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BDMI-MUN ‘ 2015

STUDY GUIDE UNSC

AGENDA : Reassessing and mitigating the isil

& anf situation

3rd – 5th April, 2015


Content:

History of UNSC

Profiling the ISIS

UN’s reactions

Country stances

Questions to be answered


1. Committee History

“We the peoples of the United Nations, determined to save succeeding generations from the

scourge of war, which twice in our lifetime has brought untold sorrow to mankind…”

Main Duties and Powers

The Preamble of the Charter of the United Nations defines one of the central aims of the United Nations as the maintenance of international peace and security. 2 The Security Council (SC) is the

principal organ of the United Nations tasked with achieving these goals.3 Therefore, the Charter of

the United Nations provides the SC with a vast array of powers that are unique within the United Nations system. 4

The SC stands at the heart of what was designed to be a system of collective security defined in

Article 2(4) of the Charter.5 The SC, therefore, bears the main responsibility for maintaining international peace and security.6 The Security Council is the only organ of the United Nations able to

authorize the use of force.7 Unlike other UN bodies, all decisions of the SC are binding upon all UN

Member States. 8

To solve international conflicts, the SC can apply a variety of measures listed Chapters VI and VII of

the Charter. 9Article 34 of the Charter enables the SC to “investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the

continuance of the dispute or situation is likely to endanger the maintenance of international peace

and security.” 10Any state which is a party to the issue may address the SC in cases of such disputes,

including states who are not members of the United Nations. 11,The SC can then encourage the parties to utilize peaceful measures to settle such a dispute. 12

The SC may also utilize military responses to “any threat to the peace, breach to the peace or act of aggression” if the SC determines that such an act has occurred. 13 These responses include economic

sanctions, as outlined in Article 41of the Charter, as well as military action that may be necessary to

maintain or restore international peace and security. 14 For the implementation of the enforcement

mechanism, the SC may partner with regional organizations.15

The SC may also establish subsidiary bodies “as it deems necessary for the performance of its

functions.”16 Currently, there are 10 subsidiary bodies.17 The SC is also tasked with recommending states to the General Assembly (GA) for admission to the United Nations.18 The Council also

nominates the Secretary-General of the United Nations (SG) for approval by the GA, which has

proven to be, in effect, the actual selection process of the SG.19 --------------------------------------------------------------------------------------------------------------------------- 1 United Nations General Assembly, Charter of the United Nations, 1945, Preamble. 2 Wolfrum, Preamble, 2002, p. 33-37. 3 Malone, Security Council, 2007, p. 117.

4 Malone, Security Council, 2007, p. 117. 5 United Nations, Charter of the United Nations, 1945, Chapter I, Art. 2(4). 6 United Nations, Charter of the United Nations, 1945, Chapter VI, Art. 24. 7 United Nations, Charter of the United Nations, 1945, Chapter VII, Art. 51. 8 United Nations Charter of the United Nations, 1945, Chapter VI, Art. 25. 9 United Nations, Charter of the United Nations, 1945, Chapters VI and VII. 10 United Nations, Charter of the United Nations, 1945, Chapter VII, Art. 34. 11 United Nations, Charter of the United Nations, 1945, Chapter V, Art. 35. 12 United Nations, Charter of the United Nations, 1945, Chapter VI, Art. 33 (1).

13 United Nations, Charter of the United Nations, 1945, Chapter VII, Art. 39. 14 United Nations, Charter of the United Nations, 1945, Chapter VII, Art. 42. 15 United Nations, Charter of the United Nations, 1945, Chapter VIII, Art. 53. 16 United Nations, Charter of the United Nations, 1945, Chapter V, Art. 29.


17 United Nations Department for Public Information, Security Council, Subsidiary Bodies, 2011. Security Council Report, Council Committees and other Subsidiary Bodies, 2011. 18 United Nations, Charter of the United Nations, 1945, Chapter II, Art. 4 (2). Security Council Report, Publications on Admission of New UN Member States, 2011. 19 United Nations, Charter of the United Nations, 1945, Chapter II, Art. 97.

Security Council Report, Special Research Report No. 3 Appointment of the UN Secretary-General, 2011.

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The SC may request investigation by the Prosecutor of the International Criminal Court (ICC) of

alleged crimes falling under the jurisdiction of the ICC; the Council may request investigation even if

the object of investigation is not a national of a state party to the Rome Statute.20

Peacekeeping is not specifically mentioned in the Charter, though peacekeeping operations have

developed as a very prominent tool of the SC in addressing conflicts.21 Therefore, peacekeeping is often referred to as “Chapter VI ½.”22

Voting and Membership

The SC consists of 15 Member States of the United Nations.23 There are five permanent Members of

the Council (P5), which are defined as the Republic of China (ROC), the Russian Federation, France,

the United Kingdom of Great Britain and Northern Ireland, and the United States of America.24 The Republic of China was, at the time of its inclusion as a permanent member of the Council, the

government controlling both mainland China and the island of Formosa; however, the People’s

Republic of China (PRC) has controlled the mainland since 1949, a status which was reflected when the General Assembly (GA) passed Resolution 2758 in 1971, replacing the ROC with the PRC in all

organs of the United Nations.25 Additionally, with the collapse of the Soviet Union in 1991, the

Russian Federation was recognized as the legal successor state to the USSR, and consequently took

over the USSR’s seat in UN organs such as the Security Council that year.26

The other 10 Member States of the SC are selected through a majority vote by the GA for a two-year

term on the Council, with five seats elected every year.27 The General Assembly has created a regional allocation system for these seats, with three African states, two Asian states, two Latin

