Special Rapporteur Urges Security Council to Renew Humanitarian Exemption to Counter-Terrorism Sanctions

Geneva: Renewing the humanitarian exemption to the Security Council’s counter-terrorism sanctions is crucial to ensuring the flow of humanitarian relief to civilians in need, an independent human rights expert stated. Ben Saul, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, highlighted the importance of this measure as the Security Council prepares to discuss the matter in early December.

According to Office of the High Commissioner for Human Rights, the Security Council adopted resolution 2664 in 2022, creating an exemption to the asset freezes in all Council sanctions to allow funding, goods, and services for humanitarian assistance or other basic human needs. This exemption, however, is set to expire soon and will be reconsidered by the Security Council next month.

In the past two years, the exemption has significantly supported the delivery of humanitarian relief to 110 million civilians living in areas affected by counter-terrorism sanctions. These areas include conflict zones in Afghanistan, Democratic Republic of the Congo, Iraq, Libya, Sahel, Syria, and Yemen. The exemption has provided legal and operational clarity, enabling humanitarian actors, donors, and financial institutions to conduct their activities with assurance.

There is no indication that the exemption has resulted in increased diversion of humanitarian aid to terrorist organizations. Humanitarian groups have effective measures to prevent such diversions and are subject to strict regulatory controls. The Security Council exemption applies only to reputable organizations, ensuring that aid reaches those in need.

In situations of armed conflict, international humanitarian law mandates states to facilitate the swift delivery of humanitarian assistance. Counter-terrorism measures should not prevent humanitarian relief to civilians, Saul asserted. An indefinite renewal of the exemption is essential to eliminate barriers to humanitarian action and provide continuity and certainty to all parties involved.

Moreover, an indefinite renewal would bolster the legitimacy and credibility of the Security Council’s counter-terrorism efforts and reaffirm its commitment to international law, including human rights, humanitarian law, and the protection of civilians.

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