On the Adoption of UN Security Council Resolution 2396 on Foreign Terrorist Fighters

By The Observatory of International Law
In diciembre 26, 2017

Expressing grave concern over risks posed by foreign terrorist fighters returning from conflict zones, the Security Council today urged Member States to strengthen their efforts to stem the threat through measures on border control, criminal justice, information‑sharing and counter‑extremism.

Unanimously adopting resolution 2396 (2017), the Council, expressing concern that foreign terrorist fighters connected to Islamic State in Iraq and the Levant (ISIL/Da’esh), the Nusrah Front (ANF) and other cells, affiliates, splinter groups or derivatives, were returning to foster radicalization and attacks on soft targets, urged Member States to step up implementation of resolution 2178 (2014).

Towards that aim, the Council reiterated its call to Member States to cooperate and support each other’s efforts, noting that, in the 2014 resolution addressing foreign terrorist fighters, it had decided all States should establish serious criminal offenses in regard to the travel, recruitment, and financing of foreign terrorist fighters.

In addition, the Council called on Member States to strengthen measures to prevent the transit of terrorists.  Those measures included ensuring that identity documents were not forged, as well as employing evidence‑based risk assessments, screening procedures, and the collection and analysis of travel data to identify individuals who posed a terrorist threat, in accordance with domestic and international law, without resorting to profiling based on discrimination.

The Council further called on Member States to take appropriate action in regards to suspected terrorists and their accompanying family members who entered their territories, including by considering appropriate prosecution, rehabilitation, and reintegration measures in compliance with domestic and international law.  It also called upon Member States to notify other countries of the travel, arrival, deportation or detention of individuals whom they had reasonable grounds to believe were terrorists.

While emphasizing that Member States were obliged to bring to justice anyone who participated in terrorist acts, the Council stressed the importance of assisting women or children associated with foreign terrorist fighters who might be victims of terrorism.  It also underlined the need for tailored prosecution, rehabilitation and reintegration strategies for family members that might have abetted terrorist acts in varied roles.

Through the text, the Council also welcomed measures being taken to strengthen travel security, including the approval of a new Global Aviation Security Plan by the International Civil Aviation Organization (ICAO) and monitoring procedures, calling for continuous upgrading of such procedures in line with developing threats.  Outlining United Nations efforts to address returning and relocating foreign terrorist fighters, it urged strengthened cooperation between all counter‑terrorism bodies on the issue.


Source: https://www.un.org/press/en/2017/sc13138.doc.htm

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