/PRST/2015/11, to ensure that the Plan supports Member States in their efforts to implement the priorities of this resolution, the establishment of effective API systems, the development of PNR capability, the development of effective biometric data systems, the improvement of judicial procedures, and the development of comprehensive and tailored prosecution, rehabilitation, and reintegration strategies, further requests OCT to communicate the prioritization of these projects and any updates to the plan to all Member States and relevant international, regional, and sub-regional bodies by June 2018, and to continue incorporating CTED country assessments in its Plan on a routine basis, further requests OCT to develop ways to measure the effectiveness of these projects, and calls upon Member States, as appropriate, to provide the resources needed to implement these projects; 51. Decides to remain seized of the matter.
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maintained pursuant to Security Council res. 223 (2015)”,
generated on 23 November 2018
Website of the United Nations Security Council available at
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consolidated.xml&xslt=htdocs/resources/xsl/en/iran-r.xsl
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Res. 2231 (2015) ListPage 1 of 9The List established and maintained pursuant to Security Council res. 2231 (2015)Generated on: 23 November 2018"Generated on refers to the date on which the user accessed the list and not the last date of substantive update tothe list. Information on the substantive list updates are provided on the Council / Committee’s website."Composition of the ListThe list consists of the two sections specified below:A. IndividualsB. Entities and other groupsInformation about de-listing may be found at:https://www.un.org/sc/suborg/en/ombudsperson (for res. 1267)https://www.un.org/sc/suborg/en/sanctions/delisting (for other Committees)https://www.un.org/en/sc/2231/list.shtml (for res. 2231)A. IndividualsIRi.001 Name: 1: FEREIDOUN 2: ABBASI-DAVANI 3: na 4: naTitle: na Designation: Senior Ministry of Defence and Armed Forces Logistics (MODAFL) Scientist DOB: a)1958 b) 1959 POB: Abadan, Iran (Islamic Republic of) Good quality a.k.a.: na Low quality a.k.a.: na Nationality:na Passport no: na National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec.2014) Other information: Has "links to the Institute of Applied Physics, working closely with Mohsen Fakhrizadeh-Mahabadi" (designated under IRi.016) [Old Reference # I.47.C.1].IRi.003 Name: 1: AZIM 2: AGHAJANI 3: na 4: naTitle: na Designation: Member of the IRGC-Qods Force operating under the direction of Qods Force Commander,Major General Qasem Soleimani, who was designated by the UN Security Council in resolution 1747 (2007) DOB:na POB: na Good quality a.k.a.: Azim Adhajani; Azim Agha-Jani Low quality a.k.a.: na Nationality: Iran (IslamicRepublic of) Passport no: a) 6620505, issued in Iran (Islamic Republic of) b) 9003213, issued in Iran (IslamicRepublic of) National identification no: na Address: na Listed on: 18 Apr. 2012 (amended on 17 Dec. 2014) Other information: Facilitated a breach of paragraph 5 of resolution 1747 (2007) prohibiting the export of arms andrelated materiel from Iran. [Old Reference # I.AC.50.18.04.12.(1)]IRi.004 Name: 1: ALI AKBAR 2: AHMADIAN 3: na 4: naTitle: na Designation: a) Vice Admiral b) Chief of IRGC Joint Staff DOB: 1961 POB: Kerman, Iran (IslamicRepublic of) Good quality a.k.a.: Ali Akbar Ahmedian Low quality a.k.a.: na Nationality: na Passport no:na National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Otherinformation: Position changed. [Old Reference # I.47.D.2]IRi.009 Name: 1: BAHMANYAR MORTEZA 2: BAHMANYAR 3: na 4: naTitle: na Designation: Head of Finance and Budget Department of the Aerospace Industries Organization (AIO). DOB: 31 Dec. 1952 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: Iran Passport no: a)I0005159, issued in Iran b) 10005159, issued in Iran National identification no: na Address: na Listed on: 23Dec. 2006 (amended on 17 Dec. 2014) Other information: [Old Reference # I.37.D.4]IRi.012 Name: 1: AHMAD VAHID 2: DASTJERDI 3: na 4: naTitle: na Designation: Head of the AIO DOB: 15 Jan. 1954 POB: na Good quality a.k.a.: na Low quality a.k.a.:na Nationality: na Passport no: number A0002987, issued in Iran National identification no: na Address: naListed on: 23 Dec. 2006 (amended on 17 Dec. 2014) Other information: Served as Deputy Defense Minister2009-10. [Old Reference # I.37.D.2]
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Res. 2231 (2015) ListPage 2 of 9IRi.013 Name: 1: AHMAD 2: DERAKHSHANDEH 3: na 4: naTitle: na Designation: Chairman and Managing Director of Bank Sepah, which provides support for the AIO andsubordinates, including SHIG and SBIG, both of which were designated under resolution 1737 (2006). DOB: 11Aug. 1956 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na Nationalidentification no: na Address: 33 Hormozan Building, Pirozan St., Sharak Ghods, Tehran, Iran (Islamic Republicof) Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Other information: [Old Reference # I.47.C.8]IRi.014 Name: 1: MOHAMMAD 2: ESLAMI 3: na 4: naTitle: Dr. Designation: Head of Iran's Defence Industries Training and Research Institute. DOB: na POB: naGood quality a.k.a.: Mohammad Islami; Mohamed Islami; Mohammed Islami Low quality a.k.a.: na Nationality:na Passport no: na National identification no: na Address: na Listed on: 3 Mar. 2008 (amended on 17 Dec.2014) Other information: Served as Deputy Defence Minister from 2012 to 2013. [Old Reference # I.03.I.6]IRi.015 Name: 1: REZA-GHOLI 2: ESMAELI 3: na 4: naTitle: na Designation: Head of Trade and International Affairs Department of the AIO. DOB: 3 Apr. 1961 POB: naGood quality a.k.a.: Reza-Gholi Ismaili Low quality a.k.a.: na Nationality: na Passport no: number A0002302,issued in Iran (Islamic Republic of) National identification no: na Address: na Listed on: 23 Dec. 2006 (amendedon 17 Dec. 2014) Other information: [Old Reference # I.37.D.3]IRi.016 Name: 1: MOHSEN 2: FAKHRIZADEH-MAHABADI 3: na 4: naTitle: na Designation: a) Senior MODAFL scientist b) Former head of the Physics Research Centre (PHRC) DOB: na POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: a) A0009228(Unconfirmed (likely Iran)) b) 4229533 (Unconfirmed (likely Iran)) National identification no: na Address: naListed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Other information: The IAEA have asked to interview himabout the activities of the PHRC over the period he was head but Iran has refused. [Old Reference # I.47.C.2]IRi.017 Name: 1: MOHAMMAD 2: HEJAZI 3: na 4: naTitle: na Designation: a) Brigadier General b) Commander of Bassij resistance force DOB: 1959 POB: Isfahan,Iran (Islamic Republic of) Good quality a.k.a.: Mohammed Hijazi Low quality a.k.a.: na Nationality: na Passportno: na National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Otherinformation: [Old Reference # I.47.D.5]IRi.018 Name: 1: MOHSEN 2: HOJATI 3: na 4: naTitle: na Designation: Head of Fajr Industrial Group, which is designated under resolution 1737 (2006) for its rolein the ballistic missile programme. DOB: 28 Sep. 1955 POB: na Good quality a.k.a.: na Low quality a.k.a.: naNationality: na Passport no: number G4506013, issued in Iran (Islamic Republic of) National identification no: naAddress: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Other information: [Old Reference # I.47.C.5]IRi.020 Name: 1: MEHRDADA AKHLAGHI 2: KETABACHI 3: na 4: naTitle: na Designation: Head of the Shahid Bagheri Industrial Group (SBIG), which is designated under resolution1737 (2006) for its role in the ballistic missile programme (designated under IRe.066). DOB: 10 Sep. 1958 POB:na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: A0030940, issued in Iran (IslamicRepublic of) National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Other information: [Old Reference # I.47.C.6]IRi.022 Name: 1: NASER 2: MALEKI 3: na 4: naTitle: na Designation: a) Head of Shahid Hemmat Industrial Group (SHIG), which is designated under resolution1737 (2006) for its role in Iran's ballistic missile programme (designated under IRe.067). b) MODAFL officialoverseeing work on the Shahab-3 ballistic missile programme, Iran's long range ballistic missile currently in service. DOB: 1960 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: numberA0003039, issued in Iran (Islamic Republic of) National identification no: Iran (Islamic Republic of) 0035011785,issued in Iran (Islamic Republic of) Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Otherinformation: [Old Reference # I.47.C.7]
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Res. 2231 (2015) ListPage 3 of 9IRi.026 Name: 1: MOHAMMAD REZA 2: NAQDI 3: na 4: naTitle: na Designation: a) Brigadier-General b) Former Deputy Chief of Armed Forces General Staff for Logisticsand Industrial Research c) Head of State Anti-Smuggling Headquarters DOB: a) 11 Feb. 1949 b) 11 Feb. 1952 c)11 Feb. 1953 d) 11 Feb. 1961 POB: a) Najaf, Iraq b) Tehran, Iran (Islamic Republic of) Good quality a.k.a.: naLow quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 3Mar. 2008 (amended on 17 Dec. 2014) Other information: Engaged in efforts to get round the sanctions imposedby resolutions 1737 (2006) and 1747 (2007). [Old Reference # I.03.I.10]IRi.027 Name: 1: MOHAMMAD MEHDI 2: NEJAD NOURI 3: na 4: naTitle: na Designation: a) Lieutenant General b) Rector of Malek Ashtar University of Defence Technology(chemistry department, affiliated to MODAFL, has conducted experiments on beryllium). DOB: na POB: na Goodquality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address:na Listed on: 23 Dec. 2006 (amended on 17 Dec. 2014) Other information: Deputy Minister of Science, Researchand Technology. [Old Reference # I.37.C.7]IRi.033 Name: 1: MORTEZA 2: REZAIE 3: na 4: naTitle: na Designation: a) Brigadier General b) Deputy Commander of IRGC DOB: 1956 POB: na Good qualitya.k.a.: Mortaza Rezaie; Mortaza Rezai; Morteza Rezai Low quality a.k.a.: na Nationality: na Passport no:na National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Otherinformation: [Old Reference # I.47.D.1]IRi.035 Name: 1: MORTEZA 2: SAFARI 3: na 4: naTitle: na Designation: a) Rear Admiral b) Commander of IRGC Navy DOB: na POB: na Good quality a.k.a.:Mortaza Safari; Morteza Saferi; Murtaza Saferi; Murtaza Safari Low quality a.k.a.: na Nationality: na Passportno: na National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Otherinformation: [Old Reference #I.47.D.4]IRi.036 Name: 1: YAHYA RAHIM 2: SAFAVI 3: na 4: naTitle: na Designation: a) Major General b) Commander, IRGC (Pasdaran) DOB: 1952 POB: Isfahan, Iran(Islamic Republic of) Good quality a.k.a.: Yahya Raheem Safavi Low quality a.k.a.: na Nationality: na Passportno: na National identification no: na Address: na Listed on: 23 Dec. 2006 (amended on 17 Dec. 2014) Otherinformation: [Old Reference # I.37.E.1]IRi.038 Name: 1: HOSEIN 2: SALIMI 3: na 4: naTitle: na Designation: a) General b) Commander of the Air Force, IRGC (Pasdaran) DOB: na POB: na Goodquality a.k.a.: Husain Salimi; Hosain Salimi; Hussain Salimi; Hosein Saleemi; Husain Saleemi; Hosain Saleemi;Hussain Saleemi; Hossein Salimi; Hossein Saleemi Low quality a.k.a.: na Nationality: na Passport no: numberD08531177, issued in Iran (Islamic Republic of) National identification no: na Address: na Listed on: 23 Dec.2006 (amended on 17 Dec. 2014) Other information: [Old Reference # I.37.D.1]IRi.039 Name: 1: QASEM 2: SOLEIMANI 3: na 4: naTitle: na Designation: a) Brigadier General b) Commander of Qods force DOB: 11 Mar. 1957 POB: Qom,Iran (Islamic Republic of) Good quality a.k.a.: Qasim Soleimani; Qasem Sulaimani; Qasim Sulaimani; QasimSulaymani; Qasem Sulaymani; Kasim Soleimani; Kasim Sulaimani; Kasim Sulaymani Low quality a.k.a.: HajQasem; Haji Qassem; Sardar Soleimani Nationality: na Passport no: number 008827, issued in Iran (IslamicRepublic of) National identification no: na Address: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Other information: Promoted to Major General, retaining his position as Commander of Qods force. [Old Reference# I.47.D.6]
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Res. 2231 (2015) ListPage 4 of 9IRi.041 Name: 1: ALI AKBAR 2: TABATABAEI 3: na 4: naTitle: na Designation: Member of the IRGC Qods Force operating under the direction of Qods Force Commander,Major General Qasem Soleimani who was designated by the UN Security Council in resolution 1747 (2007)(designated under IRi.039). DOB: 1967 POB: na Good quality a.k.a.: a) Sayed Akbar Tahmaesebi; SyedAkber Tahmaesebi b) Ali Akber Tabatabaei; Ali Akber Tahmaesebi; Ali Akbar Tahmaesebi Low quality a.k.a.: naNationality: Iran (Islamic Republic of) Passport no: a) 9003213, issued in Iran / unknown b) 6620505, issued inIran / unknown National identification no: na Address: na Listed on: 18 Apr. 2012 (amended on 17 Dec. 2014) Other information: Facilitated a breach of paragraph 5 of resolution 1747 (2007) prohibiting the export of arms andrelated materiel from Iran. [Old Reference # I.AC.50.18.04.12.(2)]IRi.042 Name: 1: MOHAMMAD REZA 2: ZAHEDI 3: na 4: naTitle: na Designation: a) Brigadier General b) Commander of IRGC Ground Forces DOB: 1944 POB: Isfahan,Iran (Islamic Republic of) Good quality a.k.a.: Mohammad Reza Zahidi; Mohammad Raza Zahedi Low qualitya.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on: 24 Mar. 2007(amended on 17 Dec. 2014) Other information: [Old Reference # I.47.D.3]IRi.043 Name: 1: MOHAMMAD BAQER 2: ZOLQADR 3: na 4: naTitle: na Designation: a) General b) IRGC officer c) Deputy Interior Minister for Security Affairs DOB: naPOB: na Good quality a.k.a.: Mohammad Bakr Zolqadr; Mohammad Bakr Zolkadr; Mohammad Baqer Zolqadir;Mohammad Baqer Zolqader Low quality a.k.a.: na Nationality: na Passport no: na National identification no: naAddress: na Listed on: 24 Mar. 2007 (amended on 17 Dec. 2014) Other information: [Old Reference # I.47.D.7]B. Entities and other groupsIRe.001 Name: 7TH OF TIRA.k.a.: na F.k.a.: na Address: na Listed on: 23 Dec. 2006 ( amended on 17 Dec. 2014 ) Other information:Subordinate of Defence Industries Organisation (DIO), widely recognized as being directly involved in the nuclearprogramme. [Old Reference #E.37.A.7]IRe.002 Name: ABZAR BORESH KAVEH CO. (BK CO.)A.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 ( amended on 17 Dec. 2014 ) Other information:Involved in the production of centrifuge components. [Old Reference # E.03.III.1]IRe.003 Name: AMIN INDUSTRIAL COMPLEXA.k.a.: a) Amin Industrial Compound b) Amin Industrial Company F.k.a.: na Address: a) P.O. Box 91735-549,Mashad, Iran (Islamic Republic of) b) Amin Industrial Estate, Khalage Rd., Seyedi District, Mashad, Iran (IslamicRepublic of) c) Kaveh Complex, Khalaj Rd., Seyedi St., Mashad, Iran (Islamic Republic of) Listed on: 9 Jun. 2010( amended on 17 Dec. 2014 ) Other information: Sought temperature controllers which may be used in nuclearresearch and operational/production facilities. Amin Industrial Complex is owned or controlled by, or acts on behalfof, DIO, which was designated in resolution 1737 (2006). [Old Reference # E.29.I.1]IRe.004 Name: AMMUNITION AND METALLURGY INDUSTRIES GROUP (AMIG)A.k.a.: Ammunition Industries Group F.k.a.: na Address: na Listed on: 24 Mar. 2007 ( amended on 17 Dec.2014 ) Other information: Controls 7th of Tir, which is designated under resolution 1737 (2006) for its role in Iran'scentrifuge programme. AMIG is in turn owned and controlled by DIO, which is designated under resolution 1737(2006). [Old Reference # E.47.A.1]IRe.005 Name: ARMAMENT INDUSTRIES GROUP (AIG)A.k.a.: na F.k.a.: na Address: a) Sepah Islam Road, Karaj Special Road Km 10, Iran (Islamic Republic of) b)Pasdaran Ave., Tehran, Iran (Islamic Republic of) c) P.O. Box 19585/777, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 ( amended on 17 Dec. 2014 ) Other information: Manufacturers and services a variety ofsmall arms and light weapons, including large- and medium-calibre guns and related technology. AIG conducts themajority of its procurement activity through Hadid Industries Complex. [Old Reference # E.29.I.2]