American states, one Eastern European state, and two Western European and Other states holding

these seats.28

The voting procedure of the SC differs from that in other UN bodies. Every Member State of the SC

has one vote, and the majority needed for procedural votes in the SC is nine votes.29 For every

substantive vote, to pass, it is necessary to have nine votes in favor, including “the concurring votes of the permanent members,” a provision popularly described as “veto power.”30 Abstentions of

permanent members are not counted as negative votes.31While nowadays the veto is rarely used and

most of the SC decisions are based on consensus, the impact of ‘informal veto,’ or the threat of a veto, is very important during negotiations, circumscribing the debate if a potential course of action is

unacceptable to a permanent member.32

Brief History of the Security Council

The history of the SC can be divided into two phases: the first from the creation of the United Nations

until the mid-1980s and the second in the post-Cold War phase.33 With the onset of the Cold War shortly after the foundation of the United Nations, the SC found itself in gridlock, with the United

States and the Soviet Union making frequent use of their veto power.34 In order to circumvent the

deadlock in the Security Council over the Korea War, the GA passed Resolution 377, which is also referred to as the “Uniting for Peace” resolution, enabling the GA to consider SC topics in cases

where the SC fails to act in order to maintain international peace and security.35 “Uniting for


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20 International Criminal Court, Rome Statute of the International Criminal Court, 1998, Art. 13(b).

21 Bothe, Peacekeeping, 2002, p. 684f. Doyleand and Sambanis, Peacekeeping Operations, 2007, p. 324. 22 Berdal, The Council and Peacekeeping, 2008, p. 179. Doyle and Sambanis, Peacekeeping Operations, 2007, p. 324f. 23 United Nations, Charter of the United Nations, 1945, Chapter V Art. 23 (1). 24 United Nations, Charter of the United Nations, 1945, Chapter V Art .23 (1). 25 United Nations General Assembly, Resolution 2758, 1971. 26 Geiger, Article 23, B. Permanent Members, 2002, p. 439. 27 United Nations, Charter of the United Nations, 1945, Chapter V Art. 23 (2).

28 United Nations General Assembly, Resolution 1991, 1963. Geiger, Article 23, B. Permanent Members, 2002, p. 440. 29 United Nations, Charter of the United Nations, 1945, Chapter V Art. 27 (2). 30 United Nations, Charter of the United Nations, 1945, Chapter V Art. 27 (3). 31 Simma, Brunner and Kaul, Article 27, 2002, p. 493. 32 Simma, Brunner, and Kaul, Article 27, 2002, p. 515. 33 Malone, Security Council, 2007, p.117. 34 Malone, Security Council, 2007, p.121.

35 United Nations General Assembly, Resolution 377, 1950.

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Peace” shaped the balance of power between the SC and the GA and enabled the establishment of the

first peacekeeping mission in the Suez Crisis of 1956.36

The end of the Cold War marked new opportunities for the SC.37 Consequently, the Council

expanded its fields of concern and intensified its peacekeeping efforts.38 At present, some 119,809

UN peacekeepers serve in 15 peacekeeping missions.39 Additionally, economic sanctions, an

intermediate step prior to military enforcement, became an essential instrument of the SC’s response

to threats to international peace and security.40

The SC has increasingly expanded its view of what constitutes a threat to security, moving from

addressing security among states to also addressing human security.41 This has led to the Council authorizing humanitarian interventions, although this has been inconsistent, with some cases of severe

human rights violations leading to action and others, due to lack of agreement, being essentially

ignored.42 The SC also created the International Criminal Tribunals for Yugoslavia and Rwanda to

prosecute the war crimes of the respective conflicts.43

Before the end of the Cold War, the SC paid little attention to the issue of terrorism.44 With the

increased awareness of the threat posed by groups such as Al Qaeda, the SC moved from case-specific action towards a more general approach, viewing terrorism as a thematic topic.45 After the attacks on

the United States of September 11, 2001 the SC passed Resolution 1373, obligating all Member States

to take measures against terrorist activities.46 The Council also created committees monitoring the

requested counter-terrorism activities.47 The Council also adopted Resolution 1540 on the topic, which obliges Member States to take measures against the possible acquisition of weapons of

mass destruction by terrorist groups.48

The Security Council has also expanded its work in the area of Protection of Civilians (POC).49 The

Council had previously addressed issues related to refugees and humanitarian aid in the contexts of

conflicts in the Balkans and in Somalia.50 In Resolution 1208 (1999), the SC directly addressed the issue refugee security in African refugee camps.51 Particular attention was also paid to vulnerable

groups, such as women and children, in the context of the Protection of Civilians agenda item.52

Other issues the Council has increasingly viewed as part of its mandate include HIV/AIDS and global

warming, though the Council has not yet passed a resolution on the latter topic.53 --------------------------------------------------------------------------------------------------------------------


36 Zaum, The Uniting for Peace Resolution, 2008, p. 155. Louis, The UN and the Suez Crisis, 2008, p. 296. 37 Greenstock, The Security Council in the Post-Cold War World, 2008,p. 248f. 38 Malone, Security Council, 2007, p. 122. 39 United Nations Department on Public Information, United Nations Peacekeeping Factsheet, 2011. 40 Coertright, and Gerber, The Sanctions Era: Trends in UN Security Council Sanctions since 1990, 2008, p. 205. 41 Hampson and Penny, Human Security, 2008, p. 539ff.

42 Welsh, The Council and Humanitarian Intervention, 2008, p. 535ff. 43 United Nations International Criminal Tribunal for the former Yugoslavia, About the ICTY, 2011. United Nations International Criminal Tribunal for Rwanda, General Information, 2011. 44 Boulden, The Security Council and Terrorism, 2008, p. 609. 45 Boulden, The Security Council and Terrorism, 2008, p. 611. United Nations Security Council, Resolution 731, 1992. United Nations Security Council, Resolution 1269, 1999. 46 United Nations Security Council, Resolution 1373, 2001.

