ISSUE BRIEF Form Over FuncDon? Reviewing the UN Global Counterterrorism Strategy - Form Over Function. Reviewing the UN ...
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ISSUE BRIEF Form Over Func on? Reviewing the UN Global Counterterrorism Strategy Naureen Chowdhury Fink February 2023 KEY FINDINGS • A er 9/11, the UN had to iden fy its • The forthcoming review of the UN Global comparative advantages amidst interna onal Counterterrorism Strategy (GCTS) provides counterterrorism e orts. Coming on 20 an important opportunity to assess its years of the Global Strategy, it is impacts and revisit the process and important to reassess the UN’s role and purpose of the reviews, and also consider compara ve advantages in the current how the GCTS review contributes to context, and ensure that its future broader strategic priorities for the counterterrorism e orts are responsive to organization. contemporary dynamics and needs. • The consensus which underpins the • Recommenda ons: Request a report in Global Strategy is key to making it a 2025 from the Secretary-General on the UN’s valuable norma ve tool; it is a rare role in countering terrorism and proposals for collective statement from the world body that rationalizing the institutional architecture, outlines an approach to counterterrorism followed by an implementation plan in 2026 balancing security, human rights, and a focus on the 20th anniversary of the GCTS; request on structural conditions. UNOCT to conduct an impact assessment of the GCTS; review current and existing UN • Seven reviews have resulted in a lengthy policy tools to address emerging threats; and repetitive document and shaped an consider expanding the review period to four extensive array of activity by states and UN years, institute an ad-hoc working group or a entities. Its length however compromises its Group of Friends to discuss relevant issues in value as a strategic communications tool, the interim; revitalize the Global Compact to and there is a need for a comprehensive ensure its working methods and deliverables assessment about the impacts of the Global are aligned with the needs and resources of Strategy. the UN. Naureen Chowdhury Fink is Execu ve Director of The Soufan Center. She has previously worked at think-tanks, the UN Counter- Terrorism Execu ve Directorate, UN Women, and the UK Mission to the UN, where was Senior Policy Adviser on counterterrorism and (Al-Qaida/ISIL) sanc ons. 1 ft ti ti ti ti ti ff ff ti ti ti ti
INTRODUCTION since the ini al adop on,4 which takes the form of a resolu on capturing all the content of the review discussions.5 Though In 2006, UN Member States did something largely re ec ve of the strategy adopted by unusual. Despite being unable to agree on a the European Union in 2005, which was universal de ni on of terrorism, and having itself re ec ve of the CONTEST Strategy fought over whether terrorism truly had adopted by the United Kingdom in 2003, “root causes” or if that rhetoric was a the Strategy’s adoption by a UN membership perceived jus ca on for terrorism, they constituted of diverse states with vastly managed to agree upon an overarching different notions of counterterrorism was no “global counterterrorism strategy” (GCTS). mean feat. The Strategy is based on four pillars outlining measures to prevent and combat However, today the UN faces a dis nctly terrorism for states and for the wider UN system, di erent global security landscape from including entities based at Headquarters (in when it rst addressed the threat posed by New York and Vienna) and the eld. al-Qaida (and subsequently, Islamic State / Adopted by consensus1 in the General Da’esh) over two decades ago. The terrorist Assembly, the GCTS was notable not threat is now more di use and diverse, no necessarily for its cons tuent elements, but longer centered on two speci c groups. because it established a comprehensive More interna onal actors and organiza ons approach that combined preven on, are involved in counterterrorism e orts, capacity building, and the integra on of m o re l e g i s l a o n a n d i nte r n a o n a l human rights as a fundamental component frameworks are in place, and more focus is of counterterrorism measures (pillars 1, 3, placed on building knowledge and and 4 respec vely; pillar 2 outlined capaci es to counter terrorism. measures more tradi onally associated with countering terrorism).2 That the threat is constantly evolving is not new, but states have sought to con nually A biennial review by Member States built ensure that the reviews of the GCTS re ect into the strategy3 has taken place regularly 1 Consensus adop on indicates that, even if not unanimous, no member state voiced formal disagreement with the resolu on, though some states have disassociated themselves from a speci c paragraph or two during the review processes. 