United Nations Security Council draft resolution S/2020/852
Date: 2020-08-31 (meeting S/2020/865)
Agenda: Threats to international peace and security caused by terrorist acts
Vetoed by: USA

United Nations
Security Council
Distr.: General
31 August 2020
Original: English
S/2020/852

Indonesia: draft resolution
The Security Council,
Recalling its resolutions 1267 (1999), 1325 (2000), 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), 2133 (2014), 2161 (2014), 2170
(2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015), 2242 (2015), 2249
(2015), 2250 (2015), 2253 (2015), 2309 (2016), 2322 (2016), 2331 (2016), 2341
(2017), 2347 (2017), 2349 (2017), 2354 (2017), 2368 (2017), 2379 (2017), 2388
(2017), 2396 (2017), 2427 (2018), 2462 (2019), 2482 (2019),

Reaffirming that terrorism in all forms and manifestations constitutes one of the
most serious threats to international peace and security and that any acts of terrorism
are criminal and unjustifiable regardless of their motivations, whenever, wherever and
by whomsoever committed and recognizing that international cooperation and any
measures taken by Member States to prevent and combat terrorism must comply fully
with the Charter of the United Nations,

Reaffirming that Member States must ensure that any measures taken to counter
terrorism comply with all their obligations under international law, in particular
international human rights law, international refugee law, and international
humanitarian law, underscoring that respect for human rights, fundamental freedoms
and the rule of law are complementary and mutually reinforcing with effective
counter-terrorism measures, and are an essential part of a successful counter-terrorism
effort, noting the importance of respect for the rule of law so as to effectively prevent
and combat terrorism, and noting that failure to comply with these and other
international obligations, including under the Charter of the United Nations, is one of
the factors contributing to increased radicalization to terrorism and fosters a sense of
impunity,

Reaffirming its respect for the sovereignty, territorial integrity and political
independence of all States in accordance with the Charter of the United Nations,

Emphasizing that terrorism and violent extremism conducive to terrorism cannot
and should not be associated with any religion, nationality, or civilization,

Deeply deploring the suffering caused by terrorism to victims and their families,
expressing its profound solidarity with them, and acknowledging the importance of
providing them with appropriate support and assistance, and recognizing further the
important roles that victims and survivor networks play in countering terrorism and
violent extremism conducive to terrorism,
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S/2020/852
Recalling its resolution 2178 (2014) and the definition of Foreign Terrorist
Fighters (FTFs), and expressing grave concern over the persistent threat posed by
FTFs who have joined Islamic State in Iraq and the Levant (Da'esh), Al-Qaida and
associated individuals, groups, undertakings and entities, as designated by the
1267/1989/2253 ISIL (Da'esh) and Al-Qaida Sanctions Committee, potentially
returning or relocating, particularly from conflict zones, to their countries of origin
or nationality, or to third countries, and recognizing the threat of returning or
relocating of such FTFs by recruiting for or otherwise providing continued support
for Islamic State in Iraq and the Levant (Da'esh), Al-Qaida and associated
individuals, groups, undertakings and entities,

Concerned that FTFs increase the intensity, duration and intractability of
conflicts, pose a serious threat to their States of origin, the States they transit and the
States to which they travel, as well as States neighbouring zones of armed conflict in
which FTFs are active and that are affected by serious security burdens, and noting
that the threat of FTFs may affect all regions and Member States, even those far from
conflict zones, and expressing grave concern that FTFs are using their terrorist
ideology to recruit and radicalize to terrorism,

Acknowledging that returning and relocating FTFs have attempted, organized,
planned, or participated in terrorist attacks in their countries of origin or nationality,
or third countries, including against "soft" targets, and that the Islamic State in Iraq
and the Levant (Da'esh), in particular has called on its supporters and affiliates to
carry out attacks wherever they are located,

Stressing that Member States have the primary responsibility in countering
terrorist acts and violent extremism conducive to terrorism,

