United Nations Security Council Resolution 2395 – Threats to international peace and security caused by terrorist acts

Resolution 2395 (2017)

The Security Council,

Recalling, in particular, resolution 1535 (2004), resolution 1787 (2007), resolution 1805 (2008), resolution 1963 (2010), and resolution 2129 (2013), which pertain to the Counterterrorism Committee Executive Directorate (CTED), and reaffirming the crucial role of its Counterterrorism Committee (CTC) and CTED in ensuring the full implementation of resolution 1373 (2001), and reaffirming its resolutions 1267 (1999), 1325 (2000), 1368 (2001), 1566 (2004), 1624 (2005), 1894 (2009), 2106 (2013), 2122 (2013), 2133 (2014), 2150 (2014), 2170 (2014), 2178 (2014), 2185 (2014), 2195 (2015), 2199 (2015), 2220 (2015), 2242 (2015), 2249 (2015), 2253 (2015), 2309 (2016), 2322 (2016), 2331 (2016), 2341 (2017), 2347 (2017), 2354 (2017), 2368 (2017), 2370 (2017), 2379 (2017), 2388 (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 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,

Recognizing 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,

Recognizing 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 Pillars I and IV of the United Nations Global Counterterrorism Strategy (A/RES/60/288) including, but not limited to, the need to strengthen efforts for the successful prevention and peaceful resolution of prolonged conflict, and the need to promote the rule of law, the protection of human rights and fundamental freedoms, good governance, tolerance, and inclusiveness to offer a viable alternative to those who could be susceptible to terrorist recruitment and to radicalization leading to violence,

Reaffirming that the promotion and protection of human rights for all and the rule of law are essential components of counterterrorism, and recognizing that effective counterterrorism measures and the protection of human rights are not conflicting goals, but complementary and mutually reinforcing, and stressing the need to promote and protect the rights of victims of terrorism,

Reaffirming that Member States must ensure that any measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee, and international humanitarian law, and underscoring that effective counterterrorism measures and respect for human rights, fundamental freedoms, and the rule of law are complementary and mutually reinforcing, and are an essential part of a successful counterterrorism effort, and noting the importance of respect for the rule of law so as to effectively prevent and combat terrorism,

Reaffirming that terrorism should not be associated with any religion, nationality, civilization, or group,

Stressing that Member States have the primary responsibility in countering terrorist acts and violent extremism conducive to terrorism,

Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations,

Reaffirming its call upon all States to become party to the international counterterrorism conventions and protocols as soon as possible, and to fully implement their obligations under those to which they are a party,

Underscoring the central role of the United Nations in the global fight against terrorism and welcoming the fifth review of the United Nations Global Counterterrorism Strategy (GCTS) (document A/RES/70/291) of 1 July 2016, which affirmed the importance of integrated and balanced implementation of all four pillars of the GCTS, and expressing support for the creation and activities of the United Nations Office of Counterterrorism (UNOCT), in accordance with General Assembly resolution 71/291 of 15 June 2017, and its central role in promoting the balanced implementation of the GCTS,

Underscoring the importance of strong coordination and cooperation between CTED and UNOCT, as they work within their mandates and in their distinct roles to ensure effective United Nations engagement with Member States to improve the implementation of the GCTS in a balanced manner as well as other counterterrorism resolutions, and to ensure effective United Nations engagement with other relevant international, regional, and sub-regional organizations, and key counterterrorism partners such as the Global Counterterrorism Forum (GCTF) and relevant civil society, academia, think tanks, and the private sector, and noting the importance of engaging, as appropriate, with women-, youth-, and locally-focused entities,

Expressing grave concern that foreign terrorist fighters (FTFs) who have joined entities such as ISIL, also known as Da’esh, the Al-Nusrah Front and other cells, affiliates, splinter groups or derivatives of ISIL or Al-Qaida, may be seeking to return to their countries of origin or nationality, or to relocate to third countries, and recalling that all States shall in accordance with their relevant international obligations, including international human rights law, take specific actions to address the threat posed by FTFs and underscoring the urgent need to implement fully and immediately resolutions 2178,

Welcoming recent developments and initiatives at the international, regional, and subregional levels to prevent and suppress international terrorism, including the CTC’s 2015 Madrid Guiding Principles,

Reiterating further the obligation of Member States to prevent the movement of terrorists or terrorist groups by, inter alia, effective border controls, and, in this context, urging Member States to exchange information expeditiously, improve cooperation among competent authorities to prevent the movement of terrorists and terrorist groups to and from their territories, the supply of weapons for terrorists and financing that would support terrorists and terrorist groups, and underlining that safe havens provided to terrorists continue to be a significant concern and that all Member States must cooperate fully in the fight against terrorism in order to find, deny safe haven to, and bring to justice, extradite or prosecute, any person who supports, facilitates, participates or attempts to participate in the financing, planning, preparation or commission of terrorist acts or provides safe havens,

Stressing that the development and maintenance of fair and effective criminal justice systems, with full respect for and commitment to human rights and fundamental freedoms within a rule of law framework, must be central to any successful strategy to prevent and counter terrorism, noting the importance of Member State perspectives, and, noting the important role, leadership in capacity building, upon the request of Member States, and expertise of the United Nations Office on Drugs and Crime (UNODC), the United Nations Interregional Crime and Justice Research Institute (UNICRI), in coordination with other relevant United Nations agencies and relevant stakeholders, and encouraging CTED to cooperate closely with these entities,

Expressing concern that terrorist groups are actively seeking ways to defeat or circumvent aviation security, and affirming the role of the International Civil Aviation Organization (ICAO) as the United Nations organization responsible for developing international aviation security standards, monitoring their implementation by States and its role in assisting states in complying with these standards, and welcoming the approval by ICAO of the Global Aviation Security Plan as the global framework for progressive aviation security enhancement, and encouraging CTED to cooperate closely with ICAO,

