In Fight against Terrorism, Security Council Adopts Resolution 2322 (2016), Aiming to Strengthen International Judicial Cooperation
Seeking to strengthen the international response to terrorism, the Security Council today unanimously adopted a resolution aimed at enhancing and fortifying judicial cooperation worldwide.
By resolution 2322 (2016), the 15-nation body underlined the importance of strengthening international cooperation, including by investigators, prosecutors and judges, in order to prevent, investigate and prosecute terrorist acts, and expressed concern at the use by terrorists of information and communications technologies.
The Security Council called upon States to share, where appropriate, information about foreign terrorist fighters and other individual terrorists and terrorist organizations, including biometric and biographic information, and stressed the importance of providing such information to national watch lists and multilateral screening databases.
The Council further called upon States to consider, where appropriate, downgrading for official use intelligence threat data on foreign terrorist fighters and individual terrorists to provide such information to front-line screeners, such as immigration, customs and border security and to appropriately share such information with other concerned States and international organizations. It also called upon States to exchange information and cooperate on administrative, police and judicial matters and to enhance cooperation to prevent terrorists from benefiting from transnational organized crime.
The Council called upon all States to consider establishing appropriate laws and mechanisms that allow for the broadest possible international cooperation, including the appointment of liaison officers, police-to-police cooperation, the creation and use, when appropriate, of joint investigation mechanisms, and enhanced coordination of cross-border investigations in terrorism cases.
It also called upon States to increase, where appropriate their use of electronic communication and universal templates. It encouraged States to consider extending access to, and where appropriate, integrate into their national systems, the International Criminal Police Organization (INTERPOL) I-24/7 police information network beyond the National Central Bureaus to other national law enforcement entities.
The Security Council urged States to develop broad law enforcement and judicial cooperation in preventing and combating trafficking in cultural property that might benefit terrorists or terrorist groups, and also requested the Counter Terrorism Executive Directorate, with the assistance of the United Nations Office on Drugs and Crime (UNODC) and in consultation with the Counter-Terrorism Implementation Task Force to prepare a report on the current state of international law enforcement and judicial cooperation related to terrorism, identifying major gaps, with recommendations to the Counter Terrorism Committee within 10 months.
Briefing the Council, Jean-Paul Laborde, Executive Director of the Counter-Terrorism Executive Directorate, said terrorism was an international threat requiring a global response. The focus, through a broader perspective, should be on strengthening international cooperation between Member States and international organizations. The Executive Directorate was closely collaborating with the International Organization of Prosecutors, among other organizations, as well as with regional organizations and civil society. That kind of cooperation strengthened States’ central authorities to receive information in a timely manner.
Among other things, the Executive Directorate was preparing to coordinate with INTERPOL in order to strengthen international cooperation between intelligence and justice agencies, he said, welcoming Spain’s initiative to accelerate the process. Through quick cooperation of agencies, including by using social media, counter-terrorism actions could be improved, he said.
Dorcas A. Oduor, Deputy Director, Office of the Public Prosecutions of Kenya, underscored that her country was a “frontline State” in the fight against international terrorism. Although enforcement of the law was the responsibility of the sovereign State, a coordinated international response and close regional coordination was vital, as was regional and international judicial cooperation that used well-defined standards.
International judicial cooperation against terrorism was hampered by many factors, including divergent approaches and priorities among nations, she said. The international community needed to come up with more instruments that set standards for best practices and cooperation. It also needed to institutionalize sharing of intelligence and data and deepen existing cooperation among law enforcement agencies worldwide, including through INTERPOL. No country could tackle the challenge of terrorism alone, she emphasized. Solidarity was needed.
Robert R. Strang, Executive Secretary of the International Institute for Justice and the Rule of Law, said efforts to bring individuals to justice required the sharing of evidence across jurisdictions. That was particularly true for foreign terrorist fighters and relevant evidence related to their travel, communications, and recruiting activity through social media. International cooperation between judicial authorities must ensure that evidence was gathered in a form that could be used in court.
He said a key part to making such a system work was the role of central authorities, the national entities responsible for mutual legal assistance and the extradition of individuals. All Member States should establish a central authority to concentrate experience and resources, reduce bureaucracy and ensure visibility and accountability. Member States should also empower their central authorities to facilitate the judicial aspect of extradition requests.