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Res. 2231 (2015) ListPage 5 of 9IRe.008 Name: BARZAGANI TEJARAT TAVANMAD SACCAL COMPANIESA.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: A subsidiary of Saccal Systemcompanies, this company tried to purchase sensitive goods for an entity listed in resolution 1737 (2006). [OldReference # E.03.III.2]IRe.009 Name: BEHINEH TRADING CO.A.k.a.: na F.k.a.: na Address: Tavakoli Building, Opposite of 15th Alley, Emam-Jomeh Street, Tehran, Iran(Islamic Republic of) Listed on: 18 Apr. 2012 Other information: An Iranian company that played a key rolein Iran's illicit transfer of arms to West Africa and acted on behalf of the IRGC Qods Force, commanded by MajorGeneral Qasem Soleimani, designated by the UN Security Council in resolution 1747 (2007), as the shipper of theweapons consignment. (Additional Information: Telephone: 98-919-538-2305; Website: http://www.behinehco.ir) [OldReference # E.AC.50.18.04.12]IRe.010 Name: CRUISE MISSILE INDUSTRY GROUPA.k.a.: Naval Defence Missile Industry Group F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information:Production and development of cruise missiles. Responsible for naval missiles including cruise missiles. [OldReference # E.47.A.7]IRe.011 Name: DEFENCE INDUSTRIES ORGANISATION (DIO)A.k.a.: na F.k.a.: na Address: na Listed on: 23 Dec. 2006 Other information: Overarching MODAFL-controlledentity, some of whose subordinates have been involved in the centrifuge programme making components, and in themissile programme. [Old Reference # E.37.A.6]IRe.012 Name: DEFENSE TECHNOLOGY AND SCIENCE RESEARCH CENTER (DTSRC)A.k.a.: na F.k.a.: na Address: Pasdaran Av., PO Box 19585/777, Tehran, Iran (Islamic Republic of) Listed on: 9Jun. 2010 ( amended on 17 Dec. 2014 ) Other information: Owned or controlled by, or acts on behalf of, MODAFL,which oversees Iran's defence research and development, production, maintenance, exports and procurement. [OldReference # E.29.I.3]IRe.013 Name: DOOSTAN INTERNATIONAL COMPANY (DICO)A.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 ( amended on 17 Dec. 2014 ) Other information:Supplies elements to Iran's ballistic missile programme. [Old Reference # E.29.I.4]IRe.014 Name: ELECTRO SANAM COMPANYA.k.a.: a) E. S. Co. b) E. X. Co. F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: AIO front-company, involved in the ballistic missile programme. [Old Reference # E.03.III.3]IRe.016 Name: ETTEHAD TECHNICAL GROUPA.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: AIO front-company, involved in theballistic missile programme. [Old Reference # E.03.III.4]IRe.017 Name: FAJR INDUSTRIAL GROUPA.k.a.: na F.k.a.: Instrumentation Factory Plant Address: na Listed on: 23 Dec. 2006 Other information:Subordinate entity of AIO. [Old Reference # E.37.B.3]IRe.018 Name: FARASAKHT INDUSTRIESA.k.a.: na F.k.a.: na Address: P.O. Box 83145-311, Kilometer 28, Esfahan-Tehran Freeway, Shahin Shahr,Esfahan, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acts onbehalf of, the Iran Aircraft Manufacturing Company, which in turn is owned or controlled by MODAFL. [Old Reference# E.29.I.5]IRe.019 Name: FARAYAND TECHNIQUEA.k.a.: na F.k.a.: na Address: na Listed on: 23 Dec. 2006 Other information: Involved in centrifuge programme,identified in IAEA reports. [Old Reference # E.37.A.5]
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Res. 2231 (2015) ListPage 6 of 9IRe.020 Name: FATER INSTITUTEA.k.a.: Faater Institute F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Khatam al-Anbiya (KAA)subsidiary. Fater has worked with foreign suppliers, likely on behalf of other KAA companies on IRGC projects inIran. [Old Reference # E.29.II.1]IRe.022 Name: GHARAGAHE SAZANDEGI GHAEMA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by KAA. [OldReference # E.29.II.2]IRe.023 Name: GHORB KARBALAA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by KAA. [OldReference # E.29.II.3]IRe.024 Name: GHORB NOOHA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by KAA. [OldReference # E.29.II.4]IRe.025 Name: HARA COMPANYA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by Ghorb Nooh.[Old Reference # E.29.II.5]IRe.026 Name: IMENSAZAN CONSULTANT ENGINEERS INSTITUTEA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acts onbehalf of, KAA. [Old Reference # E.29.II.6]IRe.027 Name: INDUSTRIAL FACTORIES OF PRECISION (IFP) MACHINERYA.k.a.: Instrumentation Factories Plant F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: Used byAIO for some acquisition attempts. [Old Reference # E.03.III.5]IRe.031 Name: JOZA INDUSTRIAL CO.A.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: AIO front-company, involved in theballistic missile programme. [Old Reference # E.03.III.7]IRe.032 Name: KALA-ELECTRICA.k.a.: Kalaye Electric F.k.a.: na Address: na Listed on: 23 Dec. 2006 Other information: Provider for PFEP -Natanz. [Old Reference # E.37.A.3]IRe.034 Name: KAVEH CUTTING TOOLS COMPANYA.k.a.: na F.k.a.: na Address: a) 3rd Km of Khalaj Road, Seyyedi Street, Mashad, 91638, Iran (Islamic Republic of)b) Km 4 of Khalaj Road, End of Seyedi Street, Mashad, Iran (Islamic Republic of) c) P.O. Box 91735-549, Mashad,Iran (Islamic Republic of) d) Khalaj Rd., End of Seyyedi Alley, Mashad, Iran (Islamic Republic of) e) Moqan St.,Pasdaran St., Pasdaran Cross Rd., Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Other information:Owned or controlled by, or acts on behalf of, DIO. [Old Reference # E.29.I.7]IRe.036 Name: KHATAM AL-ANBIYA CONSTRUCTION HEADQUARTERS (KAA)A.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 ( amended on 17 Dec. 2014 ) Other information: KAAis an IRGC-owned company involved in large scale civil and military construction projects and other engineeringactivities. It undertakes a significant amount of work on Passive Defense Organization projects. In particular,KAA subsidiaries were heavily involved in the construction of the uranium enrichment site at Qom/Fordow. [OldReference # E.29.II.7]IRe.037 Name: KHORASAN METALLURGY INDUSTRIESA.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: Subsidiary of AMIG which dependson DIO. Involved in the production of centrifuges components. [Old Reference # E.03.III.8]
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Res. 2231 (2015) ListPage 7 of 9IRe.038 Name: M. BABAIE INDUSTRIESA.k.a.: na F.k.a.: na Address: P.O. Box 16535-76, Tehran, 16548, Iran (Islamic Republic of) Listed on: 9 Jun.2010 Other information: Subordinate to Shahid Ahmad Kazemi Industries Group (formally the Air Defense MissileIndustries Group) of Iran's Aerospace Industries Organization (AIO). AIO controls the missile organizations ShahidHemmat Industrial Group (SHIG) and the Shahid Bakeri Industrial Group (SBIG), both of which were designated inresolution 1737 (2006). [Old Reference # E.29.I.8]IRe.039 Name: MAKINA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by or acting onbehalf of KAA, and is a subsidiary of KAA. [Old Reference # E.29.II.8]IRe.040 Name: MALEK ASHTAR UNIVERSITYA.k.a.: na F.k.a.: na Address: Corner of Imam Ali Highway and Babaei Highway, Tehran, Iran (Islamic Republicof) Listed on: 9 Jun. 2010 Other information: Subordinate of the DTRSC within MODAFL. This includes researchgroups previously falling under the Physics Research Center (PHRC). IAEA inspectors have not been allowedto interview staff or see documents under the control of this organization to resolve the outstanding issue of thepossible military dimension to Iran's nuclear programme. [Old Reference # E.29.I.9]IRe.042 Name: MINISTRY OF DEFENSE LOGISTICS EXPORTA.k.a.: MODLEX F.k.a.: na Address: a) P.O. Box 16315-189, Tehran, Iran (Islamic Republic of) b) Located on thewest side of Dabestan Street, Abbas Abad District, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Otherinformation: MODLEX sells Iranian-produced arms to customers around the world in contravention of resolution1747 (2007), which prohibits Iran from selling arms or related materiel. [Old Reference # E.29.I.10]IRe.043 Name: MIZAN MACHINERY MANUFACTURINGA.k.a.: 3MG F.k.a.: na Address: P.O. Box 16595-365, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acts on behalf of, SHIG. [Old Reference # E.29.I.11]IRe.045 Name: NIRU BATTERY MANUFACTURING COMPANYA.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: Subsidiary of DIO. Its role is tomanufacture power units for the Iranian military including missile systems. [Old Reference # E.03.III.9]IRe.048 Name: OMRAN SAHELA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by Ghorb Nooh.[Old Reference # E.29.II.9]IRe.049 Name: ORIENTAL OIL KISHA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acts onbehalf of, KAA. [Old Reference # E.29.II.10]IRe.050 Name: PARCHIN CHEMICAL INDUSTRIESA.k.a.: na F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information: Branch of DIO, which producesammunition, explosives, as well as solid propellants for rockets and missiles. [Old Reference # E.47.A.4]IRe.051 Name: PARS AVIATION SERVICES COMPANYA.k.a.: na F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information: Maintains various aircraft, includingMI-171, used by IRGC Air Force. [Old Reference # E.47.B.2]IRe.053 Name: PEJMAN INDUSTRIAL SERVICES CORPORATIONA.k.a.: na F.k.a.: na Address: P.O. Box 16785-195, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acts on behalf of, SBIG. [Old Reference # E.29.I.14]IRe.055 Name: QODS AERONAUTICS INDUSTRIESA.k.a.: na F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information: Produces unmanned aerialvehicles (UAVs), parachutes, para-gliders, para-motors, etc. IRGC has boasted of using these products as part of itsasymmetric warfare doctrine. [Old Reference # E.47.B.1]
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Res. 2231 (2015) ListPage 8 of 9IRe.056 Name: RAH SAHELA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acting onbehalf of, KAA. [Old Reference # E.29.II.11]IRe.057 Name: RAHAB ENGINEERING INSTITUTEA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acting onbehalf of, KAA and is a subsidiary of KAA. [Old Reference # E.29.II.12]IRe.058 Name: SABALAN COMPANYA.k.a.: na F.k.a.: na Address: Damavand Tehran Highway, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun.2010 Other information: Sabalan is a cover name for SHIG. [Old Reference # E.29.I.15]IRe.059 Name: SAD IMPORT EXPORT COMPANYA.k.a.: na F.k.a.: na Address: a) Haftom Tir Square, South Mofte Avenue, Tour Line No 3/1, Tehran, Iran (IslamicRepublic of) b) P.O. Box 1584864813, Tehran, Iran (Islamic Republic of) Listed on: 20 Dec. 2012 ( amendedon 17 Dec. 2014 ) Other information: Assisted Parchin Chemical Industries and 7th of Tir Industries, designatedin resolutions 1747 (2007) and 1737 (2006), in violating paragraph 5 of resolution 1747 (2007). [Old Reference #I.AC.50.20.12.12.(2)]IRe.060 Name: SAFETY EQUIPMENT PROCUREMENT (SEP)A.k.a.: na F.k.a.: na Address: na Listed on: 3 Mar. 2008 Other information: AIO front-company, involved in theballistic missile programme. [Old Reference # E.03.III.11]IRe.061 Name: SAHAND ALUMINUM PARTS INDUSTRIAL COMPANY (SAPICO)A.k.a.: na F.k.a.: na Address: Damavand Tehran Highway, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun.2010 Other information: SAPICO is a cover name for SHIG. [Old Reference # E.29.I.16]IRe.062 Name: SAHEL CONSULTANT ENGINEERSA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by Ghorb Nooh.[Old Reference # E.29.II.13]IRe.063 Name: SANAM INDUSTRIAL GROUPA.k.a.: na F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information: Subordinate to AIO, which haspurchased equipment on AIO's behalf for the missile programme. [Old Reference # E.47.A.9]IRe.064 Name: SEPANIRA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acting onbehalf of, KAA. [Old Reference # E.29.II.14]IRe.065 Name: SEPASAD ENGINEERING COMPANYA.k.a.: na F.k.a.: na Address: na Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acting onbehalf of, KAA. [Old Reference # E.29.II.15]IRe.066 Name: SHAHID BAGHERI INDUSTRIAL GROUP (SBIG)A.k.a.: na F.k.a.: na Address: na Listed on: 23 Dec. 2006 Other information: Subordinate entity of AIO. [OldReference # E.37.B.2]IRe.067 Name: SHAHID HEMMAT INDUSTRIAL GROUP (SHIG)A.k.a.: na F.k.a.: na Address: na Listed on: 23 Dec. 2006 Other information: Subordinate entity of AIO. [OldReference # E.37.B.1]IRe.068 Name: SHAHID KARRAZI INDUSTRIESA.k.a.: na F.k.a.: na Address: Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Other information:Owned or controlled by, or acts on behalf of, SBIG. [Old Reference # E.29.I.17]
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Res. 2231 (2015) ListPage 9 of 9IRe.069 Name: SHAHID SATTARI INDUSTRIESA.k.a.: Shahid Sattari Group Equipment Industries F.k.a.: na Address: Southeast Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Other information: Owned or controlled by, or acts on behalf of, SBIG. [Old Reference #E.29.I.18]IRe.070 Name: SHAHID SAYYADE SHIRAZI INDUSTRIES (SSSI)A.k.a.: na F.k.a.: na Address: a) Next To Nirou Battery Mfg. Co, Shahid Babaii Expressway, Nobonyad Square,Tehran, Iran (Islamic Republic of) b) Pasdaran St., P.O. Box 16765, Tehran, 1835, Iran (Islamic Republic of) c) Babaei Highway - Next to Niru M.F.G, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun. 2010 Otherinformation: SSSI is owned or controlled by, or acts on behalf of, DIO. [Old Reference # E.29.I.19]IRe.071 Name: SHO'A' AVIATIONA.k.a.: na F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information: Produces micro-lights which IRGChas claimed it is using as part of its asymmetric warfare doctrine. [Old Reference # E.47.B.3]IRe.073 Name: SPECIAL INDUSTRIES GROUP (SIG)A.k.a.: na F.k.a.: na Address: Pasdaran Avenue, PO Box 19585/777, Tehran, Iran (Islamic Republic of) Listed on:9 Jun. 2010 Other information: Subordinate of DIO. [Old Reference # E.29.I.20]IRe.075 Name: TIZ PARSA.k.a.: na F.k.a.: na Address: Damavand Tehran Highway, Tehran, Iran (Islamic Republic of) Listed on: 9 Jun.2010 Other information: Tiz Pars is a cover name for SHIG. Between April and July 2007, Tiz Pars attempted toprocure a five axis laser welding and cutting machine, which could make a material contribution to Iran's missileprogramme, on behalf of SHIG. [Old Reference # E.29.I.21]IRe.076 Name: YA MAHDI INDUSTRIES GROUPA.k.a.: na F.k.a.: na Address: na Listed on: 24 Mar. 2007 Other information: Subordinate to AIO, which isinvolved in international purchases of missile equipment. [Old Reference # E.47.A.10]IRe.077 Name: YAS AIRA.k.a.: na F.k.a.: na Address: Mehrabad International Airport, Next to Terminal No. 6, Tehran, Iran (IslamicRepublic of) Listed on: 20 Dec. 2012 Other information: Yas Air is the new name for Pars Air, a company thatwas owned by Pars Aviation Services Company, which in turn was designated by the United Nations SecurityCouncil in resolution 1747 (2007). Yas Air has assisted Pars Aviation Services Company, a United Nations-designated entity, in violating paragraph 5 of resolution 1747 (2007). [Old Reference # I.AC.50.20.12.12.(1)]IRe.078 Name: YAZD METALLURGY INDUSTRIES (YMI)A.k.a.: a) Yazd Ammunition Manufacturing and Metallurgy Industries b) Directorate of Yazd Ammunition andMetallurgy Industries F.k.a.: na Address: a) Pasdaran Avenue, next to Telecommunication Industry, Tehran,16588, Iran b) Postal Box 89195/878, Yazd, Iran c) P.O. Box 89195-678, Yazd, Iran d) Km 5 of Taft Road, Yazd,Iran Listed on: 9 Jun. 2010 Other information: YMI is a subordinate of DIO. [Old Reference #E.29.I.22].
