Security Council resolution 2216 (2015) [on cessation of violence in Yemen and the reinforcement of sanctions imposed by Security Council resolution 2104 (2014)]
Symbol: S/RES/2216 (2015)
Date: 2015-04-14
Status: adopted
Agenda: S/70 [58] YEMEN--POLITICAL CONDITIONS
Subjects: Houthis|UN. Panel of Experts Established pursuant to Security Council Resolution 2140 (2014)|Gulf Cooperation Council Initiative (2011)|Charter of the United Nations (1945). Chapter VII|POLITICAL CONDITIONS|INTERNAL SECURITY|HUMANITARIAN ASSISTANCE|ARMS EMBARGO|SANCTIONS|YEMEN|DIPLOMATIC PRIVILEGES AND IMMUNITIES|MIDDLE EAST SITUATION
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                     S/RES/2216 (2015)
               Security Council                                                 Distr.: General
                                                                                14 April 2015




               Resolution 2216 (2015)
               Adopted by the Security Council at its 7426th meeting, on
               14 April 2015

                    Security Council,
                    Recalling its resolutions 2014 (2011), 2051 (2012), 2140 (2014), 2201 (2015),
               and 2204 (2015) and presidential statements of 15 February 2013, 29 August 2014,
               and 22 March 2015,
                     Noting the letter dated 24 March 2015 from the Permanent Representative of
               Yemen, to the United Nations, transmitting a letter from the President of Yemen, in
               which he informed the President of the Security Council that “he has requested from
               the Cooperation Council for the Arab States of the Gulf and the League of Arab
               States to immediately provide support, by all necessary means and measures,
               including military intervention, to protect Yemen and its people from the continuing
               aggression by the Houthis”, and noting the letter dated 26 March 2015 from the
               Permanent Representative of the State of Qatar, S/2015/217, transmitting a letter
               from the Representatives of the Kingdom of Bahrain, the State of Kuwait, the State
               of Qatar, the Kingdom of Saudi Arabia and the United Arab Emirates,
                     Recalling the resolution of Summit XXVI of the League of Arab States on the
               developments in Yemen, stressing inter alia the necessity to resume Yemen’s
               political transition process with the participation of all Yemeni parties in accordance
               with the Gulf Cooperation Council Initiative and its Implementation Mechanism and
               the outcomes of the comprehensive National Dialogue conference,
                      Reaffirming its strong commitment to the unity, sovereignty, independence and
               territorial integrity of Yemen, and its commitment to stand by the people of Yemen,
                    Condemning the growing number of and scale of the attacks by Al-Qaida in
               the Arabian Peninsula (AQAP),
                    Expressing concern at the ability of AQAP to benefit from the deterioration of
               the political and security situation in Yemen, mindful that any acts of terrorism are
               criminal and unjustifiable regardless of their motivation, whenever, wherever an d by
               whomsoever committed,
                     Reiterating its support for the efforts of the Gulf Cooperation Council in
               assisting the political transition in Yemen and commending its engagement in this
               regard,


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                     Reaffirming its support for the legitimacy of the President of Yemen, Abdo
               Rabbo Mansour Hadi, and reiterating its call to all parties and Member States to
               refrain from taking any actions that undermine the unity, sovereignty, independence
               and territorial integrity of Yemen, and the legitimacy of the President of Yemen,
                     Expressing grave alarm at the significant and rapid deterioration of the
               humanitarian situation in Yemen, and emphasizing that the humanitarian situation
               will continue to deteriorate in the absence of a political solution,
                    Recalling that arbitrary denial of humanitarian access and depriving civilians
               of objects indispensable to their survival, including wilfully impeding relief supply
               and access, may constitute a violation of international humanitarian law,
                     Emphasizing the need for the return to the implementation of the Gulf
               Cooperation Council Initiative and its Implementation Mechanism and the outcomes
               of the comprehensive National Dialogue conference, including drafting a new
               constitution, electoral reform, the holding of a referendum on the d raft constitution
               and timely general elections, to avoid further deterioration of the humanitarian and
               security situation in Yemen,
                    Reaffirming its full support for, and commitment to, the efforts of the United
               Nations and the Special Adviser of the Secretary-General on Yemen, in particular to
               the UN-brokered negotiations, and its support for the efforts of the Group of
               Ambassadors in Sana’a,
                     Alarmed at the military escalation by the Houthis in many parts of Yemen
               including in the Governorates of Ta’iz, Marib, AlJauf, Albayda, their advance
               towards Aden, and their seizure of arms, including missile systems, from Yemen ’s
               military and security institutions,
                     Condemning in the strongest terms the ongoing unilateral actions taken by the
               Houthis, and their failure to implement the demands in resolution 2201 (2015) to
               immediately and unconditionally withdraw their forces from government
               institutions, including in the capital Sana’a, normalize the security situation in the
               capital and other provinces, relinquish government and security institutions, and
               safely release all individuals under house arrest or arbitrarily detained, and
               reiterating its call on all non-State actors to withdraw from government institutions
               across Yemen and to refrain from any attempts to take over such institutions,
                     Deploring any attempt by the Houthis to take actions that are exclusively
               within the authority of the legitimate Government of Yemen, and noting that such
               actions are unacceptable,
                     Expressing alarm that such actions taken by the Houthis undermine the
               political transition process in Yemen, and jeopardize the security, stability,
               sovereignty and unity of Yemen,
                    Noting with concern the destabilizing actions taken by the former President of
               Yemen, Ali Abdullah Saleh, including supporting the Houthis’ actions, which
               continue to undermine the peace, security and stability of Yemen,
                     Welcoming the intention of the Gulf Cooperation Council to convene a
               conference in Riyadh, upon the request of the President of Yemen, with the
               participation of all Yemeni parties to further support the political transition in
               Yemen, and to complement and support the UN-brokered negotiations,