After the briefings speakers hailed the unanimous adoption of resolution 2322 (2016) as a milestone in the fight against terrorism, noting that judicial cooperation in addressing issues such as foreign terrorist fighters, financing of terrorism, extradition and exchange of evidence were transnational issues that required a global approach.
Rafael Catala, Minister of Justice of Spain, which holds the Council Presidency for December, strongly condemned the recent attacks in Istanbul, Cairo, Mogadishu and Aden. The rule of law could confront and overcome terrorism, he said, but international cooperation was essential to fight against all types of transnational crime and terrorism. The resolution was a milestone and another tool the international community could use to tackle the terrorist threat.
Egypt’s representative thanked all speakers who had expressed solidarity with his country for the recent terrorist attack that resulted in the deaths of 25 people who had been praying in a historical church in Cairo. He said international judicial cooperation was one of the most important pillars in the fight against the scourge. The adopted text carried an important message to the international community on the need to overcome narrow interests and, instead, promote international judicial cooperation. The political will of States was necessary to implement the Council resolutions. States that did not abide fully by implementation should be held accountable.
The representative of the United States said that disrupting terrorist networks required law enforcement agencies to talk to each other, adding that she supported assembling joint investigative teams to look at specific incidents. All must do more to ensure law enforcement officials had a chance to work directly with each other.
Other speakers called for more cooperation with INTERPOL, with the representative of Japan saying that that organization gave national agencies access to its lost and stolen passports database that had records of more than 68 million lost or stolen passports. However, more than 100 countries were not using that database, enabling terrorists to sneak across borders unnoticed.
While many speakers urged strengthening cooperation through the use of information technology, the representative of Uruguay, however, warned that cooperation requests in the digital sphere should be carried out with respect for human rights, privacy and freedom of thought.
Also speaking today were representatives of the United Kingdom, Angola, Ukraine, New Zealand, Venezuela, China, Senegal, Malaysia, France and Russian Federation.
The meeting began at 3:07 p.m. and ended at 5:24 p.m.
JEAN-PAUL LABORDE, Executive Director of the Counter-Terrorism Executive Directorate, said terrorism was an international threat requiring a global response. Impunity of any kind was unacceptable. There was a need to adhere to relevant Security Council resolutions and 19 international terrorism conventions. Because the threat was decentralized and geographically diverse, international cooperation was essential.
He said the focus, through a broader perspective, should be on strengthening international cooperation between Member States and international organizations. The Executive Directorate was closely collaborating with the International Organization of Prosecutors, among other organizations, as well as with civil society. That kind of cooperation strengthened States’ central authorities to receive information in a timely manner.
The Executive Directorate would work, together with partners, to come up with better information and cooperation methods, he said. It was supporting regional organizations through workshops in South East-Asia and Asia and it would extend its work to joint investigations. An example of regional cooperation was the network between police and prosecutors established by the Council of Europe with the cooperation of the International Criminal Police Organization (INTERPOL), he said, inviting other regional organization to follow that pattern.
The Executive Directorate was preparing to coordinate with INTERPOL in order to strengthen international cooperation between intelligence and justice agencies, he said, welcoming Spain’s initiative to accelerate the process. Through quick cooperation of agencies, including by using social media, counter-terrorism actions could be improved, he said.
DORCAS ODUOR, Deputy Director, Office of the Director of Public Prosecutions, Kenya, said technological advances had enabled terrorists to avoid capture by playing on law enforcement’s reluctance to engage in complicated and expensive transnational investigations and prosecutions. Defined by article 3 of the United Nations Convention against Transnational Organized Crime, transnational terrorism posed serious problems for national justice systems since there was no competent international court to try terrorism cases, she said.
Criminal justice practitioners could not work within the confines of national borders, but must cooperate with foreign counterparts to bring perpetrators to justice, she said. Current measures against transnational organized crime, including terrorism, were evolving rapidly, reflecting the determination of Member States to work more closely with each other, she continued. Terrorism in Kenya emanated mainly from the Al-Shabaab terrorist group in Somalia, she said, adding that the Government of Kenya had responded by passing laws such as the Prevention of Terrorism Act of 2012. National law-enforcement agencies were cooperating with regional organizations as well as the broader international community.