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“Threats and Responses: Counterterrorism; Qaeda Aide Slipped Away
Long Before Sept. 11 Attack”, The New York Times,
8 March 2003
Available at https://www.nytimes.com/2003/03/08/world/threats-responses-
counterterrorism-qaeda-aide-slipped-away-long-before-sept-11.html
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Video Excerpts of Yusuf Al-Qaradawi,
Al Jazeera Television, 28-30 January 2009
(Video recording on CD-rom located at the end of this Volume)
(Transcript of English subtitles and of Arabic original)
Website of the Middle East Media Research Institute available at
https://www.memri.org/tv/sheik-yousuf-al-qaradhawi-allah-imposed-hitler-
upon-jews-punish-them-allah-willing-next-time-will
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YusufAl-Qardawi-MEMRIVideoClipdated28-30January2009ArabicTranscriptionأن لله سلط علیھم طوال التاریخ من یؤدبھم نتیجة أفسادھم. أخر تأدیب كان تأدیب ھتلر وأن كان بالغوا (أي الیھود) في
الأمر ما بالغوا ولكن أستطاع ان یوقفھم عند حدودھم وكان ھذا أدبا الھیا تأدیبا الھیا وعقابا عقابا قدریا لھؤلاء والمرة
القادمة أن شاء لله ستكون على أیدي المؤمنین.
(تسجیل مختلف في نفس الشریط)
یقول: وكل ما أتمناه في ختام كلمتي ھذه أن یھیئ لله لي في ختام حیاتي فرصة للذھاب الى أرض الجھاد والمقاومة
على كرسي متحرك فأطلق رصاصة على أعداء لله الیھود ویطلقون علي قنبلة أختم بھا حیاتي بالشھادة و السلام علیكم
و رحمة لله و بركاتھ.
Annex 101
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YusufAl-Qardawi-MEMRIVideoClipdated28-30January2009TranscriptionofEnglishSubtitles[SheikYousufAl-Qaradawi]:Throughouthistory,Allahhasimposeduponthe[Jews]peoplewhowouldpunishthemfortheircorruption.ThelastpunishmentwascarriedoutbyHitler.Bymeansofallthethingshedidtothem–eventhoughtheyexaggeratedthisissue–hemanagedtoputthemintheirplace.Thiswasdivinepunishmentforthem.Allahwilling,thenexttimewillbeatthehandofthebelievers.[...]Toconcludemyspeech,I’dliketosaythattheonlythingIhopeforisthatasmylifeapproachesitsend,AllahwillgivemeanopportunitytogotothelandofJihadandresistance,evenifinawheelchair.IwillshootAllah’senemies,theJews,andtheywillthrowabombatme,andthus,Iwillsealmylifewithmartyrdom.PraisebetoAllah,LordoftheWorlds.Allah’smercyandblessingsuponyou.
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Video Excerpt of Yusuf Al-Qaradawi, ‘Sharia and Life’,
Al Jazeera Television, 17 March 2013
(Video recording on CD-rom located at the end of this Volume)
(Transcript of English subtitles and of Arabic original)
Available at https://www.youtube.com/watch?v=XPaqvL0lHKQ
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YusufAl-Qardawi-VideoClipdated17March2013ArabicTranscriptionالأمور أنھا لا تجوز الا بتدبیر جماعي یعني الأصل ان الانسان یقاتل فیقتل انما عشان یفجر نفسھ ھذا لابد ان الجماعة
ھي التي ترى انھا في حاجة الى ھذا الامر، إذا الجماعة رأت انھا في حاجة الى من یفجر نفسھ في الاخرین ویعني
یكون ھذا أمرا مطلوبا وتدبر الجماعة كیف یفعل ھذا بأقل الخسائر الممكنة وإذا استطاع ان ینجو بنفسھ فلیفعل، أنما لا
یترك ھذا للأفراد وحدھم. (المذیع یقاطع فیقول: لكن الیس رأي الجماعة) فیقاطعھ القرضاوي بأنھ أكمل حدیثھ: لا
یجوز للفرد أن یتصرف ھذا أنا أروح أفجر نفسي لا أنت ما تتصرفشي لوحدك لازم تتصرف في حدود ما تریده
الجماعة تسلم نفسك للجماعة الجماعة ھي التي تصرف الافراد حسب حاجاتھا و حسب المطالب، انما لا یتصرف
الافراد وحدھم ھذا ھو المطلوب في ھذه القضیة.
Annex 102
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YusufAl-Qardawi-VideoClipdated17March2013TranscriptionofEnglishSubtitles[Al-Qaradawi]:TheruleofthesethingsItcanonlybeachievedbycollectivemeasureTheruleisthatmanfightsandkillsButtoblowhimself,itmustbethegroup’sdecisionIfitthinksitisneededIfthegroupsawthatitneedssomeonetoblowhimselfupinothersAnd,and,andthisisrequiredThegroupmanageshowtodothiswithleastpossiblecasualtiesAndifhewasabletosurvivesohewoulddoit.Butthisisnotlefttoindividualsalone[Otherspeaker]:Butisn’t…[Al-Qaradawi]:individualshouldnotactthis…Iwillblowmyselfup..NoYoushouldn’tactalone.YouhavetoactwithinthelimitsofwhatthegroupwantsGiveyourselfuptothegroupThegroupmanagesthebehaviorofindividualsaccordingtoitsneedsAccordingtotherequirementsButindividualsdonotactaloneThisisrequiredinthiscase
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“Muslim Brotherhood Opponents and Al-Jazeera Employees Protest:
The Channel Is Biased and Unprofessional”, Middle East Media
Research Institute, 12 July 2013
Website of the Middle East Media Research Institute available at
https://www.memri.org/reports/muslim-brotherhood-opponents-and-al-
jazeera-employees-protest-channel-biased-and
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Annex 103
2127
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Annex 103
Annex 103
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Annex 103
Annex 104
“Qatar criticizes Egypt’s designation of the Muslim Brotherhood
as a terrorist organization”, BBC Arabic, 4 January 2014
(English translation, Arabic original)
Available at
http://www.bbc.com/arabic/middleeast/2014/01/140104_qatar_egypt#share-t…
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QatarcriticizesEgypt’sdecisionconsideringtheMuslimBrothersGamaaaterroristorganization–BBCNewsArabichttp://www.bbc.com/arabic/middleeast/2014/01/140104_qatar_egypt[Image]Q…“topavethewaytointensifyshootingagainstthedemonstratorswiththeintenttokill.”TheEgyptianGovernmentrespondedtotheQataricriticismbysummoningtheAmbassadorofQatarinCairo
Annex 104
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QatarcriticizesEgypt’sdecisionconsideringtheMuslimBrothersGamaaaterroristorganization–BBCNewsArabichttp://www.bbc.com/arabic/middleeast/2014/01/140104_qatar_egyptTheQatar…“thedecisiontoconvertpeoplepoliticalmovementstoterroristorganizationsandconvertingdemonstrationsintoaterroristactswasnothelpfulinstoppingthepeacefuldemonstrations,butitwasonlyanintroductionofthepolicyofintensifyingshootingthedemonstratorswiththeintenttokill.”TheQatariForeignAffairsexpresseditsconcernregardingtheincreasingnumbersofvictimsofdemonstrationsinEgyptandthekillingofalargenumberofpeopleacrossthecountry.Thestatement,whichwasbroadcastedbytheofficialnewsagency,addedthat“whathappenedandstillhappeninginEgyptpresentsevidenceafteranotherthattheconfrontationpolicy,securityoptionandmobilizingdonotleadtostability.”TheQatariForeignAffairsconsideredthat“theonlysolutionisthedialoguebetweenthesociety’spoliticalcomponentsandthestate…withoutexclusionnoreradication.”Followingtheissuanceofthestatement,thespeakeroftheEgyptianForeignAffairs,AmbassadorBadrAbdelAaty,saidtoB.B.C.thattheQatariAmbassadorinCairowassummonedtotheheadquartersoftheEgyptianMinistryofForeignAffairstoinformhimwithEgypt’srejectionofQatar’sstatement.AbdelAatysaidthatsummoningtheQatariAmbassador“isanunusualstepamongtheArabcountries.”HereiteratedthatwhatwasmentionedintheQataristatement“isconsideredanunacceptablemiddlinginthecountry’sinternalaffairs.”DohawasastrongsupporteroftheEgyptianPresidentMohammadMorsi–whoisamemberoftheMuslimBrothersGamaa–andits(Doha)relationswithCairodeterioratedafterhewasremovedbytheArmyinlastJulyfollowingmassprotestsagainsthisrulewhichlastedforayear.TheEgyptianGovernmentaccusesAl-JazeeraQatariChannelofsupportingtheMuslimBrothersGamaawhichwasannouncedaterroristorganizationbytheEgyptianauthoritieson25December.Lastweek,theEgyptianAttorneyGeneralorderedtheimprisonmentofseveralAl-Jazeerajournalistsfor15daysforinvestigationtheywereaccusedof“makingup”footageandbroadcastingitasrealoneforthepurposeof“defamationofthecountry.”InaninterviewwiththeEgyptianAl-MasryAl-YoumnewspaperinNovember,theEgyptianMinisterofForeignAffairs,NabilFahmythatAl-JazeerachannelisoneofthereasonsfortherelationsdeteriorationbetweenEgyptandQatar.OnFriday,17protesterswereshotdeadinclashesbetweenofMuslimBrothersGamaasupportersandthepolicealloverEgypt.Accordingtoestimates,more1500personswerekilled,mostofthemsupporteroftheMuslimBrothersGamaasincetheremovalofMorsi.Anabout400policemendiedinexplosionandshootingaccidents.ThousandsoftheMuslimBrothersmemberswerearrested.IslamistswhoopposetheremovalofMorsibytheArmyareorganizingdailydemonstrationsformonths.
Annex 104
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“Update 2 – Egypt summons Qatari envoy after criticisms of crackdown”,
Reuters, 4 January 2014
Available at https://www.reuters.com/article/egypt-brotherhood-qatar/
update-2-egypt-summons-qatari-envoy-after-criticisms-of-crackdown-idUSL6N0KE05S20140104
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DirectoryofsitesLoginContactSupportWorldBusinessMarketsPoliticsTVSearch...INTELJANUARY4,2014/1:20PM/5YEARSAGOUPDATE2-EgyptsummonsQatarienvoyaftercriticismsofcrackdown3MINREAD(RecastswithEgyptforeignministrycomments)CAIRO,Jan4(Reuters)-Egypt’sforeignministrysummonedQatar’sambassadoronSaturdaytocomplainaboutinterferenceinitsinternalaffairsafterDohacriticisedCairo’scrackdownontheIslamistMuslimBrotherhood.TheformerlycloseQatari-EgyptianrelationshiphassouredsincetheEgyptianarmyoustedIslamistPresidentMohamedMursi,whohadbeenfirmlysupportedbyDoha,lastJulyfollowingmassprotestsagainsthisone-yearrule.DiscoverThomsonReutersUPDATE2-EgyptsummonsQatarienvoyaftercriticismsofcrackdown|Reutershttps://www.reuters.com/article/egypt-brotherhood-qatar/update-2-egypt-…...
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Cairo then launched a wide crackdown against Mursi’s Muslim Brotherhood group and labeled it a terrorist group last week.Qatar said on Saturday that the decision to name the Brotherhood a terrorist organisation was “a prelude to a shoot-to-kill policy” against demonstrators who have been staging frequent protests to call for Mursi’s reinstatement.“Egypt reiterates that it will not allow any external party to interfere in its internal affairs under any name or justification,” Egypt’s Foreign Ministry spokesman Badr Abdelatty said in a statement.Any country that tried to interfere would have “the responsibility for the consequences,” he added of the message given to Qatar’s ambassador to Cairo, Saif Moqadam Al-Boenain after the envoy was called in on Saturday.Egypt accuses Qatar and its Doha-based Al Jazeera television channel of backing the Muslim Brotherhood. Thousands of the Brotherhood’s members have been arrested.UPDATE2-EgyptsummonsQatarienvoyaftercriticismsofcrackdown|Reutershttps://www.reuters.com/article/egypt-brotherhood-qatar/update-2-egypt-…...
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Earlier,aQatariforeignministrystatementsaid:“Thedecisiontodesignatepopularpoliticalmovementsasterroristorganisations,andlabelingpeacefuldemonstrationsasterrorism,didnotsucceedinstoppingthepeacefulprotests.“Itwasonlyapreludetoashoot-to-killpolicyondemonstrators,”thestatementpublishedbystatenewsagencyQNAsaid.Itsaidthat“inclusivedialogue”betweenallsideswastheonlysolutiontoEgypt’scrisis.OnFriday,17peoplewereshotdeadassupportersoftheBrotherhoodclashedwithpoliceacrossEgypt,defyingawideningstatecrackdownonthemovementthatruledthecountryuntilsixmonthsago.Islamistsopposedtothearmy’soverthrowofMursihavebeenholdingdailydemonstrationsformonths.UPDATE2-EgyptsummonsQatarienvoyaftercriticismsofcrackdown|Reutershttps://www.reuters.com/article/egypt-brotherhood-qatar/update-2-egypt-…...
