United Nations Security Council Resolution 2396 – Threats to international peace and security caused by terrorist acts

Resolution 2396 (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 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 t he 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 o r 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 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 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 AgainstTerrorism 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,

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 invit ation 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,

Adopted by the Security Council at its 8148th meeting, on 21 December 2017.