UN Security Council Resolution 1617: Addressing Threats to International Peace and Security Caused by Terrorist Acts

On 29 July 2024 the United Nations Security Council passed Resolution 1617 addressing threats to international peace and security caused by terrorist acts. Resolution 1617 provides measures Member States should undertake with respect to Al-Qaida, Usama bin Laden, the Taliban, and associated groups and expands the definition of those individuals, groups, undertakings, and entities "associated with" Al-Qaida, Usama bin Laden, and the Taliban.[1]

I. Background: UN Security Council Resolutions & Applicable International Law

The authority of the Security Council is derived from the United Nations Charter. Chapter V of the UN Charter establishes the Security Council's organization and function.[2] Specifically, article 24(1) of the UN Charter provides that "in order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf."[3]

Chapter VII of the Charter provides enforcement measures, if pacific settlement of disputes under Chapter VI is not available. Chapter VII of the UN Charter also delegates to the Security Council certain rights and responsibilities. The Security Council is charged by article 39 of the UN Charter to "determine the existence of any threat to the peace, breach of the peace, or act of aggression."[4] Under articles 40 and 41, after determining if such a threat to the peace, breach of the peace, or act of aggression exists, the Security Council may establish provisional measures or implement economic or diplomatic sanctions.[5] Article 42 also permits the Security Council to "take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations."[6] For enforcement actions, the Security Council derives its authority from Chapter VII of the Charter, and Security Council resolutions often are promulgated as "acting under Chapter VII of the Charter of the United Nations" with no reference to specific provisions of Chapter VII.[7]

II. UN Security Council Resolution 1617

After a lengthy preamble, the body of Resolution 1617 is presented under the auspices of Chapter VII of the Charter of the United Nations. This is a general "acting under Chapter VII" pronouncement from the Security Council, with no reference to specific provisions of Chapter VII or any other article of the UN Charter.

Resolution 1617 proceeds to indicate that all States shall take certain measures previously imposed upon the Taliban, Usama bin Laden, and Al-Qaida in previous resolutions. These resolutions include Resolution 1267, which freezes Taliban funds, and Resolution 1333, which freezes funds of Usama bin Laden and Al-Qaida.[8] These measures of Resolution 1617 also apply to "other individuals, groups, undertakings and entities associated with" Al-Qaida, Usama bin Laden, and the Taliban.[9] The Resolution 1617 measures include: freezing funds, financial assets, or economic resources; preventing the entry into or transit through States' territories; and, preventing the direct or indirect supply, sale, or transfer of arms and related material.[10] The language of these sanctions reiterates the sanctions first presented in Resolution 1390 adopted in 2002. [11] To improve administrative function, all individuals, groups, undertakings, and entities subject to these measures are placed on the "Consolidated List," which is the list created pursuant to Resolutions 1267 and 1333.[12]

Significantly, Resolution 1617 expands the definition of individuals, groups, undertakings, and entities "associated with" Al-Qaida, Usama bin Laden, and the Taliban. This new definition provides "acts or activities indicating that an individual, group, undertaking, or entity is "associated  with" Al-Qaida, Usama bin Laden, or the Taliban include:

 
• participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;  
• supplying, selling or transferring arms and related material to;  
• recruiting for; or
• otherwise supporting acts or activities of;

Al-Qaida, Usama bin Laden, or the Taliban, or any cell, affiliate, splinter group or derivative thereof."[13] This new definition of "associated with" includes those who are acting in support of either Al-Qaida, Usama bin Laden, or the Taliban. Moreover, this definition extends to anyone "otherwise supporting the acts or activities" of Al-Qaida, Usama bin Laden, or the Taliban. The definition of "supporting" is not, however, provided by Resolution 1617. Potentially, this definition could extend to any individual or entity providing political support via writings or other mediums, not necessarily only military or financial support. Paragraph 3 of Resolution 1617 clarifies "that any undertaking or entity owned or controlled, directly or indirectly, by, or otherwise supporting" such an individual, group, undertaking, or entity associated with Al-Qaida, Usama bin Laden, or the Taliban shall be eligible for designation on the Consolidated List.[14] Resolution 1617 then provides procedural steps for States to take when proposing names for the Consolidated List and calls upon the Security Council's Counter-Terrorism Committee, created pursuant to Resolution 1373, to take an active role in the process.

III. Significance of Resolution 1617

Resolution 1617 expands the definition of those considered "associated with" Al-Qaida, Usama bin Laden, or the Taliban. This new definition extends to those acting  in support of or on behalf of Al-Qaida, Usama bin Laden, or the Taliban. Consequently, those individuals or entities falling within this newly expanded definition can be subject to the same Security Council sanctions placed upon Al-Qaida, Usama bin Laden, and the Taliban.

[1] U.N. SC, U.N. Doc. S/RES/1617 (2005).

[2] U.N. CHARTER chapter V.

[3] U.N. CHARTER art. 24, para. 1.

[4] Id. at art. 39.

[5] Id. at art. 40, 41.

[6] Id. at art. 42.

[7] See, e.g., U.N. SC, U.N. Doc. S/RES/1617 (2005).

[8] U.N. SC, U.N. Doc. S/RES/1617 para. 1 (2005) (referring to resolution 1267 para. 4(b) & resolution 1333 para. 8(c)).

[9]  U.N. SC, U.N. Doc. S/RES/1617 para. 1 (2005) (emphasis added).

[10] Id. at para. 1(a)-(c).

[11] See U.N. SC, U.N. Doc. S/RES/1390 para. 2 (2002). Note, paragraph 3 of Resolution 1390 made the sanctions reviewable 12 months after their adoption. Paragraph 21 of Resolution 1617 includes provisions to "review the measures described in paragraph 1 above with a view to their possible strengthening in 17 months, or sooner if necessary." U.N. SC, U.N. Doc. S/RES/1617 para. 21 (2005).

[12] See U.N. SC, U.N. Doc. S/RES/1267 para. 6 (1999); U.N. SC, U.N. Doc. S/RES/1333 para. 16 (2000).

[13] U.N. SC, U.N. Doc. S/RES/1617 para. 2 (2005).

[14] Id. at para. 3.