S/2020/852 SC

The Security Council, Recalling its resolutions 1267 (1999), 1325 (2000), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2083 (2012), 2133 (2014), 2161 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015), 2242 (2015), 2249 (2015), 2250 (2015), 2253 (2015), 2309 (2016), 2322 (2016), 2331 (2016), 2341 (2017), 2347 (2017), 2349 (2017), 2354 (2017), 2368 (2017), 2379 (2017), 2388 (2017), 2396 (2017), 2427 (2018), 2462 (2019), 2482 (2019), 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 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 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, noting 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 the factors contributing to increased radicalization to terrorism and fosters a sense of impunity, Reaffirming its respect for the sovereignty, territorial integrity and political independence of all States in accordance with 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, Deeply deploring the suffering caused by terrorism to victims and their families, expressing its profound solidarity with them, and acknowledging the importance of providing them with appropriate support and assistance, and recognizing further the important roles that victims and survivor networks play in countering terrorism and violent extremism conducive to terrorism, Recalling its resolution 2178 (2014) and the definition of Foreign Terrorist Fighters (FTFs), and expressing grave concern over the persistent threat posed by FTFs who have joined Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities, as designated by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee, potentially returning or relocating, particularly from conflict zones, to their countries of origin or nationality, or to third countries, and recognizing the threat of returning or relocating of such FTFs by recruiting for or otherwise providing continued support for Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities, Concerned that FTFs increase the intensity, duration and intractability of conflicts, 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 FTFs are active and that are affected by serious security burdens, and noting that the threat of FTFs may affect all regions and Member States, even those far from conflict zones, and expressing grave concern that FTFs are using their terrorist ideology to recruit and radicalize to terrorism, Acknowledging that returning and relocating FTFs have attempted, organized, planned, or participated in terrorist 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 (Da’esh), in particular has called on its supporters and affiliates to carry out attacks wherever they are located, Stressing that Member States have the primary responsibility in countering terrorist acts and violent extremism conducive to terrorism, Recalling the obligation of all Member States, in resolution 1373 (2001), 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 and to ensure that, in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts, reminding all States further of their obligations to 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 (2014) and in paragraph 5 of resolution 2462 (2019) in a manner duly reflecting the seriousness of the offenses, noting further that consistent sentencing provides a greater level of transparency and deterrence, and recognizing that criminal punishments for terrorism-related crimes, particularly those imposed on FTFs, need to be consistent and reflect the seriousness of the offenses, Recognizing that a comprehensive approach to the threat posed by terrorists, including FTFs, 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, gender equality and youth participation, ending and resolving armed conflicts, and facilitating investigation, prosecution, reintegration and rehabilitation, Underscoring the importance of a whole of government and all of society approach and recognizes the important role civil society organizations can play, in contributing to the rehabilitation and reintegration of FTFs, and their accompanying families, following a robust risk and needs based assessment, 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 terrorism, and encourages Member States to engage with them proactively when developing rehabilitation and reintegration measures, Underlining the importance of information sharing and mutual legal assistance, in line with applicable international and national law, as reflected in relevant provisions of resolution 2322 (2016), Noting efforts made by an increasing number of regional and sub-regional organizations in countering terrorism and urging all relevant regional and sub-regional organizations to enhance coordination and the effectiveness of their counter-terrorism efforts within their respective mandates and in accordance with international law, including relevant Security Council obligations, including with a view to developing their capacity to help their member states in their efforts to tackle the threats to international peace and security posed by acts of terrorism, Noting that beneficiaries of rehabilitation and reintegration programmes present a diversity of vulnerabilities, risks and needs, including psychosocial, educational, and familial, and that these should be assessed on a robust evidence base, Reaffirming 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 FTFs and those supporting FTFs, emphasizing the need to improve the collection, handling, preservation and sharing of information and evidence obtained from conflict zones that may be essential to the investigation, prosecution, adjudication and sentencing of terrorist crimes, recognizing that Member States should ensure that all such actions be in accordance with applicable international law and the Charter of the United Nations, recognizing the importance of enhanced cooperation and the exchange of information through mutual legal assistance agreements and other frameworks and mechanisms, including on the basis of reciprocity, noting the importance of clear legal authorities, regulations and practices for the collection, sharing, and use of this type of evidence in national courts, in full respect for fair trial guarantees of the accused, Welcoming the Madrid Guiding Principles on stemming the flow of foreign terrorist fighters (S/2015/939) and the Addendum to the guiding principles on foreign terrorist fighters (S/2018/1177) and taking note of recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, including the work of the