Recalling the obligation of all Member States, in resolution 1373 (2001), to
ensure that any person who participates in the financing, planning, preparation or
perpetration of terrorist acts or in supporting terrorist acts is brought to justice and to
ensure that, in addition to any other measures against them, such terrorist acts are
established as serious criminal offences in domestic laws and regulations and that the
punishment duly reflects the seriousness of such terrorist acts, reminding all States
further of their obligations to ensure that their domestic laws and regulations establish
serious criminal offenses sufficient to provide the ability to prosecute and to penalize
the activities described in paragraph 6 of resolution 2178 (2014) and in paragraph 5
of resolution 2462 (2019) in a manner duly reflecting the seriousness of the offenses,
noting further that consistent sentencing provides a greater level of transparency and
deterrence, and recognizing that criminal punishments for terrorism-related crimes,
particularly those imposed on FTFs, need to be consistent and reflect the seriousness
of the offenses,

Recognizing that a comprehensive approach to the threat posed by terrorists,
including FTFs, requires addressing the conditions conducive to the spread of
terrorism, including by preventing radicalization to terrorism, stemming recruitment,
disrupting financial support to terrorists, countering incitement to commit terrorist
acts, and promoting political and religious tolerance, good governance, economic
development, social cohesion and inclusiveness, gender equality and youth
participation, ending and resolving armed conflicts, and facilitating investigation,
prosecution, reintegration and rehabilitation,

Underscoring the importance of a whole of government and all of society
approach and recognizes the important role civil society organizations can play, in
contributing to the rehabilitation and reintegration of FTFs, and their accompanying
families, following a robust risk and needs based assessment, as civil society
organizations may have relevant knowledge of, access to and engagement with local
communities to be able to confront the challenges of recruitment and radicalization
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S/2020/852
to terrorism, and encourages Member States to engage with them proactively when
developing rehabilitation and reintegration measures,
Underlining the importance of information sharing and mutual legal assistance,
in line with applicable international and national law, as reflected in relevant
provisions of resolution 2322 (2016),
Noting efforts made by an increasing number of regional and sub-regional
organizations in countering terrorism and urging all relevant regional and sub-
regional organizations to enhance coordination and the effectiveness of their counter-
terrorism efforts within their respective mandates and in accordance with
international law, including relevant Security Council obligations, including with a
view to developing their capacity to help their member states in their efforts to tackle
the threats to international peace and security posed by acts of terrorism,
Noting that beneficiaries of rehabilitation and reintegration programmes present
a diversity of vulnerabilities, risks and needs, including psychosocial, educational,
and familial, and that these should be assessed on a robust evidence base,
Reaffirming that Member States face challenges in obtaining admissible
evidence, including digital and physical evidence, from conflict zones that can be
used to help prosecute and secure the conviction of FTFs and those supporting FTFs,
emphasizing the need to improve the collection, handling, preservation and sharing
of information and evidence obtained from conflict zones that may be essential to the
investigation, prosecution, adjudication and sentencing of terrorist crimes,
recognizing that Member States should ensure that all such actions be in accordance
with applicable international law and the Charter of the United Nations, recognizing
the importance of enhanced cooperation and the exchange of information through
mutual legal assistance agreements and other frameworks and mechanisms, including
on the basis of reciprocity, noting the importance of clear legal authorities, regulations
and practices for the collection, sharing, and use of this type of evidence in national
courts, in full respect for fair trial guarantees of the accused,
Welcoming the Madrid Guiding Principles on stemming the flow of foreign
terrorist fighters (S/2015/939) and the Addendum to the guiding principles on foreign
terrorist fighters (S/2018/1177) and taking note of recent developments and initiatives
at the international, regional and subregional levels to prevent and suppress
international terrorism, including the work of the Global Counterterrorism Forum
(GCTF), in particular its adoption of the Hague-Marrakech Memorandum Addendum
on Good Practices for a More Effective Response to the FTFs Phenomenon, and the
Addendum to the GCTF Good Practices on Women and Countering Violent
Extremism,
Recognizing the differential impacts on the enjoyment of human rights by
women and girls of terrorism and violent extremism conducive to terrorism, including
in the context of their health, education, and participation in public life, and that they
are often directly targeted by terrorist groups, and expressing deep concern that acts
of sexual and gender-based violence are known to be part of the strategic objectives
and ideology of certain terrorist groups, used as a tactic of terrorism, and an
instrument to increase their power through supporting financing, recruitment, and the
destruction of communities, and further noting the Global Counterterrorism Forum's
good practices on Women and Countering Violent Extremism, and recognizing the
important roles played by women in preventing and countering terrorism and violent
extremism conducive to terrorism, and encouraging Member States providing
technical assistance and capacity building related to this resolution to take this
differential impact into account,
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Recalling resolution 2249 (2015), in which the Security Council condemns in
the strongest terms the gross, systematic, and widespread abuses of human rights and
violations of international humanitarian law by ISIL, and resolution 2253 (2015), in
which the Security Council condemns in the strongest terms abductions of women
and children, including by Islamic State in Iraq and the Levant (Da'esh), Al-Qaida
and associated individuals, groups, undertakings and entities, expresses outrage at
their exploitation and abuse, including rape and sexual violence, forced marriage, and
enslavement by these entities, and notes that any person or entity who transfers funds
to ISIL directly or indirectly in connection with such exploitation and abuse would
be eligible for listing by the Security Council Committee established pursuant to
resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da'esh),
Al-Qaida and associated individuals, groups, undertakings and entities,