47 United Nations Department of Public Information, UN Action to Counter Terrorism, Security Council Actions to Counter Terrorism Counter-terrorism and related bodies, 2010. 48 United Nations Security Council, Resolution 1540, 2004. 49 Security Council Report, Cross Cutting Report No. 2 Protection of Civilians, 2011. 50 Welsh, The Council and Humanitarian Intervention, 2008, p. 540. Smith, The Council and the Bosnian Conflict, 2008, p. 446. 51 United Nations Security Council, Resolution 1208, 1998. 52 United Nations Security Council, Resolution 1261, 1999. United nations Security Council, Resolution 1820, 2008.

53 United Nations Security Council, Resolution 1308, 2000. UN Department of Public Information, Security Council holds first-ever debate on impact of climate change on peace, security,hearing over 50 speakers, 2007.

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Criticism and Reform Initiatives

The SC has been target of heavy criticism from various fronts. The most common criticism is that the P5 system reflects the power dynamic of the post-World War II period and not today’s world.54

There have been numerous related reform proposals. Currently there are two groups of states pushing

for the inclusion of new permanent members to the SC: the G4 (India, Brazil, Japan and Germany),

which supports increased permanent membership, and the “Uniting for Consensus” group (also known as the Coffee Club), which consists of Italy, Pakistan, South Korea, Spain, Mexico, Turkey,

Canada, and Malta, and which supports permanent seats on a regional, rotating basis, as well as

renewable, longer-term non-permanent seats.55 Finally, the Small Five (Costa Rica, Jordan, Liechtenstein, Singapore, and Switzerland) is pushing for a general reform of the working methods of

the Security Council.56

In adopting Resolutions 1373 and 1540, the SC has been described as moving towards a rule as a “world legislator” imposing obligations on Member States by “establishing new binding rules of

international law,” a development strongly contested.57

Annotated Bibliography

I. Committee History Doyle, M. and N. Sambanis. (2007). Peacekeeping Operations. In: Weiss and Daws: The Oxford

Handbook on the United Nations (pp. 117-135). Oxford: Oxford University Press. This very comprehensive chapter of the Oxford Handbook on the United Nations gives an excellent overview over the development of UN peacekeeping operations. Moreover it also goes deeper in the theory of peacekeeping in general with a special focus on the efficiency of such operations. The chapter includes many helpful tables and graphs, giving an excellent overview over all passed and current UN peacekeeping operations until 2007.


International Criminal Court. (1998). Rome Statute of the International Criminal Court. Retrieved

August 28, 2011, from http://www.icc-cpi.int/Menus/ICC/Legal+Texts+and+Tools/Official+Journal/Rome+Statute.htm. The Rome Statute of the International Criminal Court (ICC) is the constituting Treaty creating the ICC and lining out its competences and rules of procedure. Though delegates in the SC are not requested to be experts in Court specific issues they should be aware of the connection between the SC and the ICC and the practice of the SC of requesting investigation by the Chief Prosecutor of

the ICC in some prominent cases. Delegates should thus be aware of the mechanism ruled out in Article 13 of the Rome Statute.

Security Council Report (2011). Cross Cutting Report No. 2 Protection of Civilians. Retrieved

October 10, 2011, from http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.7566867/k.D247/CrossCutting_Report_

No_2brProtection_of_Civiliansbr20_July_2011.htm Security Council Report is the most comprehensive civil society source on the work of the Security Council. Security Council Report, which is affiliated with Center on International Organization in the School of International and Public Affairs at Columbia University but also funded by UN Member States. Provides very good reports on the agenda of the Security Council and should be one of the primary sources to consult preparation.

Simma, B. (2002). The Charter of the United Nations: A Commentary. Oxford: Oxford University

Press.

--------------------------------------------------------------------------------------------------------------------------- 54 Fassbender, Pressure for Security Council Reform, 2004, p. 342. 55 The Permanent Mission of Germany to the United Nations, Joint statement on the Ministerial Meeting of the G4 on Security Council Reform in the margins of the 66th UN General Assembly, 2011. Secretaría des Relationes Exteriores, Mexico’s Position on UN Security Council Reform, 2011.

56 Center for UN Reform Education, S5 presents draft resolution on Improving Working Methods of the Security Council, 2011. 57 Johnstone, The Security Council as legislature, 2008, p. 81. Cohen, A Global State of Emergency or the Further Constitutionalization of International Law: A Pluralist Approach, 2008, p.457.

Simma’s commentary is commonly seen as the most decisive book on the Charter of the United Nations. The current edition, published in 2002, includes new contemporary issues like terrorism

though still lacks the most recent developments such as the implementation of the R2P. The commentary also provides vast information on the legislative history of the UN Charter and

discusses the general meaning and problems of the different Articles of the Charter in great detail.

United Nations Department on Public Information. (2011). United Nations Peacekeeping Factsheet. Retrieved August 17, 2011, from

http://www.un.org/en/peacekeeping/resources/statistics/factsheet.shtml The United Nations Peacekeeping Factsheet provides up-to-date information and statistics on current UN peacekeeping missions. All current UN peacekeeping missions are listed as hyperlinks for further information. Furthermore the homepage of the UN peacekeeping missions allocates information on all past and present UN peacekeeping missions including statistics on troop contributors, fatalities, gender, etc.