She went on to state that Kenya’s primary contribution to regional counter-terrorism efforts was its contribution of troops to the African Union Mission in Somalia (AMISOM). As a “front line State” in the fight against international terrorism, the country had learnt several lessons. Although enforcing the law was the responsibility of a sovereign State, a coordinated international response and close regional coordination was vital, as was regional and international judicial cooperation under well-defined standards. In addition, the growing expertise of terrorists in adapting to law-enforcement efforts to apprehend them called for strong national coordination, she emphasized.
Raising the awareness of citizens and involving them in the prevention of terrorism and violent extremist ideologies was crucial to winning the war against terrorism while upholding human rights, she stressed. International judicial cooperation against terrorism was hampered by many factors, including divergent approaches and priorities among nations. To realize greater international judicial cooperation against terrorism called for strengthening international capacity come up with more instruments that would set the standards for best practices and cooperation. It must also institutionalize the sharing of intelligence and data, while deepening existing cooperation among law-enforcement agencies around the world, including through INTERPOL, she said, underlining that no country could tackle the challenge of terrorism on its own, and that solidarity was vital.
ROBERT STRANG, Executive Secretary of the International Institute for Justice and the Rule of Law, said that terrorism cases almost inevitably had transnational dimensions. Therefore, efforts to bring individuals to justice required the sharing of evidence across jurisdictions. That was particularly true for foreign terrorist fighters where there would inevitably be relevant evidence related to their travel, communications, and recruiting activity through social media. International cooperation between judicial authorities must ensure that evidence was gathered in a form that could be used in court. A key part to making such a system work was the role of central authorities, the national entities responsible for mutual legal assistance and the extradition of individuals.
All Member States should establish a central authority to concentrate experience and resources, reduce bureaucracy and ensure visibility and accountability, he continued. Those organs should ensure that requests for mutual legal assistance from domestic law enforcement and judicial authorities were sufficient and complied with applicable laws, treaties or conventions. They should also maintain confidentiality of mutual legal assistance and extradition requests to protect the integrity of terrorist investigations and prosecutions. Central authorities should not, however, limit cooperation between government law enforcement agencies, but rather support such efforts.
He also noted that terrorism cases often brought up complex issues related to the death penalty in some Member States. There were recognized mechanisms for handling cooperation in that regard, such as the requesting States voluntarily agreeing to place a limitation on the potential punishment in order for the sharing of information to take place. On extradition, he said that such requests should comply with relevant treaties and domestic law and that a strong central authority must ensure that those requests complied with all applicable laws, treaties and conventions. Member States should also empower their central authorities to facilitate the judicial aspect of extradition requests.
RAFAEL CATALA�, Minister of Justice of Spain which holds the Council Presidency for December, spoke in his national capacity, strongly condemning the recent attacks in Istanbul, Cairo, Mogadishu and Aden and saying the perpetrators would be brought to justice. The rule of law could confront and overcome terrorism, but international cooperation was essential to fight against all types of transnational crime and terrorism. Today’s resolution was a milestone and another tool the international community could use to tackle the terrorist threat.
He said the text urged all Member States to designate a central authority to deal with requests for cooperation, thereby establishing a network of focal points. The text also urged States to develop a system of electronic mechanisms. In current times, a major part of evidence against terrorist actions was being gathered through the Internet. Harmonizing the use of electronic evidence and ensuring that evidence obtained in one State could be used in another State was therefore necessary. The resolution asked for strengthening tools such as the I?7/24 of INTERPOL, he said, adding that there was a specific paragraph dedicated to the victims of terrorism.
MATTHEW RYCROFT (United Kingdom), underscoring that too many around the table had experienced the “savagery” of terrorist groups in recent years, stressed that the fight required full cooperation between judicial institutions. The unanimous adoption of the resolution showed the international community’s resolve to let justice cross borders. Since 2005, there had been a steady increase in the need for cooperation, and the complexity of cases had grown, as seen in the case of a national of one country who committed a crime in another country before fleeing to a third country. The international community needed to ensure greater cooperation with Interpol. The internet was a front line in the fight against terrorism, and networks needed to also be used to stop “hateful” activities. Evidence had not just been found in e-mails and online, but in liberated cities of Iraq and other places.
MICHELE J. SISON (United States), pointing to the challenge of making cooperation effective, said that each Member State must establish the right laws on both substance and procedure. The resolution just adopted focused on ensuring that all Member States made terrorism a criminal offense and prosecuted foreign terrorist fighters. Implementation was important. Disrupting terrorist networks required law enforcement agencies to talk to each other, she said, adding that she supported assembling joint investigative teams to look at specific incidents. All must do more to ensure law enforcement officials had a chance to work directly with each other. The international community must also help build the requisite capacities on national platforms. Terrorism was a threat to collective security, and today’s debate should encourage all participants to examine what they were doing to bolster ties.