Global Counterterrorism Forum (GCTF), in particular its adoption of the Hague-Marrakech Memorandum Addendum on Good Practices for a More Effective Response to the FTFs Phenomenon, and the Addendum to the GCTF Good Practices on Women and Countering Violent Extremism, Recognizing the differential impacts on the enjoyment of human rights by women and girls of terrorism and violent extremism conducive to terrorism, including in the context of their health, education, and participation in public life, and that they are often directly targeted by terrorist groups, and expressing deep concern that acts of sexual and gender-based violence are known to be part of the strategic objectives and ideology of certain terrorist groups, used as a tactic of terrorism, and an instrument to increase their power through supporting financing, recruitment, and the destruction of communities, and further noting the Global Counterterrorism Forum’s good practices on Women and Countering Violent Extremism, and recognizing the important roles played by women in preventing and countering terrorism and violent extremism conducive to terrorism, and encouraging Member States providing technical assistance and capacity building related to this resolution to take this differential impact into account. Recalling resolution 2249 (2015), in which the Security Council condemns in the strongest terms the gross, systematic, and widespread abuses of human rights and violations of international humanitarian law by ISIL, and resolution 2253 (2015), in which the Security Council condemns in the strongest terms abductions of women and children, including by Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities, expresses outrage at their exploitation and abuse, including rape and sexual violence, forced marriage, and enslavement by these entities, and notes that any person or entity who transfers funds to ISIL directly or indirectly in connection with such exploitation and abuse would be eligible for listing by the Security Council 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, Acknowledging that prisons and pre-trial detention settings can serve as potential environments for recruitment by terrorists and terrorist organizations, and recognizing the need for a proper risk assessment and monitoring of imprisoned terrorists, including FTFs, in accordance with international law, in particular, as appropriate international human rights law, taking into consideration the United Nations Standard Minimum Rules for the Treatment of Prisoners, or “Nelson Mandela Rules”, the United Nations (Bangkok) Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders and other relevant United Nations crime prevention and criminal justice standards and norms, while also recognizing that prisons and post release programs may also provide terrorists offenders opportunities for rehabilitation and reintegration to help avoid recidivism, 1. Emphasizes 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; 2. Recalls its decision that all Member 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 (2014), and in paragraph 5 of resolution 2462 (2019) in a manner duly reflecting the seriousness of the offenses; 3. Calls upon Member States to assess and investigate suspected individuals whom they have reasonable grounds to believe are terrorists, including suspected FTFs and their accompanying family members, 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 accordance with applicable international law, in particular international human rights law, international humanitarian law and international refugee law; 4. 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; 5. Calls upon Member States to analyze the application of national criminal charges related to terrorism, to consider whether they result in the application of criminal sentences that duly reflect the gravity of the offense, while treating those convicted of terrorism acts humanely and respecting their human rights, and provide for the rehabilitation and reintegration of prisoners into society where possible in order to reduce recidivism, and encouraging Member States to share with each other relevant experiences regarding the application of criminal sentences for terrorism offences, the rehabilitation of persons convicted of committing terrorism offences. measures that should be undertaken to reintegrate individuals into society, including appropriate conditions of court-supervised release; 6. Emphasizes that women associated with FTFs returning or relocating to and from conflict may have served in many different roles, including as supporters, facilitators, or perpetrators of terrorist acts, and may require special focus when developing tailored prosecution, rehabilitation and reintegration measures; 7. Stresses the importance of assisting children associated with FTFs who may be victims of terrorism, and to do so taking into account gender and age sensitivities; 8. Calls upon all Member States, to develop and implement comprehensive and tailored prosecution, rehabilitation and reintegration measures for persons who are engaged in terrorism-related activity, including FTFs and, as needed, accompanying family members, including a robust risk and needs based assessment, through: (a) Developing long-term methods to counter violent extremism conducive to terrorism, and incitement to commit terrorist acts, while recognizing that individual measures taken to implement comprehensive prosecution, rehabilitation and reintegration should inform each other and be mutually reinforcing, and evidence-led, as well as undertaking to understand the vulnerabilities that lead to individuals’ radicalization to terrorism, and updating national counter-terrorism strategies accordingly; (b) Developing measures that are comprehensive and tailored to individuals, taking into account gender and age sensitivities and related factors, comprehensive screening and risk and needs assessments, the severity of the crime(s) committed, available evidence, intent and individual culpability and overlapping roles/experiences, available support networks, the public interest and other relevant considerations or factors, including ongoing conflict or insecurity, as appropriate, and that are in compliance with, applicable international law, including international human rights, international humanitarian law, and international refugee law, and domestic law; (c) Encouraging a proactive whole of government approach and recognizing the role that can be played by families