Acknowledging that prisons and pre-trial detention settings can serve as
potential environments for recruitment by terrorists and terrorist organizations, and
recognizing the need for a proper risk assessment and monitoring of imprisoned
terrorists, including FTFs, in accordance with international law, in particular, as
appropriate international human rights law, taking into consideration the United
Nations Standard Minimum Rules for the Treatment of Prisoners, or "Nelson Mandela
Rules", the United Nations (Bangkok) Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders and other relevant United Nations
crime prevention and criminal justice standards and norms, while also recognizing
that prisons and post release programs may also provide terrorists offenders
opportunities for rehabilitation and reintegration to help avoid recidivism,

1. Emphasizes its decision in resolution 1373 (2001) that all Member States
shall ensure that any person who participates in the financing, planning, preparation
or perpetration of terrorist acts or in support of terrorist acts is brought to justice;

2. Recalls its decision that all Member States shall ensure that their domestic
laws and regulations establish serious criminal offenses sufficient to provide the
ability to prosecute and to penalize the activities described in paragraph 6 of
resolution 2178 (2014), and in paragraph 5 of resolution 2462 (2019) in a manner
duly reflecting the seriousness of the offenses;

3. Calls upon Member States to assess and investigate suspected individuals
whom they have reasonable grounds to believe are terrorists, including suspected
FTFs and their accompanying family members, entering those Member States'
territories, to develop and implement comprehensive risk assessments for those
individuals, and to take appropriate action, including by considering appropriate
prosecution, rehabilitation, and reintegration measures and emphasizes that Member
States should ensure that they take all such action in accordance with applicable
international law, in particular international human rights law, international
humanitarian law and international refugee law;

4. 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;

5. Calls upon Member States to analyze the application of national criminal
charges related to terrorism, to consider whether they result in the application of
criminal sentences that duly reflect the gravity of the offense, while treating those
convicted of terrorism acts humanely and respecting their human rights, and provide
for the rehabilitation and reintegration of prisoners into society where possible in
order to reduce recidivism, and encouraging Member States to share with each other
relevant experiences regarding the application of criminal sentences for terrorism
offences, the rehabilitation of persons convicted of committing terrorism offences and