JULIO HELDER MOURA LUCAS (Angola) said terrorist groups took advantage of instability in many States. The Security Council had taken a leadership role in the fight against terrorism and the resolution just adopted was central to that endeavour. Mechanisms for international cooperation had been put in place concerning extradition, transfer of criminal proceedings, and cooperation between law enforcement agencies. Angola had experience in defeating terrorism, he said, including national legislation addressing money laundering, efforts towards tracking money movement, strengthening of surveillance, exchange of information including with INTERPOL, and strengthening of cooperation with specialized agencies. Terrorists could only be defeated through cooperative action. The fight against terrorism must involve all societies.
ELBIO ROSSELLI (Uruguay) said international cooperation was vital and urged coordinated action by all States to address terrorism. The text adopted was a valuable instrument in that regard. However, national legislation should be respected. The coordination with prosecutors and judicial authorities should lead to better sharing of information and capacity building. It was not acceptable to cite political motives to try to evade extradition. Cooperation requests in the digital sphere should be carried out with respect for human rights, privacy and freedom of thought. Judicial cooperation was an instrument of great relevance to combat terrorism and uphold peace and security.
AMR ABDELLATIF ABOULATTA (Egypt) thanked all speakers who had expressed solidarity with his country for the terrorist attack leading to 25 deaths while the victims were praying in a historical church in Cairo. He said international judicial cooperation was one of the most important pillars in the fight against the scourge. No country could defeat terrorism on its own. The adopted text carried an important message to the international community on the need to overcome narrow interests and, instead, promote international judicial cooperation. It included important aspects, such as the need to exchange information between States to stop the financing of terrorism and transfer of weapons. The text reaffirmed the need to deny safe haven to those financing or supporting terrorism. Political motives could not be taken as a pretext to reject extradition of those accused of terrorist acts. The political will of States was necessary to implement the Council resolutions. States that did not abide fully by implementation should be held accountable.
YURIY VITRENKO (Ukraine) said that although numerous international treaties had established mechanisms for facilitating cooperation and extradition, they often demanded time consuming procedures. To ensure faster response in handling terrorist-related cases, there was a need for central authorities to be provided with adequate resources. States might consider simplifying request forms and use electronic systems in that regard. States could devise universal mechanisms for prosecuting terrorist acts, such as tribunals or hybrid courts. There was a need for timely sharing of information while investigating terrorist acts and apprehending suspects. Establishing cross-border mechanisms for cooperation between law enforcement offices, the use of databases and facilitating inter-agency collaboration were all of paramount importance.
GERARD VAN BOHEMEN (New Zealand) said that no country could consider itself safe from the rise of global terror networks and their sophisticated use of modern communications technologies. Groups such as Islamic State in Iraq and the Levant (ISIL/Da’esh) and Al-Qaida carried out indiscriminate attacks across borders and used the Internet to finance and incite acts of terror. He emphasized that effective solutions to combat terrorism would require time, resources and commitment across a broad spectrum of activities. In that connection, international cooperation between law enforcement agencies was imperative, while mechanisms such as extradition remained underutilised. At the same time, many Member States did not have the resources to respond adequately to related requests. If capabilities were not strengthened in those areas, some States could unwittingly become havens for terrorists seeking to evade justice, he warned.
RAFAEL DARA�O RAMA�REZ CARREA�O (Venezuela) said strengthening international judicial cooperation in the fight against terrorism was a crucial issue. Terrorist groups fed on despair and a lack of opportunities to promote their criminal agenda based on sectarianism and violent extremism. Effectively combating terrorism required joint and resolute action by the international community and the non-selective implementation of resolutions, which, among many other measures, prohibited the transfer of weapons to terrorists. International cooperation could be strengthened through mutual legal assistance so that that justice was served. He called on all Member States to ensure that their actions lined up with their words. What was needed was political will to bring to justice those responsible for acts of terrorism.