Annex 105
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Lastweek,Egypt’sgeneralprosecutordetainedseveraljournalistsfor15daysforbroadcastinggraphicsonAlJazeera,allegingthattheydamagedEgypt’sreputation.InaninterviewwithEgypt’snewspaperAl-MasryAl-YouminNovember,ForeignMinisterNabilFahmisaidAlJazeerawasoneofthereasonsforworseningtiesbetweenthetwostates.EgyptexpelledtheTurkishambassadorinNovemberafteritaccusedAnkaraofbackingorganisationsbentonunderminingthecountry-anapparentreferencetotheBrotherhood.AconservativeestimateputsthedeathtollsinceMursi’sfallatwellover1,500people,mainlyBrotherhoodsupporters.About400policeandsoldiershavebeenkilledinbombingsandshootings.(WritingbyRaniaElGamalinDubaiandAsmaAlsharifinCairo;editingbyRalphBoultonandAlisterDoyle)OurStandards:TheThomsonReutersTrustPrinciples.MOREFROMREUTERSUPDATE2-EgyptsummonsQatarienvoyaftercriticismsofcrackdown|Reutershttps://www.reuters.com/article/egypt-brotherhood-qatar/update-2-egypt-…...
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E. Dickinson, “How Qatar Lost the Middle East”, Foreign Policy,
5 March 2014
Available at http://foreignpolicy.com/2014/03/05/how-qatar-lost-the-middle-east/
2143
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Annex 106
2145
2146
Annex 106
Annex 107
“UAE Cabinet Approves List of Designated Terrorist Organisations,
Groups”, Emirates News Agency, 16 November 2014
Available at http://wam.ae/en/details/1395272478814
2147
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Annex 107
2149
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Annex 107
Annex 108
“Islamic State: Egyptian Christians held in Libya ‘killed’”,
BBC, 15 February 2015
Available at https://www.bbc.co.uk/news/world-31481797
2151
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15February2015WIslamicState:EgyptianChristiansheldinLibya'killed'Avideohasemergedapparentlyshowingthebeheadingsof21EgyptianChristianswhohadbeenkidnappedbyIslamicState(IS)militantsinLibya.Thefootageshowsagroupwearingorangeoverallsbeingforcedtothegroundandthendecapitated.HomeUKWorldBusinessPoliticsTechScienceHealthWorldAfricaAsiaAustraliaEuropeLatinAmericaMiddleEastEPAHomeNewsSportWeatheriPlayerSoundsIslamicState:EgyptianChristiansheldinLibya'killed'-BBCNewshttps://www.bbc.co.uk/news/world-31481797
Annex 108
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PresidentAbdelFattahal-SisihassaidEgyptreservestherighttorespondinanywayitseesfit.ISmilitantsclaimtohavecarriedoutseveralattacksinLibya,whichisineffectwithoutagovernment.However,withmanyarmedgroupsoperatinginLibya,itisnotclearhowmuchpowerISactuallywields.NationalmourningThekidnappedEgyptianworkers,allCopticChristians,wereseizedinDecemberandJanuaryfromthecoastaltownofSirteineasternLibya,nowunderthecontrolofIslamistgroups.ThevideoofthebeheadingswaspostedonlinebyLibyanjihadistswhopledgeloyaltytoIS.Acaptionmadeitclearthemenweretargetedbecauseoftheirfaith."Egyptandthewholeworldareinafiercebattlewithextremistgroupscarryingextremistideologyandsharingthesamegoals,"PresidentSisisaid.Thebeheadingsweredescribedas"barbaric"byal-Azhar,thehighlyregardedtheologicalinstitutionwhichisbasedinEgypt.TheCopticchurchsaiditwas"confident"Egyptwouldexactretribution.Egypthasdeclaredsevendaysofnationalmourning.Libyahasbeeninturmoilsince2011andtheoverthrowofitsthen-leader,ColMuammarGaddafi.Sincethen,numerousothermilitiagroupshavebattledforcontrol.TheheadoftheUSDefenseIntelligenceAgencywarnedlastmonththatISwasassembling"agrowinginternationalfootprintthatincludesungovernedandunder-governedareas",includingLibya.Analysis-OrlaGuerin,BBCNews,CairoThefive-minutevideoshowshostagesinorangejumpsuitsbeingmarchedalongabeach,eachaccompaniedbyamaskedmilitant.Themenaremadetokneelbeforetheyaresimultaneouslybeheaded.MostwerefromapoorvillageinUpperEgyptwheresomerelativesfaintedonhearingthenews.Acaptionaccompanyingthevideomadeitclearthehostagesweretargetedbecauseoftheirfaith.Itreferredtothevictimsas"peopleofthecross,followersofthehostileEgyptianchurch".There'sspeculationherethatEgyptmaynowconsiderairstrikesacrosstheborder.PresidentAbdelFattahal-SisihassaidinthepastthatmilitantsinLibyaareadangernotjusttoEgypt,butalsototheMiddleEast.IslamicState:EgyptianChristiansheldinLibya'killed'-BBCNewshttps://www.bbc.co.uk/news/world-31481797
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RivalgovernmentsLibyahastworivalgovernments,onebasedinTripoli,theotherinTobruk.Meanwhile,theeasterncityofBenghazi,headquartersofthe2011revolution,islargelyinthehandsofIslamistfighters,somewithlinkstoal-Qaeda.OnSunday,ItalycloseditsembassyinTripoli.Italy,theformercolonialpower,lieslessthan500miles(750km)fromLibyaattheshortestseacrossingpoint.ItalianPremierMatteoRenzihasbeencallingfortheUNtointerveneinLibya.ThousandsofmigrantsusetheLibyancoastasastartingpointtofleetheviolenceandattempttoreachtheEU.UKForeignSecretaryPhilipHammondcondemnedthebeheadings."SuchbarbaricactsstrengthenourdeterminationtoworkwithourpartnerstocountertheexpandingterroristthreattoLibyaandtheregion,"hesaid.OnSunday,PresidentSisibannedalltraveltoLibyabyEgyptiancitizens.DespitetheturmoilinLibya,thousandsofEgyptiansgotothecountrylookingforwork.TherehadbeendemonstrationsinEgyptcallingonthegovernmenttodomoretosecurethereleaseofthoseheld.RelatedTopicsIslamicStategroupEgyptLibyaSharethisstoryAboutsharing5WIslamicState:EgyptianChristiansheldinLibya'killed'-BBCNewshttps://www.bbc.co.uk/news/world-31481797
Annex 109
T. Kamal, “Thousands Mourn Egyptian Victims of Islamic State
in Disbelief”, Reuters, 16 February 2015
Available at https://uk.reuters.com/article/uk-mideast-crisis-egypt-village/
thousands-mourn-egyptian-victims-of-islamic-State-in-disbelief-id
UKKBN0LK1L420150216
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Annex 109
Annex 109
2157
2158
Annex 109
Annex 109
2159
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Annex 110
J. Malsin and C. Stephen, “Egyptian Air Strikes in Libya Kill Dozens
of Isis Militants”, The Guardian, 17 February 2015
Available at https://www.theguardian.com/world/2015/feb/16/egypt-air-
strikes-target-isis-weapons-stockpiles-libya
2161
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Annex 110
Annex 110
2163
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Annex 110
Annex 111
“Al-Nusra Leader Jolani Announces Split from al-Qaeda”,
Al Jazeera, 29 July 2016
Available at http://www.aljazeera.com/news/2016/07/al-nusra-leader-
jolani-announces-split-al-qaeda-160728163725624
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Annex 111
2167
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Annex 112
R. al-Nu’aymi (@binomeir), Twitter, 14 December 2016, 05:08 a.m.
(English translation, Arabic original)
Available at https://twitter.com/binomeir/status/809022288905535488
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10/3/ د.عبدالرحمن بن عمیر 2018 on Twitter: "......... " …وكفا صیاحاً ونواحاً #حلب
https://twitter.com/binomeir/status/8090222889055354881/1د.عبدالرحمن بن عمير@binomeirمواطن قطري / دكتوراه في التاريخ واستاذ في جامعة قطر سابقا / عضو
مؤسس لمنظمة الكرامة لحقوق
الحملة العالمية 􀾘􀽬 ان / امين 􀸲 ن􀽤􀾌 ا
لمقاومة العدوان
QatarJoined March 2011© 2018 TwitterAbout Help CenterTerms Privacy policyCookies Ads infoHomeMomentsSearch TwitterHave an account? Log innمير@biيخ وضوةQJnمي
ضةQJn12 Retweets5 Likes د.عبدالرحمن بن عمير
@binomeir.........وكفا صياحاً ونواح اً
#حلب
5:08 AM - 14 Dec 2016Follow 1 125© 2018 Twitter About Help Center Terms Privacy policy Cookies Ads info
Annex 112
2171
Dr. Abdul Rahman bin Omeir@binomeir Stop shouting and bemoaning…#Aleppo 5:08 AM - 14 Dec 201612 Retweets 5 LikesIt is reasonable that any people or nation which wants to scorea victory, push away its enemy and protect its sanctities,needs weapon and men.In simple words, our brothers in Syria and Iraq are in need of weapon and men.The Muslim countries can either provide them with weapon and men, just as the US, Russia, Iran, Iraq, and Lebanon do with their Nusairiand Shiite allies; or at least open the door for the people to offer support by means of money and men to make this religiontriumph,and safeguard the land and honor.If a Muslim fightermust be patient and perseverantin battle fronts, the nation and people, with the clergymenon top of them, have a duty to demand their governments, and exercise pressure on them,to satisfy the needs of the Muslim fighters in terms of equipment, men, and money; so that the nation's sacred belongings cannot be intruded on, the nation enemy's desire to possess, defeat, subjugate such nationcan be prevented, and for the sake of not having a nation that finds subservienceand disgrace pleasing.So, we have to get togetherto fulfill our duty.Stop shouting and bemoaning…
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Annex 113
A. Tamimi, “Hamas’ Political Document: What to Expect”,
Al Jazeera, 1 May 2017
Available at https://www.aljazeera.com/indepth/features/2017/04/
hamas-political-document-expect-170430100247543.html
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Annex 113
Annex 113
2175
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Annex 113
Annex 114
D. McElroy, “Qatar’s Top Terror Suspect Hosts Prime Minister
at Wedding”, The National, 17 April 2018
Available at https://www.thenational.ae/world/qatar-s-top-terror-suspect-
hosts-prime-minister-at-wedding-1.722398
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Annex 114
Annex 114
2179
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Annex 115
“Qatar Says ‘No Hypocrisy’, Admits to PM Attending
Wedding of Terrorist’s Son”, Al Arabiya, 22 April 2018
Available at https://english.alarabiya.net/en/News/gulf/2018/04/22/
Qatar-says-no-hypocrisy-admits-to-PM-attending-wedding-of
-terrorist-s-son-.html
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Annex 115
Annex 115
2183
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Annex 116
“Qatar Must Improve Relations with Neighbors, Desist from
Backing up Extremism, Terrorism, Regional Destabilization,
Saudi Ambassador to UK Says”, Saudi Press Agency,
25 April 2018
Available at https://www.spa.gov.sa/1756484
2185
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Annex 116
Annex 117
J. Warrick, “Hacked Messages Show Qatar Appearing to Pay
Hundreds of Millions to Free Hostages”, The Washington Post,
28 April 2018
Available at https://www.washingtonpost.com/world/national-security/
hacked-messages-show-qatar-appearing-to-pay-hundreds-of-millions-to-free-hostages/2018/04/27/46759ce2-3f41-11e8-974f-aacd97698cef_story.html?
