The relationship between international humanitarian law and asset freeze obligations under United Nations sanctions

2021 ◽  
pp. 1-22
Author(s):  
Kosuke Onishi
Keyword(s):  
United Nations ◽  
Security Council ◽  
Security Council Resolution ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
Un Security Council ◽  
The Relationship

Abstract While challenges may persist with respect to the relationship between counterterrorism (CT) and humanitarian action, it is at least understood that CT measures must comply with international humanitarian law (IHL). Clarifying the relationship between this body of law and CT measures is one of the modest but important innovations of United Nations (UN) Security Council Resolution 2462. At a minimum, references to IHL in this resolution leave a pathway for States to take measures to preserve impartial humanitarian action from the effects of CT, and at most, they prescribe that States should take such measures. Progress in clarifying the relationship between UN sanctions obligations and IHL obligations appears to be lacking with respect to non-CT-related UN sanctions. As will be discussed in this paper, this leads to questions regarding the application of the so-called “supremacy clause” contained in Article 103 of the UN Charter vis-à-vis IHL obligations.

scholarly journals EFEKTIVITAS SANKSI DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA TERHADAP KONFLIK BERSENJATA DI SURIAH

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Teddy Nurcahyawan ◽  
Lauw Wisnu
Keyword(s):  
Civil War ◽  
Middle East ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Arab Spring ◽  
Security Council Resolution ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Step Down

As a soverign state in the Middle East, Syria has received badly effect of Arab Spring revolution. Thousand of students launched demonstration claiming Bashar Al-Assad to step down. In response to it, Bashar Al-Assad attacked the prodemocracy students by arresting and torturing them. This arms conflict has not only brought many civilians as victims of civil war but involved some other foreign states as well. To avoid matters worse, Security Council of United Nations has issued a Resolution Number 2328/2016 to give sanctions affirming Bashar-Assad to have violated international humanitarian law. The question comes up whether or not this resolution could present the effectiveness of the sanctions. This research has revealed that the Security Council Resolution is effective and Syria has complied with it in line with the international law.  

Respecting international humanitarian law and safeguarding humanitarian action in counterterrorism measures: United Nations Security Council resolutions 2462 and 2482 point the way

2021 ◽  
pp. 1-38
Author(s):  
Nathalie Weizmann
Keyword(s):  
Adverse Effects ◽  
United Nations ◽  
Financial Institutions ◽  
Security Council ◽  
United Nations Security Council ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Action ◽  
Humanitarian Organizations ◽  
Scope Of Application

Abstract United Nations, regional and domestic counterterrorism measures have generated a cascade of adverse effects for impartial humanitarian activities in areas where designated groups are present. Certain humanitarian activities, diverted supplies and incidental payments can fall foul of broadly worded counterterrorism regulation proscribing or criminalizing financial and other support to designated groups. Donors to humanitarian organizations set strict conditions and financial institutions decline transactions, hampering impartial humanitarian activities in the very instances in which international humanitarian law (IHL) requires that they be allowed. Recognizing this, United Nations Security Council (UNSC) resolutions 2462 and 2482 adopted in 2019 have spelled out more explicitly than ever before the need for counterterrorism measures to comply with IHL and safeguard impartial humanitarian action in line with IHL. This article sets out those IHL obligations that govern humanitarian and medical activities and the types of safeguards that States have put in place to ensure their counterterrorism measures comply with IHL and allow for these activities. The UNSC's latest steer in resolutions 2462 and 2482 provides a foundation for States’ exclusion of impartial humanitarian and medical activities from the scope of application of their counterterrorism measures. This can be an effective way of averting adverse consequences for these activities where designated entities are present.

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