WU HAITAO (China) condemned the terrorist attacks that took place in Egypt and Turkey, noting that terrorism was a common challenge facing humanity. The international community must exercise uniform standards and use multiple means to push for political solutions to regional conflicts. At present, terrorist forces ran rampant, using new technologies to disseminate extreme narratives. The international community must weave a legal and judicial dragnet to ensure terrorists had no place to hide. As well, countries must receive support developing and updating relevant legislation. Multilateral and bilateral judicial and legal treaties must be implemented so synergy could be formed in bringing terrorists to justice. China’s laws provided for the Government to act in accordance with treaties it was party to, as well as to undertake intelligence-sharing and monitoring of the flow of funds.
ABDOULAYE BARRO (Senegal) said that since terrorism knew no borders, the international community needed to develop optimal cooperation and combat the scourge through effective judicial cooperation. The legal arsenal had not yet stamped out terrorism, which was taking advantage of gaps in the judicial field. The absence of an international resolution on judicial cooperation was a gap that had to be bridged. Terrorist groups benefitted from facilities of international transport and porous borders. They were expanding their sphere of influence by recruiting combatants from many geographic origins. Foreign terrorist fighters were another aspect that must be tackled through international judicial cooperation. Combating terrorism must be carried out at a global level, regardless of where a threat was detected. As well, Africa must receive special attention in view of its vulnerability due to numerous terrorist groups that thrived there, he stated, reiterating the vital need to adapt the legal arsenal to the evolving terrorist threat.
SITI HAJJAR ADNIN (Malaysia) said recent attacks underscored the importance of coordinated action, including through international cooperation in the administration of justice. The resolution would make a significant contribution towards strengthening cooperation in combating financing of terrorism as well. The task of ensuring accountability could be complex; issues of sovereignty and differences in legal systems could be major obstacles. Arrangements such as mutual legal assistance, including in extradition, could be enhanced, and communication and records could be streamlined, she said, highlighting both national and regional efforts, including the role of the Association of Southeast Asian Nations (ASEAN).
FRANCOIS DELATTRE (France), recalling that his country had been hit by deadly attacks time and again, said that responding to the global threat could be nothing less than collective, including military action and diplomatic efforts. Other areas for cooperation should include international judicial and law enforcement cooperation. Strengthening international cooperation was essential to prevent the departure and return of foreign terrorist fighters. Effective coordination by networks throughout Europe was a major factor in addressing the threats. A network of focal points for judicial cooperation was desirable. Stressing that he did not underestimate the current technical challenges caused by the use of information technology by terrorist groups, he called for awareness raising and capacity building. In that regard he noted that the United Nations was in a unique position to bring together States, international organizations, private entities and civil society.
EVGENY T. ZAGAYNOV (Russian Federation) said that while the scope of the problem was clear, he noted that State obligations were not always being fulfilled. An important expert role should be played by the Counter-Terrorism Committee and the United Nations Office on Drugs and Crime (UNODC). The priorities of countering terror included a need to harmonize existing treaties on extradition and the transfer of criminal proceedings. The absence of specialized international treaties should not be an obstacle. However, in regards to the resolution, he expressed disappointment that the important issue regarding invoking the principle of reciprocity had not been reflected in the text. The imperative of cooperation should aim at bringing radicals to justice through law enforcement structures. The international community needed to take into account terrorist challenges in recent years, such as the rise of radicalism which spread through terrorist propaganda directed toward youth. It was necessary to combat the spread of the ideology of terrorism.
KORO BESSHO (Japan) said that Security Council resolution 2232 (2016) called on Member States to enhance cooperation while reaffirming that terrorists must be held accountable. Referring to operative paragraph 17 in the text, he highlighted that terrorists used lost or stolen passports to travel freely. It was important that States cooperate with INTERPOL, which gave national agencies access to its lost and stolen passports database that had records of more than 68 million lost or stolen passports. However, more than 100 countries were not using that database, enabling terrorists to sneak across borders unnoticed. He urged Member States to connect to the INTERPOL network. Adopting today’s resolution was not enough. It now had to be implemented, he said, underscoring his country’s support to help other nations build capacity in that regard.
