Unanimously Adopting Resolution 2761 (2024), Security Council Approves Continued Humanitarian Exemption to Asset Freeze by Da’esh, Al-Qaida Sanctions Regime
The Security Council today decided to maintain the exemption of humanitarian aid providers from asset freeze measures imposed by the Da’esh and Al-Qaida sanctions regime — a decision that provides those personnel and entities with greater operational clarity and predictability, while maintaining systematic monitoring measures to prevent the carveout from being exploited by terrorist organizations.
Through the unanimous adoption of resolution 2761 (2024) (to be issued as document S/RES/2761(2024)) under Chapter VII of the Charter of the United Nations, the Council decided that the provisions introduced by paragraph 1 of resolution 2664 (2022) shall continue to apply to the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida sanctions regime, reiterating the importance of monitoring the implementation of these provisions.
It called on all States to cooperate fully with the 1267/1989/2253 Sanctions Committee and its Analytical Support and Sanctions Monitoring Team in the fulfilment of its tasks.
Taking into account reported cases of abuse of non-profit organizations, including as front organizations to raise, move or transfer funds by and for ISIL (Da’esh), Al-Qaida and their affiliates, the Council further affirmed the importance of its consideration of any information, including possible violations.
“We must do everything in our power to ensure that aid reaches populations in need, regardless of the context or the authorities controlling their territory,” stated Switzerland’s representative, introducing the text. Resolution 2664 (2022) was a historic step forward in protecting humanitarian operations while mitigating the unintended consequences of UN sanctions. It has facilitated aid access, fund transfers and the financing of humanitarian operations, and provided legal clarity for the private sector and humanitarian actors.
However, more work needs to be done to ensure the resolution's implementation by all States, she emphasized, underlining the need to realize its potential by ensuring the effective continuity of its application to all sanctions regimes. “The application of this exemption to sanctions under the 1267 regime against Da’esh, Al-Qaida and their affiliates is particularly relevant, as more than 100 million people living in the affected contexts are in need of humanitarian assistance,” she stressed.
For those people, “humanitarian assistance can mean the difference between life and death,” concurred her counterpart from the United States after the unanimous adoption of the draft. He stressed that hundreds of humanitarian providers are currently work in 30 countries, where individuals and entities sanctioned by the 1267 regime are active. Ten countries — including Nigeria, Afghanistan and Syria — host major humanitarian operations that deliver an exceptionally challenging context, he added.
As the world’s leading humanitarian donor, Washington, D.C., recognizes its responsibility to do everything in its power to reach the world’s most vulnerable. It also recognizes that humanitarians, donors, banks and suppliers serving people deserve the highest degree of legal predictability and protection. That requires that sanctions do not impede the work of legitimate, impartial humanitarian aid providers. “In fact, to date, we have seen no concrete evidence of significant aid diversion to the benefit of sanctioned actors,” he asserted.
The speaker for Sierra Leone observed that the resolution balances counter-terrorism measures with the need to protect human rights and facilitate humanitarian assistance, ensuring that aid reaches those in need, without being hindered by sanctions. The application of Chapter VII underscored the severity of the threat posed by Da’esh and Al-Qaida, justifying the use of sanctions to maintain international peace and security.
However, the Russian Federation’s representative pointed out that the draft fails to address the question of so-called secondary unilateral restrictions, which are imposed in addition to Council sanctions. Calling for impartial, apolitical delivery of humanitarian assistance, she said that Council sanctions should not affect humanitarian assistance. She also underscored the need for robust monitoring by the 1267 Sanctions Committee — with support from its monitoring team — to prevent assistance from falling into the hands of terrorists and counteract the activity of unverified organizations on the ground. “Preventing attempts to finance terrorism is our shared objective,” she stated.
In the same vein, China’s delegate emphasized the importance of Member States and humanitarian organizations adhering strictly to the resolution's requirements to ensure that terrorist organizations do not exploit the humanitarian carveout. He highlighted that, in contrast to Council-imposed sanctions, unilateral sanctions pose significant political and legal risks to humanitarian organizations and inflict considerable harm on affected countries. “The status quo is unacceptable,” he asserted, calling for an immediate end to those unilateral measures.
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