2United Na ons General Assembly resolu on 60/288, The United Na ons Global Counter-Terrorism Strategy, A/RES/60/288, (20 September 2006), available from h ps://undocs.org/Home/Mobile? FinalSymbol=A%2FRES%2F60%2F288&Language=E&DeviceType=Desktop&LangRequested=False. 3For more detailed analyses on the review processes in 2012, 2014, 2016, 2018, 2020/21, and earlier comprehensive reviews of the UN’s counterterrorism work, see the “Blue Sky” reports produced by the Global Center on Coopera ve Security, with the most recent report accessible at: h ps://www.globalcenter.org/wp-content/uploads/GCCS-Blue-Sky-V-2020.pdf. 4GCTS reviews have taken place in 2008, 2010, 2012, 2014, 2016, 2018 and 2021; the 2020 review was postponed for a year owing to extraordinary circumstances brought about by the COVID-19 pandemic. 5 United Na ons General Assembly resolu on 62/272, The United Na ons Global Counter-Terrorism Strategy, A/RES/62/272, (15 September 2008); United Na ons General Assembly resolu on 64/297, The United Na ons Global Counter-Terrorism Strategy, A/RES/64/297 (13 October 2010); United Na ons General Assembly resolu on 66/282, The United Na ons Global Counter-Terrorism Strategy Review, A/RES/66/282 (12 July 2012); United Na ons General Assembly resolu on 68/276, The United Na ons Global Counter-Terrorism Strategy Review, A/RES/68/276 (24 June 2014); United Na ons General Assembly resolu on 70/291, The United Na ons Global Counter-Terrorism Strategy Review, A/RES/ 70/291 (19 July 2017); General Assembly resolu on 72/284, The United Na ons Global Counter-Terrorism Strategy Review, A/RES/72/284 (2 July 2018); United Na ons General Assembly resolu on 75/291, The United Na ons Global Counter-Terrorism Strategy: seventh review, A/RES/ 75/291 (2 July 2021). 2 ff ti ti ti fl fi fl tt ti ti ti ti ti fi ti ti ti ti ti tt ti fi ti ti ti ti ti ti ti ff ti ti ti ti ti ti ti fi fi ti ti ti ti ti ti ff fi ti ti fl ti ti ti ti ti ti ti ti ti ti
Figure 1: GCTS review process (approxima on) current priori es. With states eager to mul ple and uid ideologies; and the role of reference emerging threats and challenges some private military contractors in and to ensure a balanced, comprehensive perpetra ng acts that can be considered approach within the parameters set by the war crimes or terrorism. It is important to GCTS itself, the resolu on has grown consider if and how these changes might be consistently longer. The rst review o ered re ected in the review process, and to what 14 opera onal paragraphs; the seventh – end, especially balanced against the and most recent – review contains 119, poten al value of a more streamlined raising ques ons about its usability either document. for norma ve or opera onal purposes (see also gure 2 below). Moreover, the environments in which many UN ac vi es – related to development, Ensuring that the reviews of the GCTS gender equality, or peacekeeping, for emphasize approaches that are more example – are increasingly a ected by the inclusive of human rights, gender, and civil ac ons of designated terrorist groups. It is society engagement has meant that many therefore important to go beyond the GCTS of those paragraphs have been hard fought, review text and consider if, where, and how and represent an important commitment on the UN can respond to these phenomena in behalf of the interna onal community. As the rst place, and whether they can be such, they have been regarded as important e ec vely addressed through the GCTS addi ons by many states. However, the review process at all. terrorist threat is constantly evolving. Since the last review, there have been a number As the GCTS review resolu on con nues to