The full text of resolution 2322 (2016) reads as follows:
“The Security Council,
“Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2083 (2012), 2129(2013) 2133 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015), 2249 (2015), 2253 (2015) and 2309 (2016),
“Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations,
“Reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever, wherever, and by whomsoever committed,
“Reaffirming that terrorism should not be associated with any religion, nationality, civilization or ethnic group,
“Condemning terrorists and terrorist groups, in particular the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings, and entities, for ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent civilians and other victims, destruction of property, and greatly undermining stability,
“Deeply concerned by the increasing number of victims, especially among civilians of diverse nationalities and beliefs, caused by terrorism motivated by intolerance or extremism in various regions of the world, reaffirming its profound solidarity with the victims of terrorism and their families, and stressing the importance of assisting victims of terrorism and providing them and their families with support to cope with their loss and grief,
“Gravely concerned that in some cases terrorists or terrorist groups, in particular ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities continue to profit from involvement in transnational organized crime, and expressing concern that terrorists benefit from transnational organized crime in some regions, including from the trafficking of arms, persons, drugs, and artifacts, and from the illicit trade in natural resources including gold and other precious metals and stones, minerals, wildlife, charcoal and oil, as well as from kidnapping for ransom and other crimes including extortion and bank robbery,
“Expressing concern at the continuing use, in a globalized society, by terrorists and their supporters, of information and communications technologies, in particular the Internet, to facilitate terrorist acts, and condemning their use to incite, recruit, fund or plan terrorist acts,
“Expressing concern also at the continued flow of international recruits to ISIL, Al- Qaida, and associated groups, and recalling its resolution 2178 (2014) deciding that Member States shall, consistent with international human rights law, international refugee law, and international humanitarian law, prevent and suppress the recruiting, organizing, transporting, or equipping of foreign terrorist fighters and the financing of their travel and of their activities,
“Particularly concerned at the growing involvement of terrorist groups, especially in areas of conflict, in the destruction and the trafficking in cultural property and related offences, and recognizing the indispensable role of international cooperation in crime prevention and criminal justice responses to combat such trafficking and related offences in a comprehensive and effective manner,
“Reiterating the obligation of Member States to prevent the movement of terrorists and 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,
“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,
“Underlining the importance of strengthening international cooperation, including by investigators, prosecutors and judges, in order to prevent, investigate and prosecute terrorist acts, and recognizing the persisting challenges associated with strengthening international cooperation in combating terrorism including in stemming the flow of FTFs to and returning from conflict zones, in particular due to the cross border nature of the activity,
“Stressing that the development and maintenance of fair and effective criminal justice systems should be a fundamental basis of any strategy to counter terrorism and transnational organized crime,
“Recalling that timely cooperation and action, in accordance with international obligations, can help States to prevent FTFs from travelling to conflict zones, develop effective strategies to deal with returnees, preserve through law enforcement and judicial authorities critical evidence for legal proceedings, and facilitate the implementation of procedures for prosecution,
“Noting the significant increase in the requests for cooperation in gathering digital data and evidence from the Internet and stressing the importance of considering the re-evaluation of methods and best practices, as appropriate, in particular, related to investigative techniques and electronic evidence,
“Calling upon Member States to continue exercising vigilance over relevant financial transactions and improve information-sharing capabilities and practices, in line with applicable international and national law, within and between governments through relevant authorities including judicial authorities and channels, including law enforcement, intelligence, security services, and financial intelligence units, and also calling upon Member States to improve integration and utilization of financial intelligence with other types of information available, such as that provided by the private sector to national governments, to more effectively counter the terrorist financing threats posed by ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, including through actions related to investigative techniques, evidence gathering and prosecution,
“Calling upon Member States to continue information-sharing, through appropriate channels and arrangements, and consistent with international and domestic law, on individuals and entities implicated in terrorist activities, in particular their supply of weapons and sources of material support, and on the ongoing international counter-terrorism cooperation including among special services, security agencies and law enforcement organizations and criminal justice authorities,
“Welcoming the efforts by UNODC to upgrade its existing networks of Central Authorities to encompass the ones responsible for counter terrorism matters,
“Recalling that the obligation in paragraph 1(d) of resolution 1373 (2001) also applies to making 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,
“1. Reiterates its call upon all States to become party to the international counter-terrorism conventions and protocols as soon as possible, whether or not they are a party to regional conventions on the matter ,and to fully implement their obligations under those to which they are a party;