United Nations General Assembly. (1963). Resolution 1991. Retrieved September 14, 2011, from http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/1991%28XVIII%29&Lang=E&Area=RE

SOLUTION United Nations General Assembly Resolution 1991 set in place the only change in the UN Charter wording affecting the Security Council. The Resolution changed the number of Security Council Member States from 12 to 15, taking into consideration the growth of UN membership beginning with the period of decolonialization. Furthermore it specifies the composition of the nonpermanent SC Member States specifying Art. 23 (1) of the UN Charter. For the understanding of the current composition of the SC and also the procedure of a SC reform delegates should be aware of this resolution.

http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.7566867/k.D247/CrossCutting_Report_No_2brProtect

http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.7566867/k.D247/CrossCutting_Report_No_2brProtect


United Nations Department of Public Information. (2010). UN Action to Counter Terrorism. Security

Council Actions to Counter Terrorism. Retrieved September 20, 2011, from http://www.un.org/terrorism/sc-

res.shtml This Web page provides an overview over all UN counter terrorism activities. In the section of the Security Council all Security Council Resolutions, presidential statements, notes and letters dealing with the issue are listed and linked. Furthermore the Web page gives an overview over the SC’s counter terrorism bodies.


STUDY GUIDE FAQ

What is this study guide?

This is a tool to enable you to better understand your agenda.

What is this study guide not?

This is not the be all, end all of your research as a delegate in the UNSC at BDMI

mun. This is only the start of your research and must be accompanied by your

own extensive research in the following spheres:

1. Basic council research: Look into the inner workings of the UNSC. Understand

their mandate and how they make decisions.

2. Basic country research: Understand your own country. Know as much about

your allotted country as a well educated adult of that country does.

3. Basic Agenda research: Read the study guide. Go through the references given,

and look for more information on the ISIS, who they are, and what they do.

4. ‘Frenemy’ research: Understand the international relations of your nation. Find

out who has your back in council, and who doesn’t.


PROFILING THE ISIS

The threat posed by Sunni jihadi militancy has been evolving for some time. While

terrorist plots against Western targets continue to surface, the principal threat to

Western interests today is posed by increasing instability in the Middle East, which

jihadi groups have exploited in order to emerge, expand, and consolidate

operations.

Intense turmoil in Syria and Iraq in recent years has created socio-political

vacuums in which jihadi groups have been able to thrive. Most notable in this

respect has been the rise to prominence of the Islamic State (IS), previously known

as the Islamic State in Iraq and al-Sham (ISIS).

After IS declared the establishment of a caliphate stretching across 423 miles of

Iraq and Syria on June 29, 2014 the perceived threat posed by the group has led to

the initiation of air and cruise missile strikes against IS targets in Iraq and

northern Syria in August 2014. While led by the United States, this ongoing

intervention has been a coalition initiative, involving local, regional, and

international states opposed to IS’s existence.

Although currently centered within Syria and Iraq, IS’s roots lie in Jordan and

Afghanistan and date back to at least 1999. However, IS has evolved consider-ably

since then, transforming from a small and loosely structured body with broad

international ambitions to a vast organization focused on governing as an Islamic

state across nation state boundaries.


Throughout this 15-year period, IS and its various predecessors have undergone a

significant process of operational and organizational learning. While a first attempt

at Islamic state building in 2006-2008 proved overzealous and alienating, a second

attempt from 2013 onwards has proven more sustainable, although concerted

international intervention begun in 2014 will pose a serious challenge to its

success. Nevertheless, through its impressive advances across large swathes of Iraq

and Syria in 2013 and 2014, IS has arguably proven a more successful

organization than al-Qaeda.

From a military point of view, IS commands as many as 31,000 fighters, approxi-

mately 20,000-25,000 of which are core, ideologically loyal full-time members.

Through its capacity to sustain offensive momentum and maintain consistent

material gains, IS has become an impressively versatile organization, operating

simultaneously as a terrorist, insurgent, and light infantry force.

This still from an ISIS video shows two captured Japanese hostages. ISIS propaganda frequently

contains footage of human rights violations and brutal killings.


Backed by extreme ideological determination, IS militants have exploited local

dynamics and an environment of instability to serve their own ends. Through direct

and indirect intimidation, guerrilla and insurgent warfare, and more orthodox

large-scale military assaults on multiple axes, IS has proven a militant force

capable of defeating national armies and rival insurgent factions.

Internally, IS has evolved into a highly bureaucratic organization focused on

earning a sufficient income to finance widespread governance initiatives. Its focus

on maintaining financial independence—in comparison to the traditional al-Qaeda

model of relying on external donors and financiers—has induced the group to

develop multiple sources of income, including oil, gas, agriculture, taxation,

extortion, kidnapping for ransom, black market antique selling, and other illicit

trades. By September 2014, IS was earning approximately $2 million per day,

making it the wealthiest terrorist organization in the world.

IS should be assessed and countered as representing a more advanced threat than

a simple terrorist organization. Its explicit objective is to establish and maintain a

self-sufficient Islamic state and, as such, IS has attached its ability to rule and

govern as a determinant of success. Within a broader context of instability and

conflict, IS’s combination of tough law and repression with the provision of key

services and assistance has at times led to a measure of tacit acceptance on a local

level.

IS maintains ambitious objectives in both Syria and Iraq, and since the start of

coalition strikes, has openly encouraged attacks by its members or supporters in

the West. Moreover, an expansion of IS operations into other Middle Eastern states,

including Lebanon, Jordan, Turkey, and Saudi Arabia should not be discounted.


Continuing pledges of allegiance from existing jihadi factions around the world

underline the influence IS exerts within the international jihadi community.