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measures that should be undertaken to reintegrate individuals into society, including
appropriate conditions of court-supervised release;
6. Emphasizes that women associated with FTFs returning or relocating to
and from conflict may have served in many different roles, including as supporters,
facilitators, or perpetrators of terrorist acts, and may require special focus when
developing tailored prosecution, rehabilitation and reintegration measures;
7. Stresses the importance of assisting children associated with FTFs who
may be victims of terrorism, and to do so taking into account gender and age
sensitivities;
8. Calls upon all Member States, to develop and implement comprehensive
and tailored prosecution, rehabilitation and reintegration measures for persons who
are engaged in terrorism-related activity, including FTFs and, as needed,
accompanying family members, including a robust risk and needs based assessment,
through:
(a) Developing long-term methods to counter violent extremism conducive to
terrorism, and incitement to commit terrorist acts, while recognizing that individual
measures taken to implement comprehensive prosecution, rehabilitation and
reintegration should inform each other and be mutually reinforcing, and evidence-led,
as well as undertaking to understand the vulnerabilities that lead to individuals'
radicalization to terrorism, and updating national counter-terrorism strategies
accordingly;
(b) Developing measures that are comprehensive and tailored to individuals,
taking into account gender and age sensitivities and related factors, comprehensive
screening and risk and needs assessments, the severity of the crime(s) committed,
available evidence, intent and individual culpability and overlapping
roles/experiences, available support networks, the public interest and other relevant
considerations or factors, including ongoing conflict or insecurity, as appropriate, and
that are in compliance with, applicable international law, including international
human rights, international humanitarian law, and international refugee law, and
domestic law;
(c) Encouraging a proactive whole of government approach and recognizing
the role that can be played by families and civil society organizations, including in
women, cultural, education, health and social welfare sectors, as well as by different
forms of vocational training and economic empowerment, victim groups and local
communities and religious leaders, as appropriate, particularly during reintegration,
so that partners in civil society and communities are given appropriate support while
assisting in implementation of rehabilitation and reintegration programs, consistent
with applicable international law, including international human rights, international
humanitarian law, and international refugee law, and domestic law;
(d) Urging Member States to support the full, effective and meaningful
participation and leadership of women and women's organizations in developing,
implementing, monitoring, and evaluating rehabilitation and reintegration measures
to counter terrorism and violent extremism which can be conducive to terrorism,
including through countering incitement to commit terrorist acts, and in creating
counter narratives and other appropriate interventions and building their capacity to
do so effectively, and further to address the conditions conducive to the spread of
terrorism and violent extremism which can be conducive to terrorism, consistent with
the United Nations Global Counter-Terrorism Strategy;
9. Calls upon Member States, including through their central authorities and,
where appropriate, with the assistance of the United Nations Global Counter-
Terrorism Coordination Compact Entities, including the United Nations Office on
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S/2020/852
Drugs and Crime (UNODC) and other expert bodies that support capacity building,
to share best practices and technical expertise with a view to improving the collection,
handling, preservation, sharing and use of relevant information and evidence,
consistent with domestic and international law, including information and evidence
obtained in conflict zones in full compliance with international law, including the
Charter of the United Nations, in order to ensure the effective investigation and
prosecution of those who have committed terrorist crimes, including FTFs returning
and relocating to and from conflict zones;

10. Calls upon Member States to provide successful psycho-social care for
children affiliated with FTFs, including evidenced-based trauma care and
empirically-supported programs to resocialize children back into the society, and
recognizing that youth-led initiatives in these communities can play a vital role in
fostering this inclusiveness, in cases involving children, considering that they may be
especially vulnerable to radicalization to terrorism and in need of particular social
support, such as post-trauma counselling, and also considering their possible status
of victims of terrorism and fully respecting and promoting their rights, taking into
account the best interests of the child, in a manner consistent with applicable
international law, including the Convention on the Rights of the Child, for parties to
this Convention;

11. Encourages Member States to support targeted education-based initiatives
that build critical thinking skills which can also enable youth to recognize, reject, and
refute terrorist ideology, including by investing in leadership exchanges and programs
aimed at partnering with children around the world, such as peer to peer programs,
including those where students develop and implement online campaigns and content
to counter violent extremism conducive to terrorism;

12. Calls upon Member States to develop and implement risk assessment tools
to identify individuals who demonstrate signs of radicalization to terrorism and
develop intervention programs, including with a gender perspective, as appropriate,
before such individuals commit acts of terrorism, in accordance with applicable
international law, and domestic law, and without resorting to profiling based on any
discriminatory grounds prohibited by international law, including by:

(a) Involving professionals in risk and needs assessments who have relevant
expertise and access to continuous training, development and re-evaluation, and
strengthening capacity building and technical assistance in this regard;

(b) Developing standardized methodology and mechanisms to evaluate risk
and needs assessment tools;

(c) Putting in place effective oversight mechanisms to ensure the
accountability of professionals involved in risk and needs assessments, the
transparency of the assessment process;

(d) Sharing relevant experiences and expertise with other States, regional
organizations, multilateral forums and civil society organizations;

13. Urges Member States to ensure that all measures taken to counter terrorism
comply with their obligations under international law, including international
humanitarian law, international human rights law and international refugee law, and
urges States to take into account the potential effects of counterterrorism measures on
exclusively humanitarian activities, including medical activities, that are carried out
by impartial humanitarian actors in a manner consistent with international
humanitarian law;

14. Stresses the importance of ensuring that efforts to implement
"Disarmament, Demobilization and Reintegration" (DDR) programmes are
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conducted in accordance with relevant Security Council resolutions and relevant
international instruments relating to counter-terrorism;

15. Recognizes the significant challenge of radicalization to terrorism and
terrorist recruitment in prisons and acknowledges the need to seek to prevent prisons
from serving as potential incubators for radicalization to terrorism and terrorist
recruitment, and to make efforts to ensure that prisons can serve to rehabilitate and
reintegrate prisoners which may contribute to reducing recidivism and to preventing
further terrorist radicalization in prisons;

16. Calls upon Member States to put emphasis on the aspect of countering
radicalization to terrorism in rehabilitation and reintegration programs as part of
comprehensive measures in countering terrorism;

17. Encourages Member States to take all appropriate actions to maintain a
safe and humane environment in prisons, develop tools that can help address
radicalization to terrorism and terrorist recruitment, in line with their obligations
under international law and taking into account, the relevant guidance developed by
the UNODC, and explore ways to prevent, within their prison systems, radicalization
to terrorism, and to promote rehabilitation and reintegration of convicted terrorists,
as well as to impede cooperation and transfer of skills and knowledge between
terrorists and other criminals, while respecting international human rights law;

18. Encourages all Member States to cooperate in efforts to address the threat
posed by FTFs, including by bringing them to justice, preventing the radicalization
to terrorism and recruitment of FTFs and accompanying family members, particularly
accompanying children, including by facilitating the return of the children to their
countries of origin, as appropriate and on a case by case basis, preventing FTFs from
crossing their borders, disrupting and preventing financial support to FTFs, and
developing and implementing prosecution, rehabilitation and reintegration strategies,
and in this regard welcomes the ongoing efforts of Member States aimed at bringing
FTFs to justice in a manner consistent with international law, including through
international cooperation and regional partnerships;

19. Encourages Member States to develop programs to promote continuity,
and sustainability between criminal justice-based rehabilitation and reintegration
programs and post-release and rehabilitation and reintegration programs, including,
where appropriate, information-sharing, and monitoring and evaluation mechanisms,
while respecting applicable international law, including international human rights
law;

20. Recognizes the role of regional and subregional organizations and
mechanisms, consistent with Chapter VIII of the Charter of the United Nations, in
contributing to the effective implementation of Security Council resolutions, in
strengthening the capacities of Member States, in facilitating technical assistance and
information sharing, and in developing comprehensive and coherent regional counter
terrorism strategies, and encourages them to keep the Counter-Terrorism Committee
(CTC) informed of relevant developments in this regard, including through potential
briefings to the Committee;

21. Request relevant United Nations entities, and calls upon international,
regional and sub-regional organizations, and Member States to identify mechanisms
and to provide technical assistance and capacity building, to Member States, upon
their request, to support them in developing and implementing comprehensive and
tailored prosecution, rehabilitation and reintegration strategies, and encourages the
CTC, with the support of Counter-Terrorism Executive Directorate (CTED) and
relevant United Nations entities, including the United Nations Office of Counter-
Terrorism (UNOCT), and other members and observers of the United Nations Global

