Security Council resolution 2379 (2017) [on establishment of an Investigative Team to Support Domestic Efforts to Hold the Islamic State in Iraq and the Levant Accountable for Its Actions in Iraq]
Symbol: S/RES/2379 (2017)
Date: 2017-09-21
Status: adopted
Agenda: S/72 [119] IRAQ SITUATION
Subjects: UN Investigative Team to Promote Accountability for Crimes Committed by Da'esh/Islamic State in Iraq and the Levant|UN. Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da'esh/Islamic State in Iraq and the Levant|Islamic State in Iraq and the Levant (Organization)|TERRORISM|WAR CRIMES|CRIMES AGAINST HUMANITY|GENOCIDE|ACCOUNTABILITY|IRAQ|CRIMINAL INVESTIGATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: ITALY
vote: yes
country: JAPAN
vote: yes
country: KAZAKHSTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SWEDEN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes

               United Nations                                                                    S/RES/2379 (2017)
               Security Council                                                  Distr.: General
                                                                                 21 September 2017




               Resolution 2379 (2017)
               Adopted by the Security Council at its 8052nd meeting, on
               21 September 2017

                    The Security Council,
                    Reaffirming its resolutions 1265 (1999), 1325 (2000), 1368 (2001), 1373
               (2001), 1624 (2005), 1894 (2009), 2106 (2013), 2150 (2014), 2170 (2014), 2178
               (2014), 2199 (2015), 2242 (2015), 2249 (2015), 2253 (2015), 2322 (2016), 2331
               (2016), 2341 (2017), 2347 (2017), 2354 (2017), 2367 (2017), 2368 (2017), 2370
               (2017) and its relevant presidential statements,
                    Reaffirming its respect for the sovereignty, territorial integrity, independence
               and unity of Iraq, in accordance with the purposes and principles of the Charter of
               the United Nations,
                     Recalling that the Islamic State in Iraq and the Levant (ISIL, also known as
               Da’esh) constitutes a global threat to international peace and security through its
               terrorist acts, its violent extremist ideology, its continued gross, systematic and
               widespread attacks directed against civilians, its violations of international
               humanitarian law and abuses of human rights, particularly those committed against
               women and children, and including those motivated by religious or ethnic grounds,
               and its recruitment and training of foreign terrorist fighters whose threat affects all
               regions and Member States,
                     Condemning the commission of acts by ISIL (Da’esh) involving murder,
               kidnapping, hostage-taking, suicide bombings, enslavement, sale into or otherwise
               forced marriage, trafficking in persons, rape, sexual slavery and other forms of
               sexual violence, recruitment and use of children, attacks on critical infrastructure, as
               well as its destruction of cultural heritage, including archaeological sites, and
               trafficking of cultural property,
                     Further recognizing that the commission of such acts which may amount to
               war crimes, crimes against humanity or genocide, is part of the ideology and
               strategic objectives of ISIL (Da’esh), and used by ISIL (Da’esh) as a tactic of
               terrorism, and that holding ISIL (Da’esh) members accountable, particularly those
               who bear the greatest responsibility, including in terms of leadership, which can
               include regional or mid-level commanders, and the ordering and commission of
               crimes, will further expose this, and could assist in countering terrorism and violent
               extremism which can be conducive to terrorism, including by stemming financing
               and the continued flow of international recruits to the terrorist group ISIL (Da’esh),




17-16646 (E)
*1716646*

S/RES/2379 (2017)