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                Recalling its resolution 2117 (2013) and expressing grave concern at the threat
           to peace and security in Yemen arising from the illicit transfer, destabilising
           accumulation and misuse of small arms and light weapons,
                Recognizing that the continuing deterioration of the security situation and
           escalation of violence in Yemen poses an increasing and serious threat to
           neighbouring States and reaffirming its determination that the situation in Yemen
           constitutes a threat to international peace and security,
                Acting under Chapter VII of the Charter of the United Nations,
                1.   Demands that all Yemeni parties, in particular the Houthis, fully
           implement resolution 2201 (2015), refrain from further unilateral actions that could
           undermine the political transition in Yemen, and further demands that the Houthis
           immediately and unconditionally:
                (a)   end the use of violence;
                 (b) withdraw their forces from all areas they have seized, including the
           capital Sana’a;
                 (c) relinquish all additional arms seized from military and security
           institutions, including missile systems;
                 (d) cease all actions that are exclusively within the authority of the
           legitimate Government of Yemen;
                (e) refrain from any provocation or threats to neighbouring States, including
           through acquiring surface-surface missiles, and stockpiling weapons in any
           bordering territory of a neighbouring State;
                 (f) safely release Major-General Mahmoud al-Subaihi, the Minister of
           Defence of Yemen, all political prisoners, and all individuals under house arrest or
           arbitrarily detained; and
                 (g) end the recruitment and use of children and release all children from
           their ranks;
                 2.   Requests the Secretary-General to report on the implementation of this
           resolution and resolution 2201 (2015), in particular paragraph 1 of this resolution, in
           10 days from the adoption of this resolution; and in case of further
           non-implementation, expresses its intent to consider designating additional
           individuals and entities who are engaged in or providing support for acts that
           threaten the peace, security or stability of Yemen, to be subject to the measures
           imposed by paragraphs 11 and 15 of resolution 2140 (2014);
                3.     Decides that the individuals listed in the annex of this resolution shall be
           subject to the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014);
                4.    Reiterates the importance of the implementation of all measures imp osed
           by resolution 2140 (2014), as extended in resolution 2204 (2015);
                5.   Calls upon all Yemeni parties, in particular the Houthis, to abide by the
           Gulf Cooperation Council Initiative and its Implementation Mechanism, the
           outcomes of the comprehensive National Dialogue conference, and the relevant
           Security Council resolutions and to resume and accelerate inclusive United Nations -
           brokered negotiations, including on issues relating to governance, to continue the