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Counter-Terrorism Coordination Compact, as appropriate to continue working
together to facilitate technical assistance and capacity building and to raise awareness
in this area;
22. Recalls its decision in resolution 1373 (2001) that Member States shall
afford one another the greatest measure of assistance in connection with criminal
investigations or proceedings relating to the financing or support of terrorist acts,
including assistance in obtaining evidence in their possession necessary for the
proceedings, and further underscores that this includes physical and digital evidence,
underlines the importance of fulfilling this obligation with respect to such
investigations or proceedings involving FTFs, while respecting human rights and
fundamental freedoms and consistent with obligations under domestic and applicable
international law; and urges Member 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;
23. Calls upon all Member States to refrain from depriving a person alleged
to have committed terrorist acts of his/her nationality, if such deprivation would
render him/her stateless, consistent with applicable domestic and international law;
24. Calls upon Member States to consider ratifying and using applicable
international, regional and bilateral instruments to which they are parties, including
the international instruments relating to terrorism, as a basis for mutual legal
assistance, in accordance with resolution 2322 (2016), and, as appropriate, for
extradition in terrorism cases, consistent with international human rights law,
international humanitarian law and international refugee law, encourages Member
States to cooperate, on the basis of reciprocity or on a case-by-case basis, in the
absence of applicable conventions or provisions, and emphasizes the need for Member
States to act in accordance with their obligations under national legislations and
international law in order to find and bring to justice, extradite or prosecute terrorist
suspects;
25. Calls upon Member States to establish, where possible, mechanisms and
legal frameworks for joint investigations and to develop the capacity to enhance the
coordination of such investigations, ensuring that national mechanisms are in place
to allow for international cooperation, with full respect to their obligations under
international law, including, as appropriate, the creation and/or use of joint
investigation mechanisms, and bilateral and multilateral arrangements for
international cooperation;
26. Notes that some Member States may face technical assistance and capacity
building challenges when implementing this resolution, and encourages the provision
of assistance from donor states, upon their request, to help address such gaps and
further encourages relevant United Nations entities, including the UNOCT, UNODC,
and other members and observers of the United Nations Global Counter-Terrorism
Coordination Compact, as appropriate to further enhance, in close consultation with
the CTC and CTED, the provision and delivery of technical assistance to States, upon
request to better support Member States' efforts to implement this resolution;
27. Directs the CTC, with the support of the CTED and in coordination with
other relevant UN entities, to further identify and examine Member States' efforts in
developing and implementing comprehensive and tailored prosecution, rehabilitation
and reintegration strategies, in accordance with national laws and practices, with the
aim of identifying good practices, gaps and vulnerabilities in this field, including
related to development and implementation of Disarmament, Demobilization and
Reintegration (DDR) programmes and their compliance with relevant Security
Council resolutions and international instruments relating to counter terrorism, and,
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in this regard, requests CTED, in accordance with Security Council resolution 2395
(2017), and in cooperation with the UNOCT and other members and observers of the
United Nations Global Counter-Terrorism Coordination Compact, as appropriate, to
further integrate consideration of prosecution, rehabilitation and reintegration
strategies into its country assessments and analyses and to identify emerging trends
and gaps in this regard;

28. Directs the CTC, with the support of CTED, in coordination with UNOCT
and other members and observers of the United Nations Global Counter-Terrorism
Coordination Compact, as appropriate, to hold by the end of December 2021 an Open
Briefing on steps Member States have taken to implement strategies related to
Prosecution, Rehabilitation and Reintegration;

29. Decides to remain seized of this matter.
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Voting result: 14 yes, 1 no, 0 abstentions
Votes by member:
country: Belgium
vote: Y
country: China
vote: Y
country: Dominican Republic
vote: Y
country: Estonia
vote: Y
country: France
vote: Y
country: Germany
vote: Y
country: Indonesia
vote: Y
country: Niger
vote: Y
country: Russian Federation
vote: Y
country: Saint Vincent and the Grenadines
vote: Y
country: South Africa
vote: Y
country: Tunisia
vote: Y
country: United Kingdom of Great Britain and Northern Ireland
vote: Y
country: Viet Nam
vote: Y
country: United States of America
vote: N