of developments shaping the counterterrorism expand in scope at a me when states also discourse, including the emergence of an must confront extraordinary circumstances increasingly transna onal violent far-right like the pandemic, skyrocke ng global movement; online hate, disinforma on, and humanitarian needs, and con ict mi ga on radicaliza on, with a focus on youth; the assistance (par cularly interstate wars that phenomenon of self-directed individual risk nuclear confronta on), it is me to perpetrators who may be mo vated by consider whether the current form and 3 ff fl ti ti ti fi fi ti ti ti ti ti ti ti ti ti fl ti ti ti ti ti ti ti fi ti ti fl ff ti ti ti ti ti ti ti ff ti
content of the review process s ll follow the organiza on had a compara ve advantage func on for which it was intended. In in addressing this emerging threat. They par cular, we must ask ourselves: Does it determined that “the Organiza on’s serve as a collec ve statement of the world ac vi es must be part of a tripar te body on terrorism? Does it inform the work strategy suppor ng global e orts to 1) of counterterrorism prac oners? Does it dissuade disa ected groups from embracing serve as a priori za on exercise for terrorism; 2) deny groups or individuals the governments and UN en es? As one civil means to carry out terrorist acts; 3) sustain society expert recently noted, “if it says broad-based interna onal coopera on in everything, it says nothing.” the struggle against terrorism.” In all cases, they determined that “the ght against This Issue Brief will consider the evolu on terrorism must be respec ul of of the GCTS reviews and address four key interna onal human rights obliga ons.”6 ques ons to guide nego ators and experts as the 2023 review gets underway. In 2005, four years a er the Security • What is the added value of the Strategy Council rst adopted Resolu on 1373 itself and the review process? (2001), which became the centerpiece of its • What is the purpose of the GCTS review, response, then-UN Secretary-General Ko and does it con nue to meet that Annan outlined a broader role for the objec ve in its current form? United Na ons largely in line with the • How does the GCTS review intersect with previous determina on. It could dissuade wider UN priori es and goals? disa ected groups from choosing terrorism • What gaps exist, are they best addressed as a tac c to achieve their goals; deny in a GCTS review, and if so, how? terrorists the means to carry out their a acks; deter states from suppor ng terrorists; develop state capacity to prevent WHAT IS THE KEY ADDED VALUE OF THE terrorism; and defend human rights in the STRATEGY AND THE REVIEW PROCESS? struggle against terrorism. These “5D’s” formed the basis of a comprehensive UN approach to this emerging threat to Crea ng a common message interna onal peace and security.7 The 5D’s Soon a er the a acks of September 11, de ned counterterrorism not only in 2001, and amidst a call for greater security and military terms, but also interna onal coopera on to counter highlighted the importance of addressing terrorism among states and interna onal the “condi ons conducive to terrorism” and organiza ons, senior UN experts and upholding human rights, ensuring that the o cials considered whether and where the Strategy re ected all three core pillars of 6United Na ons General Assembly & Security Council, Iden cal le ers dated 1 August 2002 from the Secretary-General addressed to the President of the General Assembly and President of the Security Council, A/57/273-S/2002/875 (6 August 2002), available from h ps://documents-dds-ny.un.org/doc/UNDOC/GEN/N02/512/97/IMG/N0251297.pdf?OpenElement. 7 “Ko Annan’s keynote address to the closing plenary of the Interna onal Summit on Democracy, Terrorism and Security,” (United Na ons Secretary-General, 10 March 2005), h ps://www.un.org/sg/en/content/sg/speeches/2005-03-10/ko -annan’s-keynote-address-closing-plenary- interna onal-summit. 4 tt tt ffi ti fi fi ti ff ti ti ti ti ti ti ti ti ft ti ti ti ti ti fi ti ti fl ff ti ti ti tt ti ti ti ti ti tt ti ti ti ft ti ti ti ti fi ti ff ti ti tf ti ti ti ti ti ti ti fi tt ti fi ti