While IS will always be a terrorist organization at its most basic level, its effective

attempt at establishing a proto-state across Syria and Iraq has demonstrated the

scale of its goals and capabilities. By expanding amidst a tremendous wave of

regional instability and by exploiting and exacerbating such conditions, IS

successfully gained military power, a multiplying international membership, and

unprecedented financial resources. The key to undermining IS’s long-term

sustainability, therefore, is to solve the socio-political failures within its areas of

operation. More immediately, local, regional and international states can adopt a

series of policies aimed at: 1) countering IS’s financial strength and ability to fund

the provision of governance and social services to civilians; 2) neutralizing IS’s

capacity for military mobility and the rapid re-deployment of manpower; 3)

collecting and acting on intelligence relating to IS’s senior leadership and military

command and control structure; 4) weakening and delegitimizing IS’s effective use

of social media for recruitment and information operations; and 5) seeking to

stabilize the existing conflict dynamics in both Syria and Iraq.


UN Reactions

The UN has reacted strongly to the rise of the ISIS. Below are certain excerpts

which illustrate the same:

1. Security Council Adopts Resolution 2170 (2014) Condemning Gross,

Widespread Abuse of Human Rights by Extremist Groups in Iraq, Syria on 15

Aug

“The Security Council,

“Reaffirming its resolutions 1267 (1999), 1373 (2001), 1618 (2005), 1624 (2005), 2083 (2012),

2129 (2013), 2133 (2014), 2161 (2014) and its relevant Presidential Statements,

“Reaffirming the independence, sovereignty, unity and territorial integrity of the Republic of Iraq and

Syrian Arab Republic, and reaffirming further the purposes and principles of the Charter of the United

Nations,

UNPKF forces use high-powered binoculars to observe the fighting near the Syrian town of Quinnetra

[Photo: Atef Sadafi/Newscom]


“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,

“Expressing its gravest concern that territory in parts of Iraq and Syria is under the control of Islamic

State in Iraq and the Levant (ISIL) and Al Nusrah Front (ANF) and about the negative impact of their

presence, violent extremist ideology and actions on stability in Iraq, Syria and the region, including

the devastating humanitarian impact on the civilian populations which has led to the displacement of

millions of people, and about their acts of violence that foment sectarian tensions,

“Reiterating its condemnation of ISIL, ANF and all other individuals, groups, undertakings and entities

associated with Al-Qaida for ongoing and multiple criminal terrorist acts aimed at causing the deaths

of civilians and other victims, destruction of property and of cultural and religious sites, and greatly

undermining stability, andrecalling that the asset freeze, travel ban and arms embargo requirements

in paragraph 1 of resolution 2161 (2014) apply to ISIL, ANF, and all other individuals, groups,

undertakings, and entities associated with Al-Qaida,

“Reaffirming that terrorism, including the actions of ISIL, cannot and should not be associated with

any religion, nationality, or civilization,

“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,

“Reaffirming that Member States must ensure that any measures taken to combat terrorism,

including while implementing this resolution, comply with all their obligations under international

law, in particular international human rights, refugee and international humanitarian law, and

underscoring that effective counter-terrorism 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 counter-terrorism effort, and notes the importance of respect for the rule of law so as

to effectively prevent and combat terrorism,


“Reaffirming that those who have committed or are otherwise responsible for violations of

international humanitarian law or violations or abuses of human rights in Iraq and Syria, including

persecution of individuals on the basis of their religion or belief, or on political grounds, must be held

accountable,

“Gravely concerned by the financing of, and financial and other resources obtained by, ISIL, ANF and

all other individuals, groups, undertakings, and entities associated with Al-Qaida, and underscoring

that these resources will support their future terrorist activities,

“Strongly condemning incidents of kidnapping and hostage-taking committed by ISIL, ANF and all

other individuals, groups, undertakings and entities associated with Al-Qaida for any purpose,

including with the aim of raising funds or gaining political concessions, expressing its determination to

prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release

of hostages without ransom payments or political concessions, in accordance with applicable

international law, calling upon all Member States to prevent terrorists from benefiting directly or

indirectly from ransom payments or from political concessions and to secure the safe release of

hostages, and reaffirming the need for all Member States to cooperate closely during incidents of

kidnapping and hostage-taking committed by terrorist groups,

“Expressing concern at the flow of foreign terrorist fighters to ISIL, ANF and all other individuals,

groups, undertakings and entities associated with Al-Qaida, and the scale of this phenomenon,

“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,


“Condemning in the strongest terms the incitement of terrorist acts and repudiating attempts at the

justification or glorification (apologie) of terrorist acts that may incite further terrorist acts,

“Underlining the primary responsibility of Member States to protect civilian population on their

territories, in accordance with their obligations under international law,

“Urging all parties to protect the civilian population, in particular women and children, affected by the

violent activities of ISIL, ANF and all other individuals, groups, undertakings and entities associated

with Al-Qaida, especially against any form of sexual violence,

“Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations

and international law, including applicable international human rights, refugee and humanitarian

law, threats to international peace and security caused by terrorist acts, stressing in this regard the

important role the United Nations plays in leading and coordinating this effort,

“Noting with concern the continued threat posed to international peace and security by ISIL, ANF and

all other individuals, groups, undertakings and entities associated with Al-Qaida, and reaffirming its

resolve to address all aspects of that threat,

“Acting under Chapter VII of the Charter of the United Nations,

“1. Deplores and condemns in the strongest terms the terrorist acts of ISIL and its violent extremist

ideology, and its continued gross, systematic and widespread abuses of human rights and violations

of international humanitarian law;

“2. Strongly condemns the indiscriminate killing and deliberate targeting of civilians, numerous

atrocities, mass executions and extrajudicial killings, including of soldiers, persecution of individuals

and entire communities on the basis of their religion or belief, kidnapping of civilians, forced

displacement of members of minority groups, killing and maiming of children, recruitment and use of

children, rape and other forms of sexual violence, arbitrary detention, attacks on schools and

hospitals, destruction of cultural and religious sites and obstructing the exercise of economic, social

and cultural rights, including the right to education, especially in the Syrian governorates of Ar-