and civil society organizations, including in women, cultural, education, health and social welfare sectors, as well as by different forms of vocational training and economic empowerment, victim groups and local communities and religious leaders, as appropriate, particularly during reintegration, so that partners in civil society and communities are given appropriate support while assisting in implementation of rehabilitation and reintegration programs, consistent with applicable international law, including international human rights, international humanitarian law, and international refugee law, and domestic law; (d) Urging Member States to support the full, effective and meaningful participation and leadership of women and women’s organizations in developing, implementing, monitoring, and evaluating rehabilitation and reintegration measures to counter terrorism and violent extremism which can be conducive to terrorism, including through countering incitement to commit terrorist acts, and in creating counter narratives and other appropriate interventions and building their capacity to do so effectively, and further to address the conditions conducive to the spread of terrorism and violent extremism which can be conducive to terrorism, consistent with the United Nations Global Counter-Terrorism Strategy; 9. Calls upon Member States, including through their central authorities and, where appropriate, with the assistance of the United Nations Global Counter-Terrorism Coordination Compact Entities, including the United Nations Office on Drugs and Crime (UNODC) and other expert bodies that support capacity building, to share best practices and technical expertise with a view to improving the collection, handling, preservation, sharing and use of relevant information and evidence, consistent with domestic and international law, including information and evidence obtained in conflict zones in full compliance with international law, including the Charter of the United Nations, in order to ensure the effective investigation and prosecution of those who have committed terrorist crimes, including FTFs returning and relocating to and from conflict zones; 10. Calls upon Member States to provide successful psycho-social care for children affiliated with FTFs, including evidenced-based trauma care and empirically-supported programs to resocialize children back into the society, and recognizing that youth-led initiatives in these communities can play a vital role in fostering this inclusiveness, in cases involving children, considering that they may be especially vulnerable to radicalization to terrorism and in need of particular social support, such as post-trauma counselling, and also considering their possible status of victims of terrorism and fully respecting and promoting their rights, taking into account the best interests of the child, in a manner consistent with applicable international law, including the Convention on the Rights of the Child, for parties to this Convention; 11. Encourages Member States to support targeted education-based initiatives that build critical thinking skills which can also enable youth to recognize, reject, and refute terrorist ideology, including by investing in leadership exchanges and programs aimed at partnering with children around the world, such as peer to peer programs, including those where students develop and implement online campaigns and content to counter violent extremism conducive to terrorism; 12. Calls upon Member States to develop and implement risk assessment tools to identify individuals who demonstrate signs of radicalization to terrorism and develop intervention programs, including with a gender perspective, as appropriate, before such individuals commit acts of terrorism, in accordance with applicable international law, and domestic law, and without resorting to profiling based on any discriminatory grounds prohibited by international law, including by: (a) Involving professionals in risk and needs assessments who have relevant expertise and access to continuous training, development and re-evaluation, and strengthening capacity building and technical assistance in this regard; (b) Developing standardized methodology and mechanisms to evaluate risk and needs assessment tools; (c) Putting in place effective oversight mechanisms to ensure the accountability of professionals involved in risk and needs assessments, the transparency of the assessment process; (d) Sharing relevant experiences and expertise with other States, regional organizations, multilateral forums and civil society organizations; 13. Urges Member States to ensure that all measures taken to counter terrorism comply with their obligations under international law, including international humanitarian law, international human rights law and international refugee law, and urges States to take into account the potential effects of counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law; 14. Stresses the importance of ensuring that efforts to implement “Disarmament, Demobilization and Reintegration” (DDR) programmes are conducted in accordance with relevant Security Council resolutions and relevant international instruments relating to counter-terrorism; 15. Recognizes the significant challenge of radicalization to terrorism and terrorist recruitment in prisons and acknowledges the need to seek to prevent prisons from serving as potential incubators for radicalization to terrorism and terrorist recruitment, and to make efforts to ensure that prisons can serve to rehabilitate and reintegrate prisoners which may contribute to reducing recidivism and to preventing further terrorist radicalization in prisons; 16. Calls upon Member States to put emphasis on the aspect of countering radicalization to terrorism in rehabilitation and reintegration programs as part of comprehensive measures in countering terrorism; 17. 