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               political transition in order to reach a consensus solution and stresses the
               importance of full implementation of agreements reached and commitments made
               towards that goal and calls on the parties, in this regard, to agree on the conditions
               leading to an expeditious cessation of violence, in accordanc e with the United
               Nations Charter and relevant Security Council resolutions, including this resolution
               and resolution 2201 (2015);
                     6.   Demands that all Yemeni parties adhere to resolving their differences
               through dialogue and consultation, reject acts of violence to achieve political goals,
               and refrain from provocation and all unilateral actions to undermine the political
               transition and stresses that all parties should take concrete steps to agree and
               implement a consensus-based political solution to Yemen’s crisis in accordance with
               the Gulf Cooperation Council Initiative and its Implementation Mechanism and the
               outcomes of the comprehensive National Dialogue conference;
                    7.    Urges all Yemeni parties to respond positively to the request of the
               President of Yemen to attend a conference in Riyadh, under the auspices of the Gulf
               Cooperation Council, to further support the political transition in Yemen, and to
               complement and support the UN-brokered negotiations;
                     8.   Calls on all parties to comply with their obligations under international
               law, including applicable international humanitarian law and human rights law;
                     9.    Reaffirms, consistent with international humanitarian law, the need for all
               parties to ensure the safety of civilians, including those receiving assistance, as well
               as the need to ensure the security of humanitarian personnel and United Nations and
               its associated personnel, and urges all parties to facilitate the delivery of
               humanitarian assistance, as well as rapid, safe and unhindered access for
               humanitarian actors to reach people in need of humanitarian assistance, including
               medical assistance;
                     10. Calls on all parties to facilitate the evacuation by concerned States and
               international organizations of their civilians and personnel from Yemen a nd
               commends steps already taken in this regard;
                    11. Reaffirms the principle of the inviolability of diplomatic and consular
               premises and the obligations of host Governments, including under the 1961 Vienna
               Convention on Diplomatic Relations and under the 1963 Vienna Convention on
               Consular Relations, to take all appropriate steps to protect diplomatic and consular
               premises against any intrusion or damage, and to prevent any disturbance of the
               peace of these missions or impairment of their dignity;
                     12. Requests the Secretary-General to intensify his efforts in order to
               facilitate the delivery of humanitarian assistance and evacuation, including the
               establishment of humanitarian pauses, as appropriate, in coordination with the
               Government of Yemen, and calls on Yemeni parties to cooperate with the Secretary-General to deliver humanitarian aid to those in need;
                     13. Further requests the Secretary-General to intensify his good offices role
               in order to enable a resumption of a peaceful, inclusive, orderly and Yem eni-led
               political transition process that meets the legitimate demands and aspirations of the
               Yemeni people, including women, for peaceful change and meaningful political,
               economic and social reform, as set out in the Gulf Cooperation Council Initiative
               and Implementation Mechanism and the outcomes of the comprehensive National



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           Dialogue conference, and stresses the importance of the United Nations’ close
           coordination with international partners, in particular the Gulf Cooperation Council,
           Group of Ambassadors in Sana’a, and other actors, in order to contribute to a
           successful transition;

           Arms embargo
                 14. Decides that all Member States shall immediately take the necessary
           measures to prevent the direct or indirect supply, sale or transfer to, or for the
           benefit of Ali Abdullah Saleh, Abdullah Yahya Al Hakim, Abd Al -Khaliq Al-Huthi,
           and the individuals and entities designated by the Committee established pursuant to
           paragraph 19 of resolution 2140 (2014) (hereinafter referred to as “the Committee”)
           pursuant to paragraph 20 (d) of this resolution, the individuals and entities listed in
           the annex of this resolution, and those acting on their behalf or at their direction in
           Yemen, from or through their territories or by their nationals, 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 assistance, training, financial or other
           assistance, related to military activities or the provision, maintenance or use of any
           arms and related materiel, including the provision of armed mercenary personnel
           whether or not originating in their territories;
                 15. Calls upon Member States, in particular States neighbouring Yemen, to
           inspect, in accordance with their national authorities and legislation and consistent
           with international law, in particular the law of the sea and relevant international
           civil aviation agreements, all cargo to Yemen, in their te rritory, including seaports
           and airports, if the State concerned has information that provides reasonable
           grounds to believe the cargo contains items the supply, sale, or transfer of which is
           prohibited by paragraph 14 of this resolution for the purpose of ensuring strict
           implementation of those provisions;
                 16. Decides to authorize all Member States to, and that all Member States
           shall, upon discovery of items the supply, sale, or transfer of which is prohibited by
           paragraph 14 of this resolution, seize and dispose (such as through destruction,
           rendering inoperable, storage or transferring to a State other than the originating or
           destination States for disposal) of such items and decides further that all Member
           States shall cooperate in such efforts;
                 17. Requires any Member State when it undertakes an inspection pursuant to
           paragraph 15 of this resolution, to submit promptly an initial written report to the
           Committee containing, in particular, explanation of the grounds for the inspections,
           the results of such inspections, and whether or not cooperation was provided, and, if
           prohibited items for supply, sale, or transfer are found, further requires such
           Member States to submit to the Committee within 30 days a subsequent written
           report containing relevant details on the inspection, seizure, and disposal, and
           relevant details of the transfer, including a description of the items, their origin and
           intended destination, if this information is not in the initial report;