Recognizing the challenges faced by Member States in the management of suspected and convicted terrorists in custody, encouraging Member States to collaborate and share best practices regarding well-managed custodial environments where human rights are respected and efforts to rehabilitate and reintegrate convicted terrorists are made, and noting the work in this regard of UNODC, UNICRI, and other relevant stakeholders,

Expressing concern regarding the connection, in some cases, between terrorism and transnational organized crime, including illicit trafficking in drugs, arms, and persons, as well as money-laundering, and emphasizing the need to enhance coordination of efforts at the local, national, subregional, regional, and international levels to respond to this serious challenge, in accordance with international law, and in the context of criminal justice and law enforcement systems with full respect for human rights, fundamental freedoms, and the rule of law,

Stressing the need to effectively counter the ways that ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities use the ir narratives to incite and recruit others to commit terrorist acts, and further recalling in this regard resolution 2354 (2017) and the “Comprehensive International Framework to Counter Terrorist Narratives” (S/2017/375) with recommended guidelines and good practices,

Reiterating the obligation of Member States to prevent and suppress the financing of terrorist acts, and criminalize 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 carry out terrorist acts, and reaffirming also the obligation of Member States to freeze without delay funds and other financial assets or economic resources of persons or entities who commit, or attempt to commit terrorist acts or participate in or facilitate the commission of terrorist acts, and reaffirming further the obligation of Member States to 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 terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a link to a specific terrorist act, 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,

Acknowledging the important work on countering the financing of terrorism of United Nations entities and other multilateral bodies and forums, including the Financial Action Task Force (FATF) and FATF-style regional bodies, and encouraging CTED to cooperate closely with these entities,

Recalling its decision that States shall eliminate the supply of weapons, including small arms and light weapons, to terrorists, as well as its calls for States to find ways of intensifying and accelerating the exchange of operational information regarding traffic in arms, and to enhance coordination of efforts on national, subregional, regional and international levels, and, in this regard, urging States to fully implement measures contained in resolution 2370 (2017),

Recognizing the need for Member States to prevent, using a risk-based approach, the abuse of non-governmental, non-profit and charitable organizations by and for terrorists, and calling upon non-governmental, non-profit, and charitable organizations to prevent and oppose, as appropriate, attempts by terrorists to abuse their status through risk mitigation measures, while recalling the importance of fully respecting the rights to freedom of expression and association of individuals in civil society and freedom of religion or belief, and noting the relevant recommendation and guidance documents of the FATF, and reiterating that States should identify and take effective and proportionate actions against non-profit organizations that either are exploited by, or knowingly support, terrorists or terrorist organizations, taking into account the specifics of the case,

Noting the work of the GCTF, in support of the balanced implementation of the GCTS, in particular its publication of several framework documents and good practices, including in the areas of countering violent extremism as conducive to terrorism, border security, soft targets, individuals radicalized to violence or directed by foreign terrorists, victims, criminal justice and the rule of law, returning and relocating foreign terrorist fighters and family members who travel with them, homegrown terrorists, capacity building in Africa, prosecution, rehabilitation, and reintegration, and kidnapping for ransom, complementing the work of relevant United Nations counterterrorism entities in these areas, and encouraging CTED to continue its interaction with the GCTF to promote the full implementation of resolutions 1373 (2001), 1624 (2005), 2178 (2014), and other relevant counterterrorism resolutions,

Recognizing the importance of civil society, including community-based civil society, the private sector, academia, think tanks, media, youth, women, and cultural, educational, and religious leaders in increasing awareness about the threats of terrorism and more effectively tackling them,

Expressing concern at the increased use, in a globalized society, by terrorists and their supporters of new information and communication technologies, in particular the Internet, for the purposes of recruitment and incitement to commit terrorist acts, as well as for the financing, planning and preparation of their activities, and underlining the need for Member States to act cooperatively to prevent terrorists from exploiting technology, communications and resources to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law,

Stressing the need for Member States to act cooperatively to prevent terrorists from exploiting information and communication technologies, as well as the need for Member States to continue voluntary cooperation with the 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 counterterrorist narratives and through technological solutions, all while respecting human rights and fundamental freedoms and in compliance with domestic and international law, 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, and 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,

Urging Member States and the United Nations system to take measures, pursuant to international law, to address the conditions conducive to the spread of terrorism and violent extremism as and when conducive to terrorism, and further emphasizing that countering violent extremism as and when conducive to terrorism, including preventing radicalization, recruitment, and mobilization of individuals into terrorist groups, is an essential element of addressing the threat to international peace and security posed by terrorism, in a balanced manner as set out in the GCTS,

Reaffirming the need to increase attention to women and youth in all work on threats to international peace and security caused by terrorist acts, and noting the importance of incorporating, as appropriate, the participation of women and youth in developing strategies to counter terrorism and violent extremism which can be conducive to terrorism,

Noting the crucial role of CTED within the United Nations and its expertise in assessing counterterrorism issues and in supporting the development and promotion of well-informed counterterrorism responses, and urging UNOCT and all other relevant UN bodies to take into account CTED recommendations and analysis in the implementation of their programs and mandates,

Welcoming continuing cooperation on counterterrorism efforts between CTED, ICAO, UNODC, all other relevant UN bodies, and INTERPOL, in particular on technical assistance and capacity building, and strongly encouraging their further engagement with UNOCT to ensure overall coordination and coherence in the counterterrorism efforts of the United Nations system,

Taking note of the “Technical Guide to the Implementation of Security Council resolution 1373 (2001) and Other Relevant Resolutions” updated by CTED,

Adopted by the Security Council at its 8146th meeting, on 21 December 2017.