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 terrorism and terrorist recruitment, in line with their obligations under international law and taking into account, the relevant guidance developed by the UNODC, and explore ways to prevent, within their prison systems, radicalization to terrorism, and to promote rehabilitation and reintegration of convicted terrorists, as well as to impede cooperation and transfer of skills and knowledge between terrorists and other criminals, while respecting international human rights law; 18. Encourages all Member States to cooperate in efforts to address the threat posed by FTFs, including by bringing them to justice, preventing the radicalization to terrorism and recruitment of FTFs and accompanying family members, particularly accompanying children, including by facilitating the return of the children to their countries of origin, as appropriate and on a case by case basis, preventing FTFs from crossing their borders, disrupting and preventing financial support to FTFs, and developing and implementing prosecution, rehabilitation and reintegration strategies, and in this regard welcomes the ongoing efforts of Member States aimed at bringing FTFs to justice in a manner consistent with international law, including through international cooperation and regional partnerships; 19. Encourages Member States to develop programs to promote continuity, and sustainability between criminal justice-based rehabilitation and reintegration programs and post-release and rehabilitation and reintegration programs, including, where appropriate, information-sharing, and monitoring and evaluation mechanisms, while respecting applicable international law, including international human rights law; 20. Recognizes the role of regional and subregional organizations and mechanisms, consistent with Chapter VIII of the Charter of the United Nations, in contributing to the effective implementation of Security Council resolutions, in strengthening the capacities of Member States, in facilitating technical assistance and information sharing, and in developing comprehensive and coherent regional counter terrorism strategies, and encourages them to keep the Counter-Terrorism Committee (CTC) informed of relevant developments in this regard, including through potential briefings to the Committee; 21. Request relevant United Nations entities, and calls upon international, regional and sub-regional organizations, and Member States to identify mechanisms and to provide technical assistance and capacity building, to Member States, upon their request, to support them in developing and implementing comprehensive and tailored prosecution, rehabilitation and reintegration strategies, and encourages the CTC, with the support of Counter-Terrorism Executive Directorate (CTED) and relevant United Nations entities, including the United Nations Office of Counter - Terrorism (UNOCT), and other members and observers of the United Nations Global Counter-Terrorism Coordination Compact, as appropriate to continue working together to facilitate technical assistance and capacity building and to raise awareness in this area; 22. 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 FTFs, 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; 23. Calls upon all Member States to refrain from depriving a person alleged to have committed terrorist acts of his/her nationality, if such deprivation would render him/her stateless, consistent with applicable domestic and international law; 24. Calls upon Member States to consider ratifying and using applicable international, regional and bilateral instruments to which they are parties, including the international instruments relating to terrorism, as a basis for mutual legal assistance, in accordance with resolution 2322 (2016), and, as appropriate, for extradition in terrorism cases, consistent with international human rights law, international humanitarian law and international refugee law, encourages Member States to cooperate, on the basis of reciprocity or on a case-by-case basis, in the absence of applicable conventions or provisions, and emphasizes the need for Member States to act in accordance with their obligations under national legislations and international law in order to find and bring to justice, extradite or prosecute terrorist suspects; 25. Calls upon Member States to establish, where possible, mechanisms and legal frameworks for joint investigations and to develop the capacity to enhance the coordination of such investigations, ensuring that national mechanisms are in place to allow for international cooperation, with full respect to their obligations under international law, including, as appropriate, the creation and/or use of joint investigation mechanisms, and bilateral and multilateral arrangements for international cooperation; 26. Notes that some Member States may face technical assistance and capacity building challenges when implementing this resolution, and encourages the provision of assistance from donor states, upon their request, to help address such gaps and further encourages relevant United Nations entities, including the UNOCT, UNODC, and other members and observers of the United Nations Global Counter-Terrorism Coordination Compact, as appropriate to further enhance, in close consultation with the CTC and CTED, the provision and delivery of technical assistance to States, upon request to better support Member States’ efforts to implement this resolution; 27. Directs the CTC, with the support of the CTED and in coordination with other relevant UN entities, to further identify and examine Member States’ efforts in developing and implementing comprehensive and tailored prosecution, rehabilitation and reintegration strategies, in accordance with national laws and practices, with the aim of identifying good practices, gaps and vulnerabilities in this field, including related to development and implementation of Disarmament, Demobilization and Reintegration (DDR) programmes and their compliance with relevant Security Council resolutions and international instruments relating to counter terrorism. in this regard, requests CTED, in accordance with Security Council resolution 2395 (2017), and in cooperation with the UNOCT and other members and observers of the United Nations Global Counter-Terrorism Coordination Compact, as appropriate, to further integrate consideration of prosecution, rehabilitation and reintegration strategies into its country assessments and analyses and to identify emerging trends and gaps in this regard; 28. Directs the CTC, with the support of CTED, in coordination with UNOCT and other members and observers of the United Nations Global Counter-Terrorism Coordination Compact, as appropriate, to hold by the end of December 2021 an Open Briefing on steps Member States have taken to implement strategies related to Prosecution, Rehabilitation and Reintegration; 29. Decides to remain seized of this matter.

UN Project. “S/2020/852.” UN Project, https://un-project.org/votes/resolution/S-2020-852/. Accessed .

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