Raqqah, Deir ez-Zor, Aleppo and Idlib, in northern Iraq, especially in Tamim, Salaheddine and Niniveh

Provinces;

“3. Recalls that widespread or systematic attacks directed against any civilian populations because

of their ethnic or political background, religion or belief may constitute a crime against

humanity, emphasizes the need to ensure that ISIL, ANF and all other individuals, groups,

undertakings and entities associated with Al-Qaida are held accountable for abuses of human rights

and violations of international humanitarian law, urges all parties to prevent such violations and

abuses;

“4. Demands that ISIL, ANF and all other individuals, groups, undertakings and entities associated

with Al-Qaida cease all violence and terrorist acts, and disarm and disband with immediate effect;

“5. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate

in efforts to find and bring to justice individuals, groups, undertakings and entities associated with

Al-Qaida including ISIL and ANF who perpetrate, organize and sponsor terrorist acts and in this

regard underlines the importance of regional cooperation;

“6. Reiterates its call upon all States to take all measures as may be necessary and appropriate and

in accordance with their obligations under international law to counter incitement of terrorist acts

motivated by extremism and intolerance perpetrated by individuals or entities associated with ISIL,

ANF and Al-Qaida and to prevent the subversion of educational, cultural, and religious institutions by

terrorists and their supporters;

Foreign Terrorist Fighters

“7. Condemns the recruitment by ISIL, ANF and all other individuals, groups, undertakings and

entities associated with Al-Qaida of foreign terrorist fighters, whose presence is exacerbating conflict

and contributing to violent radicalization, demands that all foreign terrorist fighters associated with

ISIL and other terrorist groups withdraw immediately, and expresses its readiness to consider listing

those recruiting for or participating in the activities of ISIL, ANF and all other individuals, groups,


undertakings and entities associated with Al-Qaida under the Al-Qaida sanctions regime, including

through financing or facilitating, for ISIL or ANF, of travel of foreign terrorist fighters;

“8. Calls upon all Member States to take national measures to suppress the flow of foreign terrorist

fighters to, and bring to justice, in accordance with applicable international law, foreign terrorist

fighters of, ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-

Qaida, reiterates further the obligation of Member States to prevent the movement of terrorists or

terrorist groups, in accordance with applicable international law, by, inter alia, effective border

controls, and, in this context, 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;

“9. Encourages all Member States to engage with those within their territories at risk of recruitment

and violent radicalization to discourage travel to Syria and Iraq for the purposes of supporting or

fighting for ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-

Qaida;

“10. Reaffirms its decision that States shall prevent the direct or indirect supply, sale, or transfer to

ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida from

their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of

arms and related materiel of all types including weapons and ammunition, military vehicles and

equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice,

assistance or training related to military activities, 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;

Terrorist Financing

“11. Reaffirms its resolution 1373 (2001) and in particular its decisions that all States shall prevent

and suppress the financing of terrorist acts and refrain from providing any form of support, active or

passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of

members of terrorist groups and eliminating the supply of weapons to terrorists;


“12. Recalls its decision in resolution 2161 (2014) that all States shall ensure that no funds, financial

assets or economic resources are made available, directly or indirectly for the benefit of ISIL, ANF or

any other individuals, groups, undertakings and entities associated with Al-Qaida, by their nationals

or by persons within their territory, and reaffirms its decision in resolution 1373 (2001) that all States

shall 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 persons who commit or attempt to commit or facilitate or participate in

the commission of terrorist acts, or for the benefit 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;

“13. Notes with concern that oilfields and related infrastructure controlled by ISIL, ANF and all other

individuals, groups, undertakings and entities associated with Al-Qaida, are generating income which

support their recruitment efforts and strengthen their operational capability to organize and carry out

terrorist attacks;

“14. Condemns any engagement in direct or indirect trade involving ISIL, ANF and all other

individuals, groups, undertakings and entities associated with Al-Qaida, and reiterates that such

engagement could constitute financial support for entities designated by the Committee pursuant to

resolutions 1267 (1999) and 1989 (2011) (“the Committee”) and may lead to further listings by the

Committee;

“15. Emphasizes the importance of all Member States complying with their obligation to ensure that

their nationals and persons within their territory do not make donations to individuals and entities

designated by the Committee or those acting on behalf of or at the direction of designated entities;

“16. Expresses its concern that aircraft or other transport departing from territory controlled by ISIL

could be used to transfer gold or other valuable items and economic resources for sale on

international markets, or to make other arrangements that could result in violations of the asset

freeze;


“17. Confirms that the requirements in paragraph 1 (a) of resolution 2161 (2014) shall also apply to

the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida Sanctions

List, regardless of how or by whom the ransom is paid;

Sanctions

“18. Observes that ISIL is a splinter group of Al-Qaida, recalls that ISIL and ANF are included on the

Al-Qaida sanctions list and in this regard, expresses its readiness to consider listing individuals,

groups, undertakings and entities providing support to ISIL or to ANF, including those who are

financing, arming, planning or recruiting for ISIL or ANF and all other individuals, groups,

undertakings and entities associated with Al-Qaida through information and communications

technologies including the internet and social media or through any other means;

“19. Decides that the individuals specified in Annex I of this resolution shall be subject to the

measures imposed in paragraph 1 of resolution 2161 (2014) and added to the Al-Qaida Sanctions List;