utm_term=.1b02c34ca651
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Annex 117
Annex 117
2189
2190
Annex 117
Annex 117
2191
2192
Annex 117
Annex 117
2193
2194
Annex 117
Annex 118
“Amir Hosts Iftar banquet for scholars, judges and imams”,
Gulf Times, 30 May 2018
Available at https://www.gulf-times.com/story/594565/
Amir-hosts-Iftar-banquet-for-scholars-judges-and-i
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Amir hosts Iftar banquet for scholars, judges and imamshttps://www.gulftimes.com/story/594565/AmirhostsIftarbanquetforscholars… hosts Iftar banquet for scholars, judges and imamsMay 30201811:43 PMHis Highness the Amir Sheikh Tamim bin Hamad alThani on Wednesday hosted an Iftar banquet in honour of scholars, judges, imams and religious leaders on the occasion of theholy month of Ramadan.The banquet, held at the Amiri Diwan, was attended by His Highness the Personal Representative of the Amir Sheikh Jassim bin Hamad alThani.Amir hosts Iftar banquet for scholars, judges and imams4.6 StarsDoha
Annex 119
D. McElroy, “US Advisers Quit Qatar Role as Emir Dines
with Muslim Brotherhood Leader”, The National, 7 June 2018
Available at https://www.thenational.ae/world/gcc/us-advisers-quit-qatar-
role-as-emir-dines-with-muslim-brotherhood-leader-1.737981
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Annex 119
Annex 119
2199
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Annex 120
P. Wood, “‘Billion Dollar Ransom’: Did Qatar Pay Record Sum?”,
BBC, 17 July 2018
Available at https://www.bbc.com/news/world-middle-east-44660369
2201
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Annex 120
Annex 120
2203
2204
Annex 120
Annex 120
2205
2206
Annex 120
Annex 120
2207
2208
Annex 120
Annex 120
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Annex 120
Annex 120
2211
2212
Annex 120
Annex 121
“Hacked Phone Messages Shed Light on Massive Payoff that
Ended Iraqi Hostage Affair”, The Washington Post, Undated
Available at https://www.washingtonpost.com/apps/g/page/world/
hacked-phone-messages-shed-light-on-massive-payoff-that-ended-
iraqi-hostage-affair/2303/?tid=a_inl-amp
2213
2214
Annex 121
Annex 121
2215
2216
Annex 121
Annex 121
2217
2218
Annex 121
Annex 121
2219
2220
Annex 122
R. I. R. Abeyratne, “Law Making and Decision Making Powers
of the ICAO Council – A Critical Analysis”, (1992) 41
Zeitschrift für Luft- und Weltraumrecht 387
2221
2222
Annex 122
Annex 122
2223
2224
Annex 122
Annex 122
2225
2226
Annex 122
Annex 122
2227
2228
Annex 122
Annex 122
2229
2230
Annex 123
J. Bae, “Review of the Dispute Settlement Mechanism Under
the International Civil Aviation Organization: Contradiction of
Political Body Adjudication”,
(2013) 4(1) Journal of International Dispute Settlement 65
2231
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JournalofInternationalDisputeSettlement,Vol.4,No.1(2013),pp.65–81doi:10.1093/jnlids/ids017PublishedAdvanceAccessOctober19,2012ReviewoftheDisputeSettlementMechanismUndertheInternationalCivilAviationOrganization:ContradictionofPoliticalBodyAdjudicationJONBAE*ChapterXVIIIofthe1944ChicagoConventionempoweredtheCounciloftheInternationalCivilAviationOrganizationtodecideuponanydisputeconcerningtheinterpretationoftheConvention.TheICAOCouncil,however,isinessenceapoliticalandpolicy-settingbodycomposedof36representativesofthecontractingStatesinsteadofjurists.ThisarticleexamineshowthisstructuralflawintheCouncil’sdesignhasmadeitunwillingandunabletoadjudicateonthemeritsofadispute,andhowithasstillfacilitatedtheresolutionofinter-Stateconflictsbymeansotherthanadjudication.Ontheonehand,whenfocusedonthe‘narrower’aspectofitsarbitralmandateunderChapterXVIIIoftheChicagoConvention,theCouncilhaslargelyfailedtoliveuptotheearlyexpectations.Ontheotherhand,whenlookingatthe‘broader’objectiveofresolvinginter-Stateconflicts,theCouncilhasperformedsatisfactorily.Basedontheseobservations,thisarticlewillgoontodiscusstheprospectsfordisputingcontractingStatesunderthecurrentdisputesettlementmechanismoftheChicagoConvention,andalsowhatwouldconstituteabetterregimefortheresolutionofinternationalaviationdisputes.1.IntroductionAcontroversyhasarisenduetothedecisionbytheEuropeanUnion(EU)toincludetheinternationalaviationsectorinitsEmissionTradingScheme(EU-ETS)fromJanuary2012:non-EUairlinesandStatesarenowlookingtotheInternationalCivilAviationOrganization(ICAO)asapotentialforumtoresolvethedispute.1The1944ConventiononInternationalCivilAviation(the‘ChicagoConvention’)2grantstheICAOCouncil,composedofrepresentativesof36ofthecontractingStates,thepowertodecideuponany*PhD(KoreaUniversity),LLM(EdinburghUniversity).Email:[email protected]-GabPark,memberoftheInternationalLawCommission,forconstantsupportandencouragement.Theviewsinthisarticlearesolelyoftheauthor,nottospeakofanyerrortherein.1DominicWelling,ACICallsforICAOtoInterferewithEUETSAirportWorld(2November2011)<http://airport-world.com/news-articles/item/1132-aci-calls-for-icao-to-….TheAuthor2012.PublishedbyOxfordUniversityPress.Allrightsreserved.Forpermissions,pleasee-mail:[email protected] from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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disputeconcerningtheinterpretationoftheConvention.3ChapterXVIII(Articles84–88)oftheConventionprescribesstringentsanctionsagainstanynon-complyingairlinesorcontractingStates.4AnumberofbilateralaviationtreatiesalsodesignatetheICAOCouncilastheiradjudicativeoradvisorybodytodealwithsuchpotentialdisputesasthoseconcerningroutes,rates,capacityandfrequency.Inadditiontothesequasi-judicialmandates,thegoverningbodyoftheICAOissupposedtodealwithanyinter-Stateconflictoneitherexplicitorimplicitgrounds.Atitsinception,theICAO’sdisputesettlementmechanismwashailedasthefirstmajorincorporationofarbitrationintothefieldofinternationalconven-tions5andalandmarkinthehistoryofinternationalarbitration.6However,suchhighexpectationsgraduallyturnedintomixedornegativereviews.WhiledefendersoftheCouncil’sroleinconflictresolutionstillexist,7themajorityopinionseemstobethattheICAOCouncilhasbeenineffectiveincarryingoutitsquasi-judicialfunctions.8Mindfulofsuchapparentlycontrastingevalu-ations,thisarticlewillattempttomakeabalancedcritiqueoftheICAOCouncil’sperformance.Ontheonehand,whenfocusedonthe‘narrower’aspectofitsarbitralmandateunderChapterXVIIIoftheChicagoConvention,theCouncilhaslargelyfailedtoliveuptotheearlyexpectations.Ontheotherhand,whenlookingatthe‘broader’objectiveofresolvinginter-Stateconflicts,theCouncilhasperformedquitesatisfactorily.ThisarticlewillexaminehowtheflawsintheCouncil’sdesignhavemadeitunwillingandunabletoadjudicateonthemeritsofadispute,whatactionsithastakentodealwithsuchdefectsoverthepastsixdecades,andhowithasstillfacilitatedtheresolutionofinter-StateconflictsbymeansotherthanthoseofChapterXVIII.Basedontheseobservations,thisarticlewillgoontodiscusstheprospectsfordisputingcontractingStatesunderthecurrentdisputesettlementmechanismoftheChicagoConvention,bearinginmindtheEU-ETScontroversy,andalsowhatwouldconstituteabetterregimefortheresolutionofinternationalaviationdisputes.Adispute,themostwidelyusedterminthisarticle,canbedefinedas‘adisagreementonapointoflaworfact,aconflictoflegalviewsorofinterestsbetweentwopersons’.9ThisbroaddefinitionbythePermanentCourtofInternationalJustice(PCIJ)mayencompasssuchtermsas‘disagreement’10or‘differences’11usedintheChicagoConventionanditsassociatedinstruments,3JacobSchenkman,InternationalCivilAviationOrganization(Geneva:H.Studer,1955)160.4Arts87and88oftheChicagoConvention.ProfessorSchenkmanviewedthisattributionofsanctioningpowertotheICAOCouncilasunprecedented.Idat162.5JohnCCooper,‘NewProblemsinInternationalCivilAviationArbitrationProcedures’(1947)2ArbJ119.6MartinDomke,‘InternationalCivilAviationSetsNewPattern’(1945)1Int’lArbJ20.7RichardNGariepyandDaivdLBotsford,‘TheEffectivenessoftheInternationalCivilAviationOrganization’sAdjudicatoryMachinery’(1976)42AirL&Com351;GRichardShell,‘TradeLegalismandInternationalRelationsTheory:AnAnalysisoftheWorldTradeOrganization’(1995)44DukeLJ849,866.8GabrielSSanchez,‘TheImpotenceoftheChicagoConvention’sDisputeSettlementProvisions’(2010)10IssuesinAviationLawandPolicy27.9MavrommatisPalestineConcessionsCase(GreecevGreatBritain),Judgmentof30August1924,1924PCIJRepSeriesANo2at11.10Art84oftheChicagoConvention,Art34ofthe1919ParisConvention.11Art3oftheInterimAgreementonInternationalCivilAviation;provisionsofICAOCouncil’sRulesofProceduresfortheSettlementofDifferencesbetweenContractingStates(ICAODoc7782/2).JournalofInternationalDisputeSettlement66Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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fortheyrelatetotheapplicationorinterpretationoftheinstruments.Dependingonthecontext,thisarticlealsoreferstoconflictsorcontroversyespeciallywhentryingtocoverinstanceswherealegalclaimhasyettobemadeorformulated.122.TheICAOCouncilasanArbitralBody:Origin,ExpectationsandExpansionThe1919ParisConvention,13thepredecessortothe1944ChicagoConvention,authorizedtheInternationalCommissionforAirNavigation(ICAN)14todealonlywithanydisagreementconcerningitsannexes,whileleavingConvention-relateddisputestothePCIJ.15Withthebenefitofhindsight,suchadivisionofjurisdictionbasedonthenatureofadisputeseemsfairandappropriate.16ICAN’sregulatorypowerundertheParisConventionwasconfinedtothe‘technical’regulationsannexedtotheConvention,whileany‘legal’differencesconcerningtheinterpretationoftheConventionwerebestlefttotheadjudicationofthePCIJ.AttheChicagoConferencein1944,thedistinctionbetweenlegalandtechnicaldisputeswasomittedattheinitialstageofthenegotiations;theCanadianproposalprovidedforthesubmissionofanydisputedirectlytothePCIJ,17andtheUSdraftconventionreferredtotheExecutiveCouncilasthecompetentbodyfordeterminingsuchdisputes.18WiththeexpresssupportoftheUKandFrance,19theUSproposalforcompulsoryarbitrationundertheCouncilwasmorecloselyfollowedwiththeadditionofabuilt-inpossibilityofappealtothePCIJ.20Article84oftheChicagoConventionthusreads:IfanydisagreementbetweentwoormorecontractingStatesrelatingtotheinterpretationorapplicationofthisConventionanditsAnnexescannotbesettledbynegotiation,itshall,ontheapplicationofanyStateconcernedinthe12Forthedefinitionofaconflict,seeDictionaryofConflictResolution(1999)<http://www.credoreference.com/entry/wileyconfres/dispute>accessed10Octo…‘InthecaseofadisagreementbetweentwoormoreStatesrelatingtotheinterpretationofthepresentConvention,thequestionindisputeshallbedeterminedbythePermanentCourtofInternationalJusticetobeestablishedbytheLeagueofNations,and,untilitsestablishment,byarbitration....DisagreementrelatingtothetechnicalregulationsannexedtothepresentConventionshallbesettledbythedecisionoftheInternationalCommissionforAirNavigationbyamajorityofvotes...’16MichaelMilde,InternationalAirLawandICAO(Utrecht:ElevenInternationalPublishing,2008)183.17ArtXLIIIoftheCanadianRevisedPreliminaryDraftofanInternationalAirConvention:‘(1)IncaseofanydisagreementbetweentwoormorememberstatesrelatingtotheinterpretationorapplicationofthepresentConvention,themattershallbereferredtothePermanentCourtofInternationalJustice,providedthat,ifanyoneofthestatesconcernedhasnotassentedtotheStatuteoftheCourtthemattershall,onthedemandofsuchstate,besettledbyarbitration...’U.S.DepartmentofState,ProceedingsoftheInternationalCivilAviationConference,Chicago,Illinois,Nov.1toDec.7,1944(Washington,1948)(Doc50),587.18Art26ofUSProposalofaConventiononAirNavigation:‘InthecaseofadisagreementbetweentwoormoreStatesrelatingtotheinterpretationofthisConventionoranyofitsAnnexesthequestionindisputeshallbedeterminedbyamajorityofthetotalpossiblevotesofthemembersoftheExecutiveCouncil...IntheeventthatanystateapartytothisConventionshouldbedissatisfiedwiththedecisionoftheExecutiveCouncilthequestionindisputemaybeappealedbysuchstate...totheChamberforSummaryProcedureofthePermanentCourtofInternationalJusticeorarbitrationmaybedemanded...’(Doc16)ibidat564.19VerbatimMinutesofJointPlenaryMeetingofCommittees,PartII:WorkoftheCommittees(ibidat472).20CommentaryontheDevelopmentoftheIndividualArticlesoftheConventiononInternationalAviation(ibidat1394).ReviewoftheICAODisputeSettlementMechanism67Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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disagreement,bedecidedbytheCouncil....AnycontractingStatemay,subjecttoArticle85,appealfromthedecisionoftheCounciltoanadhocarbitraltribunalagreeduponwiththeotherpartiestothedisputeortothePermanentCourtofInternationalJustice....ThetravauxpreparatoiresoftheChicagoConferencedidnotfurtherelaborateontherationalebehindtheenhancedroleoftheCouncilinthisquasi-judicialassignment.InadditiontotheUnitedState’sfailuretoratifythePCIJStatute,itcanbeinferredthattheparticipantsattheChicagoConferenceenvisagedaninternationalaviationbodywithgreaterauthority,bothlegislativeandjudicial,inthetechnicalandspecializedfieldofaviation.21TheremusthavebeenalsoanassumptionamongthedraftersthattheChicagoConventionwasa‘self-containedcorpusofpublicinternationalairlaw’22andthataCouncilcomposedofaviationexpertsandprofessionalswouldbebetterabletodealwithdisputesinaneffectiveandexpedientmanner.Inaparalleldevelopment,thesideagreementsadoptedattheChicagoConference,notablytheTransitAgreement23andtheTransportAgreement,24reproducedthelanguagesofChapterVIIIoftheConvention.Asaresult,atleastinthewordingoftheConvention,theICAOCouncilstandsoutfromotherexecutivebodiesofinternationalorganizationsinassumingajudicialroleaswellaswiderrule-makingduties.25TheuntestedideaoftheCouncilactingasanarbitralbodyquicklydevelopedintoawidelyheldexpectation,promptingstepstopreparetheInterimCounciltohandleanypotentialsubmissionofadispute,eventhoseonesoutsidethescopeoftheChicagoConvention.The1944InterimAgreementonInternationalCivilAviationexplicitlyempoweredtheCounciltoaddress‘anydifferencesarisingamongmemberStatesrelatingtointerna-tionalcivilaviationmatters’.26TheextendedmandatewasendorsedandduplicatedatthefirstICAOGeneralAssembly(1947)initsResolutionA1-23.27By1947,anumberofearlypostwarbilateralaviationagreementshadalreadystarteddesignatingtheICAOCouncilastheirdisputesettlementbody,21Forinstance,Mr.SteenbergheoftheNetherlandsDelegationstated‘wewillhavecreatedaninternationalbodywhich...canassistinsolvingproblemsanddisputes’VerbatimMinutesofJointPlenaryMeetingofCommitteesI,III,andIV(ibidat.455).22MichaelMilde,‘TheChicagoConvention–AreMajorAmendmentsNecessaryorDesirable50YearsLater?’