the UN’s wider work – peace and security, be able to deliver a common message in the development, and human rights. As senior end. UN experts and o cials noted as early as 2002, “Security cannot be achieved by sacri cing human rights.”8 Engaging the UN system The GCTS review resolu ons also shape the ac vi es of UN funds, agencies, and Moreover, as states began to adopt or programs, including the UN O ce on Drugs update their own counterterrorism and Crime (UNODC), UN Development measures and strategies in alignment with Program (UNDP), and UN Women, for their obliga ons under relevant Security example. The comprehensive approach of Council resolu ons already in place,9 the the resolutions offered UN entities ways of adop on of the Global Counter-Terrorism interacting and contributing to implemen ng Strategy in 2006 offered an important strategic the strategy in line with their own communications tool:10 a comprehensive mandates, which may not be directly reference framework agreed upon by all related to security issues. Many en es Member States as well as a common lexicon for remained wary of engaging in UN a new area of work for the world body. One counterterrorism e orts, or even to be senior counterterrorism o cial from Europe perceived as doing so, for fear of having recently called it the “keystone of the their work securi zed or poli cized mul lateral approach to counterterrorism,” (par cularly in sensi ve contexts or con ict no ng it has both poli cal and prac cal zones), but the GCTS and its emphasis on impacts, and that “as an interna onal “pillar 1” preven on-related ac vi es instrument adopted by consensus, it retains o ered an inroad to work on these issues its universality,” shaping ac vi es of the UN through their par cular areas of work – system and member states. Moreover, as such as development, human rights, gender, some diplomats and experts recently and legal and criminal jus ce support. observed, the review process creates the openings for debate and dialogue needed to Subsequent emphasis on “preven ng violent extremism,” encapsulated in a Plan 8United Na ons General Assembly & Security Council, Iden cal le ers dated 1 August 2002 from the Secretary-General addressed to the President of the General Assembly and President of the Security Council, A/57/273-S/2002/875 (6 August 2002), available from h ps://documents-dds-ny.un.org/doc/UNDOC/GEN/N02/512/97/IMG/N0251297.pdf?OpenElement. 9 Following the bombings of US Embassies in Nairobi and Dar es Salaam in 1996, the UN established the sanc ons regime (pursuant to resolu on 1267) with a focus on al-Qaida and the Taliban. Subsequently the Taliban was removed from this list and placed on a dedicated sanc ons list; and the group Islamic State/Da’esh, as well as numerous a liates of the groups, were added to the list. For more, read: Howard Wachtel, “Assessing the U lity of the UN’s Terrorism Sanc ons Regime 20 Years a er 9/11,” Securing the Future Ini a ve, 5 August 2022, h p:// s -ct.org/wp-content/uploads/2022/08/Wachtel_Final-Design.pdf; Edmund Fi on-Brown, “The UN Al-Qaida and ISIL (Da’esh) Sanc ons Regime Impacts and Implica ons,” The Soufan Center, January 2023, h ps://thesoufancenter.org/research/the-un-al-qaida-and-isil-daesh-sanc ons- regime-impacts-and-implica ons/. Resolu on 1373 was adopted just days a er the a acks of September 11, 2001 (Eric Rosand, “The Security Council as ‘Global Legislator’: Ultra Vires or Ultra Innova ve?” Fordham Interna onal Law Journal 28, no. 542 (2004), h ps:// ir.lawnet.fordham.edu/ilj/vol28/iss3/2. A er the “7/7” bombings in London and the a ack in Beslan in 2004, the Security Council adopted a resolu on on comba ng incitement to terrorism, which also a rmed the importance of protec ng human rights and civil liber es. See: United Na ons Security Council resolu on 1624, S/RES/1624 (14 September 2005), available from h p://unscr.com/en/resolu ons/doc/1624. 10Naureen Chowdhury Fink and Jack Barclay, Mastering the Narra ve – Counterterrorism Strategic Communica on and the United Na ons, Center on Global Counterterrorism Coopera on, 2013, h ps://globalcenter.org/wp-content/uploads/Feb2013_CT_StratComm.pdf. 5 fi tt ff ti ti ti ti ti ti ti ti fi ti ti ti ti ti ti ti ti ti ffi ti ff ti ti ti ti ti ti ti ffi ti ft ti ti ti ffi ti ti ti tt ti ti ti ti ti ti ti ti fl ti ffi tt tt ti ffi ft tt ti ft tt tt tt ti ti ti ti ti ti tt ti ti ti ti tt