                    Welcoming the considerable efforts of the Government of Iraq to defeat ISIL
               (Da’esh), and its letter to the Secretary-General and Security Council dated
               9 August 2017 calling for the assistance of the international community to ensure
               that members of ISIL (Da’esh) are held accountable for their crimes in Iraq,
               including where those may amount to crimes against humanity ( S/2017/710),
                     1.   Reiterates its condemnation of all violations of international
               humanitarian law, violations and abuses of international hu man rights law, and acts
               of terrorism, and expresses its determination that, having united to defeat the
               terrorist group ISIL (Da’esh), those responsible in this group for such acts,
               including those that may amount to war crimes, crimes against humanity, a nd
               genocide, must be held accountable;
                     2.    Requests the Secretary-General to establish an Investigative Team,
               headed by a Special Adviser, to support domestic efforts to hold ISIL (Da’esh)
               accountable by collecting, preserving, and storing evidence in Iraq of acts that may
               amount to war crimes, crimes against humanity and genocide committed by the
               terrorist group ISIL (Da’esh) in Iraq, to the highest possible standards, which should
               be addressed by the Terms of Reference referred to in paragraph 4, to ensur e the
               broadest possible use before national courts, and complementing investigations
               being carried out by the Iraqi authorities, or investigations carried out by authorities
               in third countries at their request;
                    3.    Underlines that the Special Adviser, while avoiding duplication of effort
               with other relevant United Nations bodies, will also promote throughout the world,
               accountability for acts that may amount to war crimes, crimes against humanity or
               genocide committed by ISIL (Da’esh), and work with survivors, in a manner
               consistent with relevant national laws, to ensure their interests in achieving
               accountability for ISIL (Da’esh) are fully recognized;
                     4.   Requests the Secretary-General to submit to the Security Council, for its
               approval, within 60 days, Terms of Reference acceptable to the Government of Iraq
               in order to ensure the Team can fulfil its mandate, and consistent with this
               resolution, in particular paragraph 6, regarding the operation of the Investigative
               Team in Iraq;
                     5.   Underscores that the Investigative Team shall operate with full respect
               for the sovereignty of Iraq and its jurisdiction over crimes committed in its territory,
               and that the Team’s Terms of Reference shall specify that Iraqi investigative judges,
               and other criminal experts, including experienced members of the prosecution
               services, will be appointed to the Team to work on an equal footing alongside
               international experts, and further underscores that evidence of crimes collected and
               stored by the Team in Iraq should be for eventual use in fair and independent
               criminal proceedings, consistent with applicable international law, conducted by
               competent national-level courts, with the relevant Iraqi authorities as the primary
               intended recipient as specified in the Terms of Reference, and with any other uses to
               be determined in agreement with the Government of Iraq on a case by case basis;
                     6.    Emphasizes that the Team should be impartial, independent, and credible
               and should act consistent with the Terms of Reference which set out the f ramework
               in which the Team will operate, the Charter of the United Nations and United
               Nations best practice, and relevant international law including international human
               rights law;
                    7.   Requests that, after the Security Council has approved the Terms of
               Reference that are acceptable to the Government of Iraq, the Secretary -General
               undertake without delay the steps, measures, and arrangements necessary for the



2/3                                                                                                       17-16646

                                                                                               S/RES/2379 (2017)

           speedy establishment and full functioning of the Team, in accordance with the
           Terms of Reference, and notify it when the Team begins its work;
                 8.   Underlines that the Team should ensure its Iraqi members benefit from
           international expertise on the Team, and make every effort to share knowledge and
           technical assistance with Iraq;
                9.    Encourages Member States, and regional and intergovernmental
           organizations, to provide appropriate legal assistance and capacity building to the
           Government of Iraq in order to strengthen its courts and judicial system;
                 10. Calls on all other States to cooperate with the Team including through
           mutual arrangements on legal assistance, where necessary and appropriate, and in
           particular to provide it with any relevant information as appropriate they may
           possess pertaining to its mandate under this resolution;
                11. Underlines that another Member State in whose territory ISIL (Da’esh)
           has committed acts that may amount to war crimes, crimes against humanity, or
           genocide, may request the Team to collect evidence of such acts, but only with the
           approval of the Security Council which may request the Secretary-General to submit
           separate Terms of Reference with regards to the operation of the Team in that State;
                12. Requests the Team to cooperate, as appropriate, and consistent with its
           investigative functions in paragraph 2, with the Analytical Support and Sanctions
           Monitoring Team established pursuant to resolution 1526 (2004) and 2368 (2017)
           and with any other relevant monitoring bodies, and to work with other United
           Nations bodies within their respective mandates;
                 13. Requests the Secretary-General to establish, as a supplement to financing
           as an expense of the Organization, a trust fund to receive voluntary contributions to
           implement this resolution;
                 14. Calls on States, and regional and intergovernmental organizations, to
           contribute funds, equipment and services to the Team including the offer of expert
           personnel in support of the implementation of this resolution;
                 15. Requests the Special Adviser to complete the first report of the Team’s
           activities, within 90 days of the date on which it commences its activities, as
           notified by the Secretary-General, and to complete subsequent reports every 180
           days thereafter, and requests the Special Adviser to present these reports to the
           Security Council;
                16. Decides to review the mandate of the Special Adviser and Team after a
           period of two years, with any further extension to be decided at the request of the
           Government of Iraq, or any other government that has requested the Team to collect
           evidence of acts that may amount to war crimes, crimes against humanity, or
           genocide, committed by ISIL (Da’esh) in its territory;
                17.   Decides to remain actively seized of the matter.




17-16646                                                                                                    3/3