(1994)19,XIXAnnalsAir&SpaceL402.23InternationalAirServicesAgreementUNTS389(1951).24InternationalAirTransportAgreementUNTS387(1953).25JoseAlvarez,InternationalOrganizationsasLawMakers(OxfordUniversityPress2005)447–50.26ArtIIIs6(8)oftheInterimAgreementonInternationalCivilAviationprovides:‘Whenexpresslyrequestedbyallthepartiesconcerned,theInterimCouncil...actasanarbitralbodyonanydifferencesarisingamongMemberStatesrelatingtointernationalcivilaviationmatterswhichmaybesubmittedtoit.TheCouncilmayrenderanadvisoryreportor,ifthepartiesconcernedsoexpresslydecide,theymayobligatethemselvesinadvancetoacceptthedecisionoftheCouncil....’27Initsoperativepart,theICAOGeneralAssemblyResolutionA1-23states:‘(1)ThatpendingfurtherdiscussionandultimatedecisionbytheOrganizationastothemethodsofdealingwithinternationaldisputesinthefieldofcivilaviation,theCouncilbeauthorizedtoactasanarbitralpartyonanydifferencesarisingamongcontractingStatesrelatingtointernationalcivilaviationmatterssubmittedtoit,whenexpresslyrequestedtodosobyallpartiestosuchdifferences,(2)ThattheCouncilmayrenderanadvisoryreportor,ifthepartiesconcernedsoexpresslydecide,theymayobligatethemselvesinadvancetoacceptthedecisionoftheCouncil....’JournalofInternationalDisputeSettlement68Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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modelingthemselvesaftertheUS–UKbilateralaviationagreementcommonlycalledthe1946BermudaIAgreement.28Inadditiontothesaidformaljudicialmandates,theChicagoConventionobligestheCounciltoreportanyinfractionsoftheChicagoConventiontotheGeneralAssemblyandtoconsideranymatterrelatingtotheConventionreferredtoitbyanycontractingState.29Also,attherequestofanycontractingState,itmayinvestigateanysituationwhichmayposeanobstacletothedevelopmentofinternationalairnavigation.30Aswillbeshownlater,theCouncilhasaddressedinter-Stateconflictsbymeansofmediationandfact-finding,butoccasionallywithoutthesolidandexplicitlegalgroundssuchauthorityisbasedupon.Insummary,theICAOCouncilhasthreehatswhichitcanwearaddressinginter-Stateconflictswithdifferentproceduresandend-productsasfollows.LegalBasis(Delegation)ChapterVIIIChicagoConventionBilateralAviationAgreementsArticle54orImpliedPowersunderChicagoConventionSubjectLegalDispute(InterpretationandApplicationoftheConvention:RightofOver-flight,NoiseStandards,etc.)AnyDisputerelatingtoBilateralAgreements(includingRoutes,Fares,Frequency,Capacity)AnyMatteraContractingStatereferstotheCouncilNatureandMethodsJudicial/ArbitrationJudicial/ArbitrationPolitical/Fact-Finding/MediationProceduresRulesofProceduresforSettlementofDifferencesAdhocRulesGeneralCouncilRulesofProcedureUltimateResultBindingDecisionDecision,RecommendationDeclaration,Resolution,DecisionPerformanceEvaluationPoorNoneSatisfactory28AirServiceAgreementbetweentheUnitedStatesofAmericaandtheUnitedKingdomofGreatBritainandNorthernIrelandsignedatBermudaon11February1946.Art9ofthisAgreementstipulates:‘ExceptasotherwiseprovidedinthisAgreementorinitsAnnex,anydisputebetweentheContractingPartiesrelatingtotheinterpretationorapplicationofthisAgreementoritsAnnexwhichcannotbesettledthroughconsultationshallbereferredforanadvisoryreporttotheInterimCounciloftheProvisionalInternationalCivilAviationOrganization...oritssuccessor.’29Art54(MandatoryfunctionsofCouncil):TheCouncilshall:...(j)ReporttocontractingStatesanyinfractionofthisConvention,aswellasanyfailuretocarryoutrecommendationsordeterminationsoftheCouncil;...(n)ConsideranymatterrelatingtotheConventionwhichanycontractingStatereferstoit.30Art55(PermissivefunctionsofCouncil):TheCouncilmay...(e)Investigate,attherequestofanycontractingState,anysituationwhichmayappeartopresentavoidableobstaclestothedevelopmentofinternationalairnavigation;and,aftersuchinvestigation,issuesuchreportsasmayappeartoitdesirable.ReviewoftheICAODisputeSettlementMechanism69Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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Atthetimeofwriting,theusagerateoftheCouncilasadisputeresolutionforumhasbeenfairlylow,especiallyunderitsjudicialmandates:therehavebeenfivecasesunderChapterVIII,noneunderanybilateralaviationagreements,andmorethanadozenunderArticle54orimpliedauthorities.However,eveninthefivedisputesunderArticle84oftheConvention,theCouncilhasnotissuedanydecisionsonthemeritsofthedisputes.3.StructuralDefects:Composition,CompetencyandOrientationThelowusageratealoneisnotnecessarilyevidenceoftheCouncil’sineffectivenessasadisputesettlementbody.DisputingcontractingStatesmightsimplyhavepreferreddiplomaticchannelstooftenlengthyandcostlythird-partyadjudication.31However,thegradualshiftfromtheICAOCounciltoadhocarbitrationasachoiceofdisputesettlementunderrecentbilateralaviationagreements32unequivocallyindicatestheloweredexpectationsoftheCouncilonthepartofcontractingStates.33ThemostfrequentlyciteddeficiencyistheCouncil’slackofjudicialindependence,acrucialelementinupholdingthelegitimacyofadjudicativebodies,bothinternationalanddomestic.34Justasonthedomesticplane,therequirementforjudicialindependenceandimpartialityarecommonlyenshrinedintheprovisionsgoverningtheproceduresofinternationaltribunalsaswellasthequalificationsofjudgesorarbitrators.Anarbitratormaybechallengedwhentherearejustifiabledoubtsastohisorherindependenceorimpartiality.35Forexample,theWTO’sdisputesettlementrulesspecificallyforbidmemberStatestoinstructorinfluencepanelistsonpendingmatters.36InthecontextoftheChicagoConvention,thiscouldhavebeentranslatedintoimposingadutyonCouncilmemberstodeliberateintheirpersonalcapacityandthusnottobesusceptibletoexternalpressure,evenfromtheirhomegovernments.ProfessorBinChengmaintainsinasimilarveinthatCouncilrepresentativesshouldsitasneutralandunbiasedjudgeswhenfulfillingtheirmissionunderChapterVIIII.37However,thereisnoexplicitprovisiontothateffectintheConvention.Article50merelystipulatesthatnoCouncilmembermaybeactivelyassociatedwith,orfinanciallyinterestedin,anyairserviceoperation.38Morefundamentally,theICAOCounciliscomposedof31ThomasBuergenthal,SettlementofInternationalCivilAviationDisputesbyICAO(HarvardLawLibrary1966)2;GariepyandBotsford(n7)357–8.32PaulStephenDempsey,‘FlightsofFancyandFlightsofFury:ArbitrationandAdjudicationofCommercialandPoliticalDisputesinInternationalAviation’(2004)32GeorgiaJInt’lCompL69.33DimitriManiatis,‘ConflictintheSkies:TheSettlementofInternationalAviationDisputes’(1995)XXIIAnnAir&SpaceL201,203.34RuthMackenzieandPhillippeSands,‘InternationalCourtsandTribunalsandtheIndependenceoftheInternationalJudge’(2003)44HarvInt’lLJ272.35Forinstance,Art12(1)oftheUNCITRALArbitrationRules(asrevisedin2010)stipulates:‘Anyarbitratormaybechallengedifcircumstancesexistthatgiverisetojustifiabledoubtsastothearbitrator’simpartialityorindependence.’36Art8(9)ofWTOUnderstandingonRulesandProceduresGoverningtheSettlementofDisputesreads:‘Panelistsshallserveintheirindividualcapacitiesandnotasgovernmentrepresentatives,norasrepresentativesofanyorganization.Membersshallthereforenotgivetheminstructionsnorseektoinfluencethemasindividualswithregardtomattersbeforeapanel.’37BinCheng,LawofInternationalAirTransport(Stevens1961)101.38Art50(c)oftheChicagoConvention:‘NorepresentativeofacontractingStateontheCouncilshallbeactivelyassociatedwiththeoperationofaninternationalairserviceorfinanciallyinterestedinsuchaservice.’JournalofInternationalDisputeSettlement70Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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contractingStates,asopposedtoindividualsintheirpersonalcapacity,electedbytheGeneralAssembly.39IndividualmembersoftheCouncilarecalled‘representatives’oftheirsovereignStatestotheCouncil.40Boundbytheinstructionsoftheirhomegovernments,thoserepresentativesessentiallyspeakonbehalfoftheirStatesandthuscannotclaimtohavefullindependence.41Asanillustration,theMinutesoftheCouncildeliberationonPakistanvIndiainJuly1971depictsanoddmomentwhenafewCouncilmembersdidnotevenbothertopretendtobeindependent,requestingadelayofthevotependingthereceiptofinstructionsfromtheirhomegovernments.42Inprinciple,theCouncil’sapparentlackofjudicialindependencecontradictsitsroleasaneutralandunbiasedarbiter.Inpractice,however,theCouncilhasnotundergoneanyseriouscriticismofitsimpartialitycausedbytheabsenceofjudicialindependence.ThisispartlyduetothefactthatmostofthedisputesbeforetheCouncilhavebeenofsuchalocalizedorbilateralnaturethattheCouncilcouldbeseenasneutraltoanacceptabledegree.Furthermore,thegovernmentsontheCouncilandtheirrepresentativesmaynotbehaveincompletedisregardoflegalandpoliticalconstraints.Anydecisionsmustbebuttressedbysoundarguments,notonlyintheCouncilchamberbutalsoeventuallyintermsofpublicjustification.Theproceduresenshrinedintherulesandsubsequentdeliberationsensuresomedegreeoflegitimacy.43ItisalsotheCouncilasawhole,asopposedtoitsindividualrepresentatives,thattakesadecision.44Assuch,theCouncilhastrieditsutmosttolookimpartialeveninpotentiallypolarizingconflictsinthepast.Ultimately,anymanifestlywrongdecisiononthepartoftheCouncilwouldclearlyinviteanappealtotheICJoranadhocarbitraltribunal,whichwouldlikelyoverruletheCouncil’sdecision,thusde-legitimizingit.Nonetheless,theconceptofjudicialinde-pendenceisintertwinedwiththelegitimacyofthewholedisputesettlementregime.AsProfessorFitzgeraldbluntlycalledit‘acontradictioninterms’,45aninternationalagencycomposedofgovernmentrepresentativescannotbeexpectedtomaintainjudicialdetachmentwhenconsideringanyissuesofrelevancetonationalinterests.46EquallyabsentintheICAOCouncilisjudicialcompetency,specificallytheabilityonthepartofCouncilrepresentatives,individuallyandcollectively,todeliverajudgmentthroughlegallysoundreasoninganddeliberation.InternationaltribunalssuchastheICJ,theInternationalTribunalfortheLawoftheSea,andtheInternationalCenterforSettlementofInvestmentDisputes(ICSID)requirejudgesorarbitratorstobewell-qualifiedwithrecognized39Art50(a)oftheChicagoConvention:‘...[TheCouncil]shallbecomposedofthirty-sixcontractingStateselectedbytheAssembly...’40Art50(c),forinstance,referstothemas‘representativeofacontractingState’andRulesofProcedurefortheCouncil(ICAODoc.7559/8,2007)mentions‘representatives’meaning‘apersondesignatedandauthorizedbyaMemberoftheCounciltoactontheCouncil,andholdingcredentialsasevidencethereof.’41GeraldFitzgerald,‘JudgmentoftheInternationalCourtofJusticeintheAppealRelatingtotheJurisdictionoftheICAOCouncil’(1974)12CanYBInt’L158,169.42ICAOCouncilMinutes74/6(29July1971).43IanJohnstone,‘LegislationandAdjudicationintheUNSecurityCouncil:BringingDowntheDeliberativeDeficit’(2008)102AJIL306.44RCHingorani,‘DisputeSettlementinInternationalAviation’(1959)14ArbJ14,21.45Fitzgerald(n41)169.46EWarner,‘TheChicagoAirConference’(1945)23ForeignAffairs406;Hingorani(n44)15.ReviewoftheICAODisputeSettlementMechanism71Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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competenceintherelevantfieldoflaw.Incontrast,theChicagoConventiondoesnotprescribeanyqualifications,nottomentionjudicialcompetency,forCouncilrepresentatives.AcredentialsignedonbehalfofacontractingStateconstitutesthesolerequirementforanindividualtobearepresentative.47Inotherwords,theselectionandtenureoftherepresentativesisentirelysubjecttothewhimoftheirowngovernments.GivenitsprimaryresponsibilityofsettingthepolicyobjectivesoftheICAO,theCouncilismainlycomposedofaviationbureaucratsanddiplomats,ratherthanjuristscapableofdeliveringcoherentjudicialdecisions.48Asacorollary,theyarenotsomuchinfluencedbylegaldiscourseasbypolitics.Moreover,withitscurrentsizeof36membersaswellastheabsenceofanyworkingprocedures,theCouncilcannotbeexpectedtocarryoutitsjudicialfunctionandrenderdecisionswhichthecontractingStateswouldperceivetobeentirelyrule-basedandjudiciallymeaningful,letalonebuildaconsistentbodyofjurisprudenceontheinterpretationandapplicationofinternationalaviationlaw.Intermsoforientation,theICAOCouncilmaybebestcharacterizedasan‘administrative’and‘political’organofsovereignStatesworkinginaparlia-mentarysetting.49AstheCouncil’sday-to-daydeliberationsareconductedinanassemblysetting,ambiguousandgenerallanguageisoftenpreferred.Admittedly,theICAOproveditsusefulnessbyaddressingwithexemplarydiplomaticdexterityseveralcontentiousissuessuchasthe2001Gazainternationalairportdestruction,the1983shootingdownofaKoreanairline,andthe1973Libyanairlineintervention.50ItsrecordsnonethelessindicatethattheCouncilhasbeengenerallyreluctanttobejudgmental,namely,topositivelydeterminethattherehasbeenaviolationoftheConventionandtoexpresslyidentifythecontractingStateinbreach.51Eveninthosecasesinvolvingtheshootingdownofcivilianaircraft,theCouncilwasoncenuanced,52merely‘deploring’thetragicincidents,andrefrainedfromdeterminingthattherehadbeenviolationsoftheChicagoConvention.53Furthermore,althoughtheCouncilisobligedunderArticle54(j)toreporttocontractingStatesanyinfractionoftheConventionand,failinganyappropriateaction,reportittotheICAOGeneralAssembly,54theAssemblyhasnotreceivedsuchreportsofar.47ICAO,RulesofProcedurefortheCouncil(Doc7559/8,2007)atSection1Rule2at3.48PaulStephenDempsey,‘TheRoleoftheInternationalCivilAviationOrganizationonDeregulation,Discrimination,andDisputeSettlement’(1987)52JAirL&Com529,568.49Hingorani(n44)20.50RuwantissaAbeyratne,‘TheRoleofDiplomacyinDisputeSettlementinCivilAviation’(2005)5Int’lJAppliedAviationStudies196,202.51SeeICAOCouncilC-WP/11186,10/1199(InfractionsoftheConventiononInternationalCivilAviation).TheCouncilhadmadeanexplicitdeterminationofviolationsoftheChicagoConventionsonlyin(i)theshootingdownofaLibyancivilianairlinerin1973,(ii)theSovietshootingdownofKAL007in1983,(iii)themilitaryinterceptionofaLibyanaircraftin1986,(iv)theshootingdownoftwoUSprivateaircraftsin1996.52Alvarez(n25)253.53ICAOCouncilResolutiononIranAirbusIncident(17March1989).54Art54(MandatoryfunctionsofCouncil)oftheChicagoConventionprovides:‘TheCouncilshall:...