of Ac on put forward by former Secretary- developed and implemented, they are General Ban Ki-Moon,11 o ered important re ec ve of lessons learned and exper se openings for wider engagement and in other elds, including development, programming. This has not always resulted human rights, con ict preven on, gender in even engagement across the UN system, equality, as well as monitoring and with a number of en es highligh ng a lack evalua on, par cularly in sensi ve of resources and capaci es to meaningfully contexts.15 As most counterterrorism engage with the expansive mul lateral CT coopera on is conducted on a bilateral or architecture.12 regional basis between states, it is par cularly important to ensure that the UN At the same me, there have been concerns narra ve can re ect the values and among many UN en es and civil society principles of the organiza on, while also groups that expanding the counterterrorism retaining some in uence and relevance to agenda13 risks securitizing development and those developing legal and opera onal human rights work,14 and also risks measures in real- me. instrumentalizing many frontline organiza ons whose credibility might be compromised through associa on with security actors. Fostering consensus Addi onally, as one diplomat recently A key value added by the GCTS was its noted, it could also mean the work of civil adop on by consensus, something that has society organiza ons could come under been rea rmed through the adop on of increasing scru ny (and penal es) by the seven review resolu ons by consensus. That security sector in states given the complements the value of a comprehensive associa on with counterterrorism. framework for the diverse and decentralized UN system and its Member States. Given Others have seen these as opportuni es not that this consensus has o en required more necessarily to transform all exis ng UN compromises than if the document were work into counterterrorism, but to ensure put to a vote, some have ques oned that where CT measures are being whether it is worth seeking what some feel 11“Plan of Ac on to Prevent Violent Extremism,” (United Na ons O ce of Counterterrorism), h ps://www.un.org/counterterrorism/plan-of- ac on-to-prevent-violent-extremism. 12See for example: “Interview with UN Special Rapporteur Fionnuala Ní Aoláin”, Columbia Journal of Transna onal Law, 28 November, 2020, h ps://www.jtl.columbia.edu/bulle n-blog/interview-with-un-special-rapporteur- onnuala. 13 See for example: Fiona de Londras, The Prac ce and Problems of Trans-na onal Counter-Terrorism. Cambridge University Press, 19 January 2022. Doi:10.1017/9781139137010; David McKeever and h ps://www.undp.org/sites/g/ les/zskgke326/ les/publica ons/ Discussion%20Paper%20-%20Preven ng%20Violent%20Extremism%20by%20Promo ng%20Inclusive%20%20Development.pdf Fiona de Londras, The Prac ce and Problems of Transna onal Counter-Terrorism, Journal of Con ict and Security Law 27, no. 3 (2002): 485-492, h ps:// doi.org/10.1093/jcsl/krac022 14“A Fourth Pillar for the United Na ons? The Rise of Counter-Terrorism,” Saferworld, June 2020, h ps://www.saferworld. org.uk/resources/ publica ons/1256-a-fourth-pillar-for-the-united-na ons-the-rise-of-counter-terrorism; Melissa Lefas, Junko Nozawa, Eelco Kessels, “Blue Sky V: An Independent Analysis of UN Counterterrorism E orts,” Global Center on Coopera ve Security, November 2020, h ps:// www.globalcenter.org/resource/blue-sky-v-an-independent-analysis-of-un-counterterrorism-e orts/. 15Naureen Chowdhury Fink and Alison Davidian, “Complementarity or Convergence? Women, Peace and Security and Counterterrorism,” Oxford Handbook of Gender and Con ict (2018): 157-170; United Na ons Development Programme, Preven ng Violent Extremism Through Promo ng Inclusive Development, Tolerance and Respect for Diversity (New York: United Na ons: 2016), available from h ps://www.undp.org/sites/g/ les/zskgke326/ les/publica ons/Discussion%20Paper%20- %20Preven ng%20Violent%20Extremism%20by%20Promo ng%20Inclusive%20%20Development.pdf. 6 tt tt ti fl ti ti ti ti ti ti ti ti ti ti ti ti ti ffi fi ti ti ti ti ti ti fl ti fl fl ti ti fi ti ti ti ti ti ti ti fl ft ff ti ti ti ti fi ti ti ff ti ti ti ti ti ti ti ti ti tt ti ti ti ti ffi ti ti fi ti ti