“2. Reaffirms that those responsible for committing or otherwise responsible for terrorist acts, and violations of international humanitarian law or violations or abuses of human rights in this context, must be held accountable;
“3. Calls upon States to share, where appropriate, information about foreign terrorist fighters and other individual terrorists and terrorist organizations, including biometric and biographic information, as well as information that demonstrates the nature of an individual’s association with terrorism via bilateral, regional and global law enforcement channels, in compliance with international and domestic national law and policy, and stresses the importance of providing such information to national watch lists and multilateral screening databases;
“4. Recognizes the important role of national legislation in enabling international judicial and law enforcement cooperation on terrorist-related offences, and calls upon Member States to enact, and where appropriate, review their respective counterterrorism legislation in view of the evolving threat posed by terrorist groups and individuals;
“5. Calls upon States to consider, where appropriate, downgrading for official use intelligence threat data on foreign terrorist fighters and individual terrorists, to appropriately provide such information to front-line screeners, such as immigration, customs and border security, and to appropriately share such information with other concerned States and relevant international organizations in compliance with international and domestic national law and policy;
“6. Emphasizes the importance of States establishing as a serious criminal offence in their domestic laws and regulations the willful violation of the prohibition on financing of terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a direct link to a specific terrorist act, and urges States to exchange information about such activity consistent with international and national law and emphasizes further the recent FATF guidance on Recommendation 5 on the criminalization of terrorist financing for any purpose, in line with resolutions 2199 (2015) and 2253 (2015);
“7. Further encourages States to cooperate in the implementation of targeted financial and travel sanctions against terrorist groups and individual terrorists under resolution 1373 (2001) and the implementation of targeted financial and travel sanctions and arms embargo against those listed under resolution 2253 (2015) by sharing information with other relevant States and international organizations about such individuals and groups to the greatest degree possible, consistent with international and national law;
“8. Recalls that all States shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, and urges States to act in accordance with their obligations under international law, in order to find and bring to justice, extradite or prosecute any person who supports, facilitates, participates or attempts to participate in the direct or indirect financing of activities conducted by terrorists or terrorist groups;
“9. Calls upon all States to:
(a) Exchange information, in accordance with international and domestic law and cooperate on administrative, police and judicial matters to prevent the commission of terrorist acts and to counter the FTF threat, including returnees;
(b) Consider the possibility of allowing through appropriate laws and mechanisms, the transfer of criminal proceedings, as appropriate, in terrorist-related cases;
(c) Enhance cooperation to prevent terrorists from benefiting from transnational organized crime, to investigate and to build the capacity to prosecute such terrorists and transnational organized criminals working with them;
(d) Enhance cooperation to deny safe haven to those who finance, plan, support, commit terrorist acts, or provide safe havens;
“10. Calls upon all States to ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists;
“11. Urges also as a matter of priority that Member States consider, as appropriate, ratifying, acceding to, and implementing other relevant international conventions to support international cooperation in criminal matters, such as the UN Convention against Transnational Organized Crime of 2000 and the Protocols thereto;
“12. Urges States to develop, including, upon request, with the assistance of UNODC and in close cooperation with UNESCO and INTERPOL, broad law enforcement and judicial cooperation in preventing and combating all forms and aspects of trafficking in cultural property and related offences that benefit or may benefit terrorist or terrorist groups, and to introduce effective national measures at the legislative and operational levels where appropriate, and in accordance with obligations and commitments under international law and national instruments, to prevent and combat trafficking in cultural property and related offences, including considering to designate such activities that may benefit terrorist or terrorist groups, as a serious crime in accordance with article 2 of the UN Convention against Transnational Organized Crime;
“13. Calls upon all States to:
(a) Use applicable international instruments to which they are parties as a basis for mutual legal assistance and, as appropriate, for extradition in terrorism cases, and encourages States, in the absence of applicable conventions or provisions, to cooperate when possible on the basis of reciprocity or on a case by case basis;
(b) Enact and, where appropriate, review and update extradition and mutual legal assistance laws in connection with terrorism-related offences, consistently with their international obligations, including their obligations under international human rights law, and to consider reviewing national mutual legal assistance laws and mechanisms related to terrorism and updating them as necessary in order to strengthen their effectiveness, especially in the light of the substantial increase in the volume of requests for digital data;
(c) Consider strengthening implementation, and where appropriate, reviewing possibilities for enhancing the effectiveness of their respective bilateral and multilateral treaties concerning extradition and Mutual Legal Assistance in criminal matters related to counter-terrorism;