“20. Directs the Committee to make accessible on the Committee’s website the narrative summaries

of reasons for listing the individuals specified in Annex I of this resolution as agreed by the Council

and confirms that the provisions of resolution 2161 (2014) and subsequent relevant resolutions shall

apply to the names specified in Annex I for so long as they remain on the Al Qaida Sanctions List;

“21. Encourages the submission of listing requests to the Committee by Member States of individuals

and entities supporting ISIL, ANF and all other individuals, groups, undertakings and entities

associated with Al-Qaida and further encourages the Committee to urgently consider additional

designations of individuals and entities supporting ISIL and ANF;

Reporting

“22. Directs the Monitoring Team to submit a report to the Committee within 90 days on the threat,

including to the region, posed by ISIL and ANF, their sources of arms, funding, recruitment and

demographics, and recommendations for additional action to address the threat and requests that,


after a Committee discussion of this report, the chair of the Committee to brief the Security Council

on its principal findings;

“23. Requests UNAMI, within its mandate, capabilities, and its areas of operation, to assist the

Committee and the Analytical Support and Sanctions Monitoring Team established by resolution 1526

(2004), including by passing information relevant to the implementation of the measures in paragraph

1 of resolution 2161 (2014);

“24. Decides to remain seized of this matter.

2. The Security Council has previously pushed for stronger measures to

combat ISIS. This is a Reuters report from October 2014:

By United Nations | Reuters | Saturday, 18 October 2014

The United Nations Security Council on Friday pushed for a bombing campaign in Iraq against

militants of the Islamic State of Iraq and Syria (ISIS) and associated extremist groups to be

strengthened and expanded.

A U.S.-led military coalition has been bombing ISIS fighters who hold a large swathe of territory in

both Iraq and Syria, two countries involved in complex multi-sided civil wars in which nearly every

country in the Middle East has a stake.

U.S. President Barack Obama on Tuesday told military leaders from more than 20 countries working

with the coalition that he was deeply concerned about the ISIS’s advances at the Syrian town of

Kobani and in western Iraq.

"The members of the Security Council urged the international community, in accordance with

international law, to further strengthen and expand support for the government of Iraq, including

Iraqi Security Forces, in the fight against (ISIS) and associated armed groups," it said in a statement.


Iraqi pilots who have joined ISIS in Syria are training members of the group to fly in three captured

fighter jets, a monitoring group said on Friday, saying it was the first time the militant group had

taken to the air.

The 15-member Security Council "stressed that (ISIS) must be defeated and that the intolerance,

violence and hatred it espouses must be stamped out."

The United States has been trying to persuade Turkey to take an active role in the campaign against

ISIS.

Ankara this week agreed to help equip and train some Syrian armed groups fighting the militants, as

well as the Syrian government. U.S. and Turkish officials say talks are under way on allowing the use

of Turkish facilities for countries engaged in the campaign against ISIS.

3. The United Nations Office of the High Commissioner of Refugees released

an extensive report in 2015 listing out Human Rights violations by ISIS. A few

excerpts are below:

“19. Civilians, including men, women and children, ethnic and religious minorities who remain in

ISIS-controlled areas live in fear. Victims and witnesses that fled consistently described being

subjected to acts that terrorise and aim to silence the population. ISIS has systematically targeted

sources of dissent, detaining and threatening activists, nongovernmental organisation workers and

journalists with death. Most have fled and ceased reporting from ISIS areas.

20. In areas under the armed group’s control, civilians have experienced a relentless assault on their

basic freedoms. ISIS enforces its rules summarily, inflicting harsh penalties discriminating against

those who transgress or refuse to accept their self-proclaimed rule. ISIS has obstructed the exercise of

religious freedoms, the freedom of expression, assembly and association, which are guaranteed by

international law. The group has systematically enforced its edicts through its Al-Hisbah morality

police to conduct constant surveillance within local communities. Children have been asked to inform

on their parents’ compliance with ISIS rules. Civilians who fled described a rapid imposition of strict

social instructions followed by brutal enforcement. ISIS has attacked social and cultural practices –

including weddings, musical events and traditional ceremonies – deemed incompatible with their


selfproclaimed beliefs in both urban and rural areas, demonstrating their intent to eradicate these

aspects of Syrian culture.

21. Many residents of ISIS-held areas complained of the brutality of violent acts perpetrated under the

guise of corporal hudud punishments based on the group’s radical interpretation of Shariah law,

including lashings and amputations, for offences such as smoking cigarettes or theft. Victims of ISIS

punishments described being subjected to a system based on the principle that “you are guilty unless

you can prove your innocence.” Corporal punishments are imposed during public events in an effort

to deter those who may oppose the group’s rule and to spread terror among the civilian population. “

“41. In October and November 2013, journalists working for international television channels were

killed in Aleppo city. Since that time, media workers have disappeared in ISIS-controlled areas; their

fate and whereabouts remain unknown. On or about 19 August and 2 September 2014, ISIS executed

two American journalists. On 13 September 2014, the group executed a British aid worker. All three

had been abducted and detained inside Syria. The group filmed the executions, attempting to impact

international policy and the anticipated aerial attacks on their positions.

42. Journalists and activists working to document the violations and abuses suffered by their local

communities under ISIS have been denied their special protection under international humanitarian

law and have been disappeared, detained, tortured and killed. “


Stances on the ISIS question

1.Following are the statements of some relevant UN members which were

released after the passage of the above resolution:

MARK LYALL GRANT (United Kingdom), speaking in his national capacity, welcomed the unanimous

adoption of the resolution, noting that the Council showed strong support and a clear sense of unity

by agreeing on the Chapter VII text so quickly. The text sent a clear political message to those

terrorist groups. The threat posed by them was growing and had undermined security of the people

in Iraq and Syria and in the region. He expressed concern about those groups' appalling violence

against women and children. The resolution provided an additional framework to oppose and counter

those acts. There was no impunity for those committing violence. The Council would not stand idle.