(j)ReporttocontractingStatesanyinfractionofthisConvention,aswellasanyfailuretocarryoutrecommendationsordeterminationsoftheCouncil;(k)ReporttotheAssemblyanyinfractionofthisConventionwhereacontractingStatehasfailedtotakeappropriateactionwithinareasonabletimeafternoticeoftheinfraction.’JournalofInternationalDisputeSettlement72Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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Inthefollowingsection,thearticlewillexaminethemajorcasesbeforetheCouncilandshowhowitslackofjudicialcompetencyandindependence,aswellasitspoliticalorientation,hasmadetheCouncilreluctant,ifnotunwilling,tomakerule-baseddecisions.ThesecaseswillbethencontrastedwiththeCouncil’sperformanceinresolvinginter-StateconflictsoutsideArticle84.4.TheICAOCouncil’sResponsetoDisputesunderArticle84andBeyondThefirstcasebeforetheCouncilunderChapterXVIIIconcernedPakistan’sprohibitionin1952oftheuseofcertainairspaceoverwhichIndianairlinesclaimedarightofover-flight.55DespitetheICAOGeneralAssembly’shurriedadoptionoftherelevantresolution(A1-23)atitsfirstsession,theCouncilstilldidnothavetherulesofprocedureforChapterXVIIIinplace,evenafterfiveyearsofoperation.Intheabsenceofproceduralrules,theCouncilhadtoconsidersimultaneouslywhatprocedurestotakeandhowtodeliberateonthemeritsofthecase.WorkingGroupswereestablished;inJuneof1952toconsultwitheachpartyonmattersofprocedure,56andtheninNovembertoexaminesubstantiveargumentsputforwardbytheparties.57TheNovemberWorkingGroupconcludedthatthepossibilitiesforanegotiatedresolutionhadnotbeenexhausted.58TheCouncilthenapprovedtheWorkingGroup’srecommenda-tionthatIndiaandPakistanberequestedtocontinuetheirnegotiationswithasettimelimitforreportingtotheCouncil.TheproceedingswerelaterdiscontinuedwhenIndiaacceptedPakistan’sofferofareducedno-flyzone.59FacedwiththisfirstcaseofadisagreementunderArticle84,theCouncilactedjustasithaddealtwithothermatters:delegatingthemattertoanadhocWorkingGroup.TheCouncilappearedneitherpreparednorconfidentofwhatroleitshouldplayunderArticle84.60PromptedbyIndiavPakistan,anotherWorkingGroupwastaskedin1952bytheCouncilwithdraftingtheRulesfortheSettlementofDifferencesbetweenContractingStates.TheDraftRuleswerereferredtotheICAOLegalCommitteeandfinallyadoptedbytheCouncilin1957.61Duringtheprocess,somelegalexpertspointedoutthe‘political’natureandmake-upoftheCouncil.However,theRulesweremodeledaftertheICJ’sproceduralrulesandrecommendationsoftheInternationalLawCommissioninthe1952DraftConventiononArbitralProcedures,thusmakingthem‘strict,formalisticandlegalisticprocedures’moreappropriateforacourtoflaw.62Nonetheless,therewerestillseveral55ICAOCouncilWP/1169(RequestoftheGovernmentofIndiatotheCounciloftheOrganization).56ICAODoc7328-12(C/853-12,1/12/52).57ICAOReportoftheCouncil74(Doc7367).58ICAODoc7291(C/845)162–65(1952)ReportoftheWorkingGrouponthe‘India/PakistanCase;CouncilWP1341(26/11/52),para4.TheWorkingGroupwascomposedoffiveCouncilmembers;Canada(Chairman),Belgium,Brazil,Mexico,andDenmark.59ICAODoc7361(C/858)15–26(1953).60RossTDicker,‘TheUseofArbitrationintheSettlementofBilateralAirRightsDisputes’((1969–70))3VandInt’l124,133.61ICAORulesofProcedurefortheSettlementofDifferences,ICAODoc7782/2(1975).62MichaelMilde,‘DisputeSettlementintheFrameworkoftheInternationalCivilAviationOrganization’inBockstiegel(ed),SettlementofSpaceLawDisputes:StudiesinAirandSpaceLaw(Berlin1980)87,at88;Hingorani(n44)25.ReviewoftheICAODisputeSettlementMechanism73Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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provisionsintheRulesthatcouldcircumventthepathtoadjudication.Negotiationbetweenthepartiestothedispute,attemptedandfailed,isaprerequisitebeforeeitherpartybringsacomplainttotheCouncil.PursuanttothecombinedreadingofArticles6and14,theCouncilfirstshalldecidewhethertoinvitethepartiestoenterintodirectnegotiationsandthenmayatanytimeduringtheproceedingsinvitethepartiestodoso.63Whenthepartiesaccepttheinvitationtonegotiate,theproceedingsonthemeritsshallbesuspendedandtheCouncilmayrenderanyassistance,forinstancebydesignatingaconciliator.InthecasesfollowingPakistanvIndia,theCouncilresortedtotheseprovisionsandurgedthepartiesintofurthernegotiationsinsteadofpursuingadjudication.AnothermajordisputeunderChapterXVIIIoccurredagainbetweenPakistanandIndiain1971.Inthewakeofahijackincident,IndiaunilaterallysuspendedPakistaniflightsoveritsterritory.PakistanbroughttheissuebeforetheCouncilforallegedviolationsofArticle5oftheChicagoConventionandArticle1oftheTransitAgreement.InMay1971,IndiachallengedonapreliminarybasisthejurisdictionoftheCouncil,arguingthatboththeConventionandtheAgreementhadbeensuspendedbetweenIndiaandPakistansince1965.InJuly1971,theCouncilaffirmeditsownjurisdictionoverthedispute.IndiathenappealedtheCouncil’spreliminarydecisiontotheICJ.TheICJreaffirmedtheCouncil’sjurisdictioninAugust1972,rulinginessencethatapartytoatreatymaynotescapeitsobligationsunderthedisputesettlementclausesonthebasisofunilateraldenunciation.64AlthoughtheICJ’sdecisionremovedanobstacletotheconsiderationofthemeritsofthecaseinJuly1976,fiveyearsafterthefilingofthecomplaint,IndiaandPakistanjointlymadeanofficialstatementdiscontinuingtheICAOCouncilproceedings.TheCouncil’sapparentreluctancewasclearfromitsrepeateddelaysintheproceedings;itheldatleastfiveformalsessionsbeforereachingitspreliminarydecision.Owingtoitslackofjudicialcapacity,theCouncilhadtorelyontheICAO’sSecretariatthroughouttheprocesstodecideuponmajorproceduralandsubstantiveissues:theanalysisofthevotingpowerofCouncilmembersunderArticle8465andtheinterpretationofArticle86.66AlthoughtheRulesrequiretheCouncil’sdecisiontobeinwritingandcontainitsreasonsforreachingthedecision,67itsdecisionamountedtonomorethanashortnegative63Art6(ActionofCouncilonProcedure)oftheRulesofProceduresfortheSettlementofDifferences:‘(1)Uponthefilingofthecounter-memorialbytherespondent,theCouncilshalldecidewhetheratthisstagethepartiesshouldbeinvitedtoenterintodirectnegotiationsasprovidedinArticle14.’Art14(Negotiationsduringproceedings):‘(1)TheCouncilmay,atanytimeduringtheproceedingsandpriortothemeetingatwhichthedecisionisrenderedasprovidedinArticle15(4),invitethepartiestothedisputetoengageindirectnegotiations,iftheCouncildeemsthatthepossibilitiesofsettlingthedisputeornarrowingtheissuesthroughnegotiationshavenotbeenexhausted.(2)Ifthepartiesaccepttheinvitationtonegotiate,theCouncilmaysetatime-limitforthecompletionofsuchnegotiations,duringwhichotherproceedingsonthemeritsshallbesuspended.(3)Subjecttotheconsentofthepartiesconcerned,theCouncilmayrenderanyassistancelikelytofurtherthenegotiations,includingthedesignationofanindividualoragroupofindividualstoactasconciliatorduringthenegotiations.’64Fitzgerald(n41)153.65ICAO,CouncilWP/5465(VotingintheCouncilonDisagreementsandComplaintsBroughtundertheRulesfortheSettlementofDifferences).66ICAO,CouncilWP/5433(NotesonArticle86oftheChicagoConventionRelatingtoAppealsfromDecisionsoftheCouncil).67Art15(2)oftheRulesofProceduresfortheSettlementofDifferences.JournalofInternationalDisputeSettlement74Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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replytothepreliminaryobjectionsraisedbyIndia.68AsICJJudgePetrenpointedoutinhisseparateopinion,theCouncilshouldhavestatedthelegalgroundsforitsdecisiononthepreliminaryquestion.69Inthe1996CubavUScase,70CubasubmittedacomplaintwithregardtotherightofCuban-registeredaircrafttooverflyUSterritoryduringtheirflightsinandoutofCanada.InaccordancewiththeaforementionedRules,theauthorizedagentsofbothpartiesmadepresentationsintheCouncilsessionon20November1996.TheCouncilmemberspredominantlysupportedtheproceduraloptionsunderArticle14oftheRules:invitingfurtherdirectnegotiationsbetweenthetwoparties,settingthetime-limitasthefallof1997,anddesignatingthePresidentoftheCouncilastheConciliator.Despitetherelativestrengthofitsargument,Cubachoseanegotiatedsolution.Inthesubsequentnegotiations,theConciliatorpresentedaproposaltoCuba,heldfurthermeetingswiththeparties,andcameupwithamodifiedproposal,whilethetimelimitwasextended.CubaandtheUnitedStatessettledthedisputeonthebasisofthemodifiedproposaltheConciliatortransmittedtoCuba.71ThelatestcasebetweentheUnitedStatesandtheEuropeanUnion,namelytheHushkitcase,wasthefirsteconomicandenvironmentaldispute;previousdisputeswerepolitical,mainlyinvolvingprohibitedzones.72TheUnitedStateschallengedtheEU’snewnoiserestrictionsbasedondesignratherthanonperformance.TheEUraisedpreliminaryobjectionstotheICAO’sexerciseofjurisdictiononthegroundsofthelackofpriornegotiationbeforefilinganapplication,thenon-exhaustionoflocalremedies,andtheavailabilityoftherequestedrelief.73TheCouncilagainruledinfavoroftheadmissibilityoftheUSapplication.WhilethesubstantiveissuesvariedfromthoseofCubavUSA,theCouncilfollowedtheidenticalcourse:invitingthepartiestofurthernegotiateanddesignatingtheICAOPresidentastheConciliator.74OnemightfinditprematuretoconcludefromtheprevioussmallnumberofcasesthattheCouncilwillbehaveinasimilarwayinthefuturecases.Itissubmitted,however,thattheCouncil’sfutureresponseswillbesimilar,asArticle14oftheRulesconstitutestheonlyoptionavailabletotheCouncilifitisunwillingtopursueadjudication.75TheCouncil’sjudicialactionsunderArticle84oftheChicagoConventionaremarkedbycontinualdelays,lengthyproceedings,relianceontheSecretariatandconfusioninitsperceivedrole.InsituationsotherthanthoserelatedtoArticle84,however,theCouncilhasbeenprompt,flexible,effective68Fitzgerald(n41)183.69JudgePetrenstatedinhisseparateopinionthat‘ItisastrikingfactthatthedecisionisdevoidofallstatementofgroundsandconsistssolelyinadeclarationtotheeffectthattheCouncildidnotaccepttheobjection.’SeparateOpinion[1972]ICJRep84.70ICAOCouncilDEC149/7(20November1996).71ICAOCouncilDEC153/14(20March1998).72BenedicteClaes,‘AircraftNoiseRegulationintheEuropeanUnion:TheHushikitProblem’(2000)65JAirL&Com329;KrissBrown,‘TheInternationalCivilAviationOrganizationIstheAppropriateJurisdictiontoSettleHushkitDisputeBetweentheUnitedStatesandtheEuropeanUnion’(2002)20PennStInt’LLRev465.73SeanD.Murphy,‘ContemporaryPracticeoftheUnitedStatesRelatingtoInternationalLaw:AdmissibilityofU.S.-EU‘‘Hushkit’’DisputeBeforetheICAO’(2001)95AJIL410.74ICAO,CouncilWP/12075(NegotiationsRegardingSettlementofDifferences:UnitedStatesand15EuropeanStates).75Buergenthal(n31)109,110.ReviewoftheICAODisputeSettlementMechanism75Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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andevenpreventiveattimeswithagoodsenseofbalance.Avarietyofdisputesettlementmeasures,suchasmediation,theuseof‘goodoffices’,andfact-finding,havebeenemployedinaccordancewiththenatureoftheconflict.76Themostillustrativeinstanceisthemid-airdestructionofKoreanAirlinesFlight007byaSovietfighteron1September1983.Inresponsetotheincident,theICAOCouncilcalledanextraordinarysessionon15and16September1983andadoptedaresolutiondeploringthedestructionofacivilianaircraft.EventhoughtheChicagoConventiondidnotspecificallyempowertheICAOtoinvestigateaircraftincidentsonitsown,theCouncilinstructedtheICAOSecretary-Generaltoestablishafact-findingcommissioninordertoinvestigatethefactualdisputessurroundingtheincident.77TheICAOinitiatedandsucceededinamendingArticle3bisoftheConvention,whichexpresslystipulatedtheprohibitionoftheuseofweaponsagainstcivilianaircraft.Ascanbeseen,theCouncil’sinterventionconcerningtheKoreanAirincidentwasswiftandrelevant.Nonetheless,withregardtotheperceivedroleoftheCouncil,severalCouncilrepresentativesstatedthattheCouncilwasnotatribunal‘seekingtoreachajudgmentonthefacts’.78Intheiropinion,theCouncilwassupposedtoremainneutralandrefrainfrommakinganysortofdetermination.AnothersimilarinstanceconcernedaconflictbetweentheUnitedStatesandCubain1996wheretheCubanmilitaryshotdowntwoprivateUSaircrafts.WhiletheUSauthoritiesrequestedtheICAOtoinvestigatetheincident,theCubansideallegedthatitsairspacehadbeenrepeatedlyviolatedbyUSaircraft.Throughoutitsdeliberationsontheissue,theCouncil‘traversedthediplomaticropewithabalancedsenseofpurpose’79andproduceditsfinalResolutionon27June1996totheeffectthat,whiletheprincipleofthesovereigntyofairspacewasupheld,Statesmustrefrainfromtheuseofweaponsagainstcivilianaircraftregardlessofthegrounds.ThefactthattheCouncilisnotworkableasanarbitralbodydoesnotnecessarilymeanitisuselessorineffectiveasadisputesettlementmechanism.ThisisapointwheretheappraisalsoftheCouncildiverge;whileitisheavilycriticizedforitslackof‘legal’output,itisalsofavorablyviewedforitscontributiontotheresolutionofdisputes.AdetailedevaluationofwhethertheCouncilhasbeentrulyeffectiverequiresasetofcriteriaandempiricaldataandthusextendsbeyondthescopeofthisarticle.80Sufficeittosaythat,evenunderChapterXVIII,theCouncilhasfacilitatedconflictresolutionbetweendisputingpartiesandcontributedtotheultimatesettlementofallthedisputesbroughtbeforeit.81IncasessuchasCubavUSAandHushkit,thePresidentoftheCouncilplayedacrucialroleinreachingamutuallyagreeablesolution.76SeeManiatis(n33);Diederiks-Verschoor,AnIntroductiontoAirLaw(KluwerLawInternational2006)48.77TheCouncilinsteadreferredtoArt55(e),whichstipulates‘theCouncilmayinvestigate,attherequestofanycontractingState,anysituationwhichmayappeartopresentavoidableobstaclestothedevelopmentofinternationalairnavigation;and,aftersuchinvestigation,issuesuchreportsasmayappeartoitdesirable’.78Abeyratne(n50)202.79ibidat206.80LaurenceRHelferandAnne-MarieSlaughter,‘TowardaTheoryofEffectiveSupranationalAdjudication’(1997)107YaleLJ273,276.Theauthorsdefineeffectivenessofinternationaladjudicatorybodies‘intermsof[atribunal’s]abilitytocompelcompliancewithitsjudgment’.81Dempsey(n48)569–70.JournalofInternationalDisputeSettlement76Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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Inallpracticality,thenegotiatedsettlementsarenolessdesirableforthepartiesthanarbitralawards.IntheopinionofProfessorBuergenthal,arbitrationcouldnothaveachievedsettlementcomparabletothatreachedundertheauspicesoftheCouncilinPakistanvIndiaintermsofdurationandeffectiveness.825.ImplicationsforContractingStatesOverall,however,theearlyanticipationthattheCouncilwouldserveasaproperarbitralbodyhasgraduallyfadedaway.TheICAOCouncilconsidersitselftaskedwithassistingtosettle,ratherthanadjudicating,disputes.83MemberStatesnolongerexpecttheCounciltorenderlegallyvaliddecisions.WhatthencanbeexpectedofArticle84oftheChicagoConvention?SincetheICAOCouncil’sjudicialweaknessisascribedtoitsstructuralcomposition,theresponsepatternwillremainunchanged.TheCouncilislesslikelytoundertakeanadjudicativerole;itwillinsteadencouragethepartiestoengageinfurthernegotiation.ThePresidentwillbeappointedasaConciliatorwithfixedbutextendabletimelimits.Finally,thesanctionsunderArticles86and87,drasticastheymaylook,willrarelybeimposed.ThedisputesettlementregimeoftheChicagoConventionneverthelessoffersaviableavenueforacontractingStateindispute.WiththesubmissionofanapplicationunderArticle84,theStatecanbringaninternationaldimensiontoanotherwisebilateraldispute;movingfromthebilateralnegotiatingtabletotheCouncilchamber.ItsstrengthandusefulnessalsocomefromthevirtualuniversalityoftheChicagoConvention.Asanalternative,acontractingStatemaybringadisputebeforetheCouncilpursuanttoArticle54(n),whichDrAbeyratneviewedasabetterchoiceintermsofexpediencyandflexibility.84UnderArticle54(n),however,theCouncilisnotobligedtotakeanyconcreteaction,eventhoughconsiderationsofdisputesunderArticle54(n)haveledinthepasttotheadoptionofnon-bindingdeclarationsandresolutions.Incontrast,ChapterXVIIIproceduresaremandatoryinthesensethattheotherpartymaynotoptout,andtheCouncilisnotonlyobligedtoacceptthedisputebutalso,unlesseitherpartywithdraws,tomakeabindingdecision.ItsexistenceencouragescontractingStatestoresolvedisputeswithouthavingtotakethisadversarylegalroute.85ChapterXVIIIcanthereforebeseenasdeterrenceforpotentialviolatorsorleverageforapartyinjuredbyabreach.ThecontractingStatewithastrongerlegalargumentcouldputmorepressureontheotherStatewiththeassistanceofArticle84.Thesettime-limitandtheconciliationoftheCouncilPresidentwillcertainlyhaveacatalyzingimpactonanotherwisereluctantparty.TheCouncil’sinvolvementwouldconstituteanotherexternalfactor,whichcouldbeusedtopersuadethedomesticaudience.Non-compliancewithsuchadecisioncouldentailthepenaltiesprescribedunderArticles87and88.However,there82Buergenthal(n31)20.83ibidat24.84RAbeyratne,‘TheSettlementofCommercialAviationDisputesundertheGeneralAgreementonTradeinServiesandtheICAOCouncil–AComparativeAnalysis’inInternationalTradeLawandtheGATT/WTODisputeSettlementSystem(KluwerLawInternational1997)397,410.85Dempsey(n48)570;GariepyandBotsford(n7)361–2.ReviewoftheICAODisputeSettlementMechanism77Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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aredifferingevaluationsontheeffectivenessofthosepenalties.Itistruethatsuchpenaltieswouldbeunlikelyinreality,butthepotentiallegalconsequenceswouldnonethelessexertadditionalpsychologicalpressureonthedisputants.ItisinterestingtonoteinthisregardthatallthepartiesinvolvedindisputesunderChapterXVIIIacceptedtheCouncil’soffertopursuefurthernegoti-ationandconsultation.Anyofthepartiescouldhavedeclinedtheofferandsoughtalegallybindingdecision.However,itappearsthatallthepartiesthoughtitworthattemptingdiplomacyoncemoreundertheauspicesoftheCouncilandwithasettimelimit.Analternativeviewisthat,fromtheCouncil’spasthandlingofdisputesanditsinherentreluctancetoarticulatelegalpositions,theymighthavepredictedthatadecisionoftheCouncilwouldbeanunlikelyoutcome.6.ChallengeofaPotentialEU-ETSDisputebeforetheCouncilSincealothasbeenalreadywrittenonthesubstantiveissuesofthelegalityoftheEU-ETS,86thisarticleconfinesitselftothejurisdictionalandproceduralaspectsunderChapterXVIII.Asexplainedearlier,theICAOCouncilislikelytoreactinamannersimilartotheUSvCubaortheHushkitcases;endeavoringmoretomediatethantoadjudicate.Still,onceacaseisbroughtbeforetheCouncil,thecriticalissueoflegitimacyisexpectedtoemerge.TheCouncilhasthusfarmanagedtomaintainapparentneutralityinaddressingthedisputesunderArticle84.SuchneutralitywouldbedifficulttosustainwhenthedisputeinvolvesthenationalinterestsofpluralCouncilmembers.AstheEURegulationaffectsalltheflightsinandoutofanyEUState,manyofthecontractingStatesontheCouncilhavesomedegreeofinterestinthematter.Infact,thegovernmentsofmorethan20non-EUStatessigned,inNewDelhion3October2011,ajointdeclarationopposingtheEU-ETS.87InitsconsiderationoftheEU-ETSintheCouncilon2November2011,26ofthe36Councilmembers,virtuallyallnon-European,tabledandadoptedthesamedeclarationurgingtheEUanditsmemberStatestoreconsidertheEU-ETS.88IftheEU-ETSdisputewerereferredtotheCouncilunderArticle84,itisnotdifficulttopredicthoweachCouncilmemberwillvote,inviewofthepositiontheirhomegovernmentshavetakeninpublic.Forthisreason,theEUmemberStatescouldraiseapreliminaryissueofjurisdictionoradmissibilityonthegroundsofthelackofimpartialityindicatedinthesaidCouncildeliberations.SuchachallengeisnotlikelytosucceedintheabsenceofanyexplicitprovisionintheChicagoConventionprohibitingthecontractingStatesfrominstructingorinfluencingtheirrepresentativessittingunderthemandateofArticle84oftheConvention.Althoughtherehavebeen86MartinBartlik,‘TheExtensionoftheEuropeanUnionEmissionsTradingSchemetoAviationActivities’(2009),34AnnAir&SpaceL151.87CathyBuyck,Morethan20countriestodeclarejointoppositiontoEUETSAirTransportWorld(4October2011)<http://atwonline.com/international-aviation-regulation/news/more-20-cou… from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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severalchallengesinthepast,thejurisdictionoftheCouncilhasbeenvindicated:oncebytheICJandtwiceonitsown.Thelegalityor‘legal’validity,however,shouldbedistinguishedfromthelegitimacyoftheICAOCouncilasaproperadjudicativeorgan.TheformerconcernsamerevalidationoftheauthorityconferreduponitbythelanguageoftheChicagoConvention,whilethelatterrelatestowhetheritsauthorityintheformofajudicialdecisionwouldbeperceivedasjustifiedintermsoftheruleoflaw.89Withoutproperjudicialdetachmentfrompoliticalorgans,anyarbitraldecisionbytheCouncilcouldbeviewedasamanifestationofnationalinterestsratherthanaconsequenceofrule-baseddeliberations.Theissueoflegitimacymightpresentitselfinadifferentform.Article53oftheChicagoConventionforbidsaCouncilmemberfromexercisingavotewhenitisapartytoadispute.Ifanon-EUCouncilmembersubmitsthedisputeagainstallEUmemberStates,theeightEUStatesintheCouncilwillbedeprivedoftheirvotesinthedeliberationsanddecisions.90Ontheotherhand,eventhoughtheyareaffectedbytheEU-ETS,thenon-EUStatesareentitledtoavoteaslongastheydonotpresentthemselvesaspartiestothedispute.TheEUCouncilMembersinturnmightattempttosubmitadisagreementorcounter-claimforthepurposeofdeprivingthenon-EUCouncilmembersofvotes.91Thisanomalycouldeveninvalidateanumberofvotingrightsenoughtoaffectthequorumofamajorityrequiredforthedecision.92AnotherinterestingissueisthescopeofthesubjectmatteroverwhichtheICAOCouncilhasjurisdiction.ThesubjectmatterunderArticle84oftheChicagoConventionislimitedtoitsinterpretationandapplication.93However,thelegalissuesoftheEU-ETSconcernitscompatibilitywiththeKyotoProtocolaswellastheChicagoConvention.AspecialagreementofthepartiestothedisputecanenableanadhoctribunalortheICJtoaddressanyissuesotherthanaviation.TheCouncil,however,wouldfinditselfbarelyqualifiedtotouchupontheKyotoProtocol,whichappearsessentialincomprehensivelyexaminingwhetherornottheEU-ETSiscompliantwithinternationallaw.7.SuggestionsforaBetterICAODisputeSettlementRegimeGiventheshortcomingsoftheICAOCouncilasaquasi-judicialbody,severalmodificationshavebeensuggested:morefrequentuseoffact-findingmethods,94resorttotheICJorPCA95;inclusionofsomeproceduralsafeguardsinordertodealwiththecurrentdefects96;establishmentofa89NienkeGrossman,‘LegitimacyandInternationalAdjudicativeBodies’(2009)41GeoWashInt’lLRev116.90TheEUasaregionalintegrationorganizationdoesnotpossessthestatusofacontractingStatetotheChicagoConvention.91Hingorani(n44)21.92Art52oftheChicagoConventionstipulates:‘DecisionsbytheCouncilshallrequireapprovalbyamajorityofitsmembers.’93Buergenthal(n31)5–6.94Dicker(n60)163.95IsabellaDiederiksVerschoor,‘TheSettlementofAviationDisputesinSettlementofAviationDisputes’(1995)XXAnnAir&SpaceL335.96Fitzgerald(n41)171.ReviewoftheICAODisputeSettlementMechanism79Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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newandsmallerbodytosettlelegaldisputes97;adoptionofaWTO-likepanelprocessinplaceofthecurrentICAOCouncilprocess98;ortheadditionofanotherbodytaskedwithoverseeingcompliance.99Theseproposalswouldbebetterunderstoodiftheywereplacedintherightcontext.Concerningthosedisputesarisingfrombilateralaviationagreements,theCouncilseemstohavelittleroletoplay.Thecurrentlyprevalentadhocarbitraltribunalsthuswillremainasaviablemodeforresolvingbilateraldisputes.Alternatively,giventhetechnicalnatureofsuchdisputesregardingmatterssuchasratesfrequency,routesandcapacity,theCouncilmay,bypromulgatingtherelevantregulations,facilitatetheestablishmentofanexpertpaneloraWTO-likepanelforanexpedientandspecializedresolutionofsuchdisputes.100WithregardtotheCouncil’sroleunderChapterXVIII,anidealandambitiousreformwouldbetheestablishmentofapermanentInternationalTribunalofAirLaworasemi-formattedarbitraltribunalsimilartothePCAinTheHagueortheICSIDinWashington,DC.Theseproposals,however,entailarevisionoftheChicagoConvention,whichwouldbehardtoobtainandthecostofwhichislikelytooutweighthedesiredbenefits.101Inspiteofthesaidconstraints,theCouncilstillhasroomforimprovement.First,theCouncilcanconcentrateonwhatithasdonebestsofar:conflictresolutionbymeansof‘goodoffices’,mediation,andconciliation.AsManiatisrightlypointsout,differentkindsofdisputesmaywellrequiredifferentandmoreeffectivesettlementoptions.102TheICAOhasencounteredmanysortsofdisputesandadoptedcorrespondingmethodssuchasfact-finding,conciliationorevenoutrightcondemnation.TheCouncilshouldretainandevenexpandsuchproceduralflexibilityasitdeemsmosteffectiveforanypendingcase.Forinstance,afact-findingmissionmaybeappropriateincaseofanairincident,103whereasconciliationwouldbemoreappropriateforpoliticallychargeddisputes.ThisADR-typestrategywillbeparticularlyeffectivewhentherealpurposeofthepartiestothedisputeistosettleratherthantoseeklegalguidance.Second,whenadisputeisofalegalnatureandthusrequiresjudicialresolutionbytheapplicationofinternationallaw,104theICAOCouncilshouldresorttoArticle6(2)oftheRulesfortheSettlementofDifferences.Insteadofundertakingadjudicationofthedisputeonitsownasawhole,theCouncilmayappointacommitteecomposedoffiveCouncilrepresentativesof‘memberStatesnotconcernedinthedisagreement’whoalsohavelegalcompetence.105TheselectionofqualifiedandimpartialrepresentativesoftheCouncilwill97ibid171.98Maniatis(n33)229;CraigCanetti,‘FiftyYearsaftertheChicagoConference:aProposalforDisputeSettlementundertheAuspicesoftheInternationalCivilAviationOrganization’(1994–95)26Law&Pol’yInt’lBus497,516.99ibidat230.100Buergenthal(n31)112.101BrianFHavelandGabrielSSanchez,‘DoWeNeedaNewChicagoConvention?’(2011)11IssuesinAviationLawandPolicy7.102Maniatis(n33)223.103VernonNase,‘ADRandInternationalAviationDisputesbetweenStates–Part1’6(2003)ADRBullArt1<http://epublications.bond.edu.au/adr/vol6/iss5/1>accessed10October2012…–20.105Buergenthalconstruesthisessentiallyasnoneotherthan‘apartytothedispute’.Buergenthal,Law-makingofInternationalCivilAvationOrganization(SyracuseUniversityPress1969)128–9.Nonetheless,theJournalofInternationalDisputeSettlement80Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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enhanceitslegitimacyandcompetency.TheCouncilcanfurthertakeaninnovativestepinrevisingtheRulestotheeffectthatapanelofexpertsorjuristsotherthantheCouncilrepresentativesmaybeselectedforthesaidCommitteetofurtherensureitsjudicialsoundness.106SuchsmallandcompetentCommitteeorpanelwouldthenlookintothedisputeandsubmitalegalanalysistotheCouncil.Alternatively,theCouncilmayavailitselfofArticle8(1)oftheRulesandentrustexternalexpertsoranexternalcommissionwiththetaskofanenquiryorgivinganexpertopinion.107Admittedly,theCouncilasawholecanoverridetheconclusionoftheCommittee,thepanelortheexternalexperts.Nevertheless,suchconclusionwouldcertainlysteertheCouncil’sdeliberationsintoalegallycorrectdecision.1088.ConclusionStructureoftendeterminesfunction.WhilemembersoftheICAOCouncilareboundbytheirheadquarters’instructions,theyalsohavetoserveasinternationallegislatorsoradministratorsinpursuitofthecommongood.Inthefieldofpolicy-makingandlegislation,thefulfillmentofsuchdualfunctions(dedoublementfonctionnel)109appearstobetenable.Thejudicialduties,however,differfromotherdutiesinthatjudicialcompetencyaswellasindependenceisessentialforthelegitimacyofauthority.AlthoughtheCouncilhasbeenacceptablyeffectiveinfacilitatingtheresolutionofinter-Stateconflictsandattimesproactiveinitsmediatingorconciliatingroles,itsperformanceunderChapterXVIIIindicatesitsreluctanceandinabilitytocarryoutitsadjudicativefunction.IncaseofanyfuturedisputebeforeitunderArticle84,theCouncilwouldlikelyrepeatitspreviouspatternoffacilitatinganegotiatedresolutioninsteadofadjudicatingonthematter.Forallitsstructuraldefects,thedisputesettlementregimeoftheChicagoConventioncanstillserveasacriticalfactorforanycontractingStatesinpotentialdispute.ItsexistencecombinedwithstringentpenaltiescanworkasapressureonanypartyinbreachoftheChicagoConventiontoreturntocompliance.However,inorderforthecurrentregimetobetterperform,somereformscanbeconsidered.TheCouncilshouldbeequippedwithmoreflexibilitysothatatailor-mademethodofdisputesettlementmaybeadopted.Incasealegalresolutionissought,theCouncilneedstoconsiderdelegatingthefirst-instancereviewofthecaseeithertotheCommitteeortoapanelofexpertsandjurists.Councilcouldbeprecautiousnottoselectanyrepresentativehimselforhis/herhomegovernmentwhomightbedirectlyorindirectlyhasvestedinterestsinthedispute.106WhilediscussingtheRulesatthe19thCouncilsession,theUKRepresentativefavoredopeningthecompositionoftheCommitteetooutside‘qualifiedpersons’.ButtheSecretariatmaintainedthattheCouncilcoulddelegateitsjudicialfunctiononlytoabodymadeupofitsownmembers.Buergenthal(n32)96.107Art8(1)oftheRulesstatesthat‘TheCouncilmayatanytime,butafterhearingtheparties,entrustanyindividual,body,bureau,commission,orotherorganizationthatitmayselect,withthetaskofcarryingoutanenquiryorgivinganexpertopinion...’108Hingorani(n44)18.109GeorgesScelle,Precisdedeoitdesgens:principesetsystematique(LibrarieduRecueilSirey1932).ReviewoftheICAODisputeSettlementMechanism81Downloaded from https://academic.oup.com/jids/article-abstract/4/1/65/2193481by European University Institute useron 29 November 2017
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D. Bowett, J. Crawford, I. Sinclair & A. Watts, “Efficiency of
Procedures and Working Methods: Report of the Study Group
established by the British Institute of International and Comparative
Law as a contribution to the UN Decade of International Law”,
(1996) 45 International and Comparative Law Quarterly 1
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T. Buergenthal, Law-making in the International Civil
Aviation Organization, 1969, Part III
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G. F. Fitzgerald, “The Judgment of the International Court of Justice
in the Appeal Relating to the Jurisdiction of the ICAO Council”, (1974)
12 Canadian Yearbook of International Law 153
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M. Milde, International Air Law and ICAO, 3rd ed., 2016,
pp. 198 - 209
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E. Warner, “Notes from PICAO Experience”,
(1946) 1 Air Affairs 30
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