(d) Consider ways within the framework of the implementation of existing applicable international legal instruments to simplify extradition and MLA requests in appropriate terrorism-related cases, while recognizing the need for due consideration, in light of the need to uphold relevant legal obligations;
(e) Designate mutual legal assistance and extradition Central Authorities or other relevant criminal justice authorities and ensure that such authorities have adequate resources, training and legal authority, in particular for terrorism related offences;
(f) Take measures, where appropriate, to update current practices on MLA regarding acts of terrorism, including considering, where appropriate, the use of electronic transfer of requests to expedite the proceedings between Central Authorities or, as appropriate, other relevant criminal justice authorities with full respect to existing treaty obligations;
(g) Consider providing UNODC with information for its repository database with contacts and other relevant details of designated authorities;
(h) Consider developing and participating in regional mutual legal assistance cooperation platforms and developing and enhancing arrangements for expeditious cross-regional cooperation for terrorism related offences;
“14. Encourages Member States to act cooperatively to prevent terrorists from recruiting, to counter their violent extremist propaganda and incitement to violence on the Internet and social media, including by developing effective counter narratives, while respecting human rights and fundamental freedoms and in compliance with obligations under international law, and stresses the importance of cooperation with civil society and the private sector in this endeavor;
“15. Calls upon all States, in conformity with international law, to consider establishing appropriate laws and mechanisms that allow for the broadest possible international cooperation, including the appointment of liaison officers, police to police cooperation, the creation/use, when appropriate, of joint investigation mechanisms, and enhanced coordination of cross-border investigations in terrorism cases, and also calls upon States to increase, where appropriate, their use of electronic communication and universal templates, in full respect for fair trial guarantees of the accused;
“16. Recognizes the proven effectiveness of I-24/7, INTERPOL’s secure global communication system, as well as its array of investigative and analytical databases, and its system of notices in the framework of the fight against terrorism, encourages States to increase the capacity of their National Central Bureaus to utilize them and to designate a 24 hour/ seven days a week point of contact for this network and to take the necessary measures to ensure its adequate training in its use to counter terrorism and foreign terrorist fighters, including illicit international travel;
“17. Encourages also States, to consider extending access to, and where appropriate, integrate into their national systems, the INTERPOL I-24/7 police information network beyond the National Central Bureaus to other national law enforcement entities at strategic locations such as remote border crossings, airports, customs and immigration posts or police stations;
“18. Encourages Member States, international, regional and sub-regional organizations to consider the possibility of developing 24/7 networks to counter terrorism while taking into account their existing arrangements for cooperation, and in this regard, takes note of the creation of a 24 hours seven days a week point of contact cooperation network in the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (May 2015) to combat terrorism, in furtherance of the implementation of resolution 2178 (2014);
“19. Directs the Counter Terrorism Committee, with the support of CTED to:
(a) Include in its dialogue with international, regional and subregional organizations and Member States their efforts to promote international law enforcement and judicial cooperation in counter-terrorism matters and to work closely with international, regional and subregional organizations and relevant UN bodies that have developed relevant networks and cross regional cooperation in order to facilitate international cooperation to counter terrorism and foreign terrorist fighters, including returnees, particularly by providing analysis on capacity gaps and recommendations based on CTED’s country assessments;
(b) Identify gaps or trends in current international cooperation among Member States, including through CTC briefings to exchange information on good practices, and facilitate capacity building, including through sharing good practices and exchange of information in this regard;
(c) Work with CTITF entities, in particular UNODC, to identify areas where it is appropriate to deliver technical assistance to Member States, upon their request, to implement this resolution, including through the training of prosecutors, judges and other relevant officials involved in international cooperation, particularly by providing analysis on capacity gaps and recommendations based on CTED’s country assessments;
(d) Identify and raise awareness on good practices on international judicial and law enforcement cooperation in counter-terrorism matters;
“20. Requests UNODC to further enhance, in close consultation with the Counter-terrorism Committee and its Executive Directorate, its provision of technical assistance to States, upon request, to facilitate the implementation of the international conventions and protocols related to the prevention and suppression of terrorism and of relevant United Nations resolutions and further requests UNODC, together with Member States, to continue to promote, inter alia, international cooperation in criminal matters related to terrorism, including foreign terrorist fighters, especially with regard to extradition and mutual legal assistance;
“21. Requests the Counter Terrorism Executive Directorate, with the assistance of UNODC and in consultation with CTITF office to prepare a report on the current state of international law enforcement and judicial cooperation related to terrorism, identifying major gaps and providing the Counter Terrorism Committee with recommendations to address them within ten months;
“22. Requests CTC to update the Council in twelve months on the implementation of this resolution.”
Source: United Nations