           Additional designation criteria
                 18. Reaffirms the designation criteria set out in paragraph 17 of resolution
           2140 (2014), the measures imposed by paragraphs 11 and 15 of the same and stresses
           the importance of their full implementation;


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                     19. Reaffirms paragraph 18 of resolution 2140 (2014), and underscores that
               acts that threaten the peace, security, or stability of Yemen may also include the
               violations of the arms embargo imposed by paragraph 14 or obstructing the delivery
               of humanitarian assistance to Yemen or access to, or distribution of, humanitarian
               assistance in Yemen;

               Mandate of the Sanctions Committee
                     20. Decides that the Committee established pursuant to paragraph 19 of
               resolution 2140 (2014) shall also undertake the following tasks:
                     (a) monitoring implementation of the measures imposed in paragraph 14 of
               this resolution;
                    (b) seeking from all States whatever information it may consider useful
               regarding the actions taken by them to implement effectively the measures imposed
               by paragraph 14 above;
                     (c) examining and taking appropriate action on information regarding
               alleged non-compliance with the measures contained by this resolution;
                    (d) designating as may be necessary additional individuals and entities
               subject to the measures imposed by paragraph 14 above;

               Mandate of the Panel of Experts
                     21. Decides that the mandate of the Panel of Experts established pursuant to
               paragraph 21 of resolution 2140 (2014) and renewed by resolution 2204 (2015) shall
               also include monitoring implementation of the measures imposed by paragraph 1 4;
                     22. Requests the Secretary-General, having due regard for the increased
               mandate of the Panel of Experts, to increase the Panel to five members, and make
               the necessary financial and security arrangements to support the work of the Panel;
                   23. Calls upon the Panel of Experts to cooperate actively with other Panels
               or Groups of Experts established by the Security Council, including the 1267
               Monitoring Team, as relevant to the implementation of their mandate;

               Commitment to review
                    24. Reaffirms its readiness to take further measures in case of
               non-implementation by any Yemeni party of this resolution and resolution 2201
               (2015);
                    25.   Decides to remain actively seized of the matter.




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           Annex

           1.   Abdulmalik al-Houthi
                Abdul Malik al Houthi is a leader of a group that has engaged in acts that
                threaten the peace, security, or stability of Yemen.
                In September 2014, Houthi forces captured Sanaa and in January 2015 they
                attempted to unilaterally replace the legitimate government of Yemen with an
                illegitimate governing authority that the Houthis dominated. Al-Houthi
                assumed the leadership of Yemen’s Houthi movement in 2004 after the death
                of his brother, Hussein Badredden al-Houthi. As leader of the group, al-Houthi
                has repeatedly threatened Yemeni authorities with further unrest if they do not
                respond to his demands and detained President Hadi, Prime Minister, and key
                cabinet members. Hadi subsequently escaped to Aden. The Houthis then
                launched another offensive towards Aden assisted by military units loyal to
                former president Saleh and his son, Ahmed Ali Saleh.
           2.   Ahmed Ali Abdullah Saleh
                Ahmed Ali Saleh has engaged in acts that threaten the peace, security, and
                stability of Yemen.
                Ahmed Ali Saleh has been working to undermine President Hadi ’s authority,
                thwart Hadi’s attempts to reform the military, and hinder Yemen’s peaceful
                transition to democracy. Saleh played a key role in facilitating the Houthi
                military expansion. As of mid-February 2013, Ahmed Ali Saleh had issued
                thousands of new rifles to Republican Guard brigades and unidentified tribal
                shaykhs. The weapons were originally procured in 2010 and reserved to
                purchase the loyalties of the recipients for political gain at a later date.
                After Saleh’s father, former Republic of Yemen President Ali Abdullah Saleh,
                stepped down as President of Yemen in 2011, Ahmed Ali Saleh retained his
                post as commander of Yemen’s Republican Guard. A little over a year later,
                Saleh was dismissed by President Hadi but he retained significant influence
                within the Yemeni military, even after he was removed from command. Ali
                Abdullah Saleh was designated by the UN under UNSCR 2140 in November
                2014.




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