PETR V. ILIICHEV ( Russian Federation) said he supported the resolution based on the need to

counter terrorism. His Government repeatedly condemned terrorism. The text would help the

Governments of Iraq and Syria counter that scourge. But, it should not be taken as approval for

military action. He also expressed concern about the Council's departure from its normal procedure

to name individuals on the sanctions list, which was usually vetted by its subsidiary body. He voted

in favour in the spirit of cooperation, but expressed reservation about some language that seems to

distort the scope of international humanitarian law.

SAMANTHA POWER ( United States), describing a dangerous "new front" of terrorism represented by

the Islamic State in Iraq and the Levant (ISIL, also known as ISIS) and others, said that the resolution

expressed the Council's willingness to take action against those groups and their supporters. She

urged all Member States to adopt measures to suppress support to the groups and end their

atrocities. Noting her country's actions in the past week to relieve the plight of persons displaced by

the groups, she welcomed political progress in Iraq and called for all countries to support that country

in its fight against terrorism.

MAHMOUD HMOUD ( Jordan), condemning what he called the "barbarous" actions of the extremist

groups and their supporters, said that international solidarity was needed to fight them. He

underlined the importance of political progress in Iraq that recognized the rights of all Iraqis as the

most effective way to fight terrorism in the country. He stressed that ISIS and the other groups did

not represent Sunnis in the country. In addition, he maintained that the main cause of the crisis in


Syria was not terrorism but the marginalization of legitimate opposition groups, which had

exacerbated the terrorist threat. His country would continue to promote cooperation at the regional

and international level to fight terrorism.

LIU JIEYI ( China) highlighted provisions in the text relating to the use of the information and

communications technology, such as the Internet and social media, in recruiting foreign fighters,

inciting violence and raising funds. He also welcomed sanctions to be imposed against those using

such technologies to achieve those purposes.

ALEXIS LAMEK ( France) welcomed the text as taking the fight against terrorism further. It

represented a new milestone in addressing the spread of terrorism by those groups. Listing the six

individuals was a decisive step. He welcomed the appointment of the new Iraqi Prime Minister and

expressed hope that a lasting solution could be found as Iraq faced a crucial moment.

MAHAMAT ZENE CHERIF ( Chad) stressed the seriousness of the threat of international terrorism and

welcomed today's resolution in that context, noting that it did not associate terrorism with any

religion. He also welcomed recent political progress in Iraq as important in the efforts unite that

country against the extremists.

CRISITAN BARROS ( Chile) stressed the urgent need to end the attacks by ISIL and all terrorism in

the region and underscored that all countries should to take measures to stop all support for terrorist

groups. He also underlined the importance of protecting minority rights in Iraq's region and around

the world.

BASHAR JA'AFARI (Syria), calling today's adoption "important", stressed that ISIS and other groups

had no connection with Islam or the heritage of the region. He said that Syria had been beset with

the crimes of such groups for the past three year, and had been fighting them, while influential States

in the region and elsewhere had continued their support for the groups while portraying them as

moderate opposition.

His Government had long been trying to call attention to the crimes of those organizations, he went on

to say. The sales of Syrian oil by the groups had been ignored, as well as the traversing of their

personnel and resources through Turkey and other countries. Had his warnings been acted on, there

might be no need now to deal with the growing threat. He called on the Council, in the future, to


consult with his country and others in the region in order to make its actions against terrorism

effective. Furthermore, efforts should be made to fight media that encouraged extremist ideologies.

MOHAMED ALI ALHAKIM (Iraq) described how ISIL and other terrorist groups were carrying out

violent acts, including ethnic cleansing, targeting unarmed civilians, conducting horrible massacres,

recruiting children, destroying places of worship and persecuting religious communities and

minorities. Those acts had resulted in a massive exodus of peaceful families. His Government was

mobilizing material and logistical resources to ease the plight of displaced persons. He highlighted

the need to strengthen border control as terrorism was borderless, as well as the importance of

cooperation of neighbouring countries through the adoption of national measures. The dissemination

of documents containing wrong ideologies and inciting violence, as well as financing to those terrorist

groups should be forbidden.

Questions to be answered:

What is the actual threat of ISIS, internally and to the outside world?

How can the SC come to a consensus on dealing with this threat? What is the ideal

middle ground?

What tools does the UN have at its disposal to combat ISIS and how will it use

them?

Is there anything in this situation that the UN is uniquely qualified to address?


References:

A useful extended profile of the ISIS by Brookings, an NGO:

http://www.brookings.edu/~/media/Research/Files/Reports/2014/11/profiling%

20islamic%20state%20lister/en_web_lister.pdf

A report by the Institute for the Study of War on the ISIS:

http://www.understandingwar.org/sites/default/files/ISIS_Governance.pdf

The UN OHCHR report on ISIS:

http://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/HRC_CRP_ISI

S_14Nov2014.pdf

SC Resolution number 2170 on combating the ISIS threat:

http://www.un.org/press/en/2014/sc11520.doc.htm

http://www.brookings.edu/~/media/Research/Files/Reports/2014/11/profiling%20islamic%20state%20lister/en_web_lister.pdf

http://www.brookings.edu/~/media/Research/Files/Reports/2014/11/profiling%20islamic%20state%20lister/en_web_lister.pdf

http://www.understandingwar.org/sites/default/files/ISIS_Governance.pdf

http://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/HRC_CRP_ISIS_14Nov2014.pdf

http://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/HRC_CRP_ISIS_14Nov2014.pdf

http://www.un.org/press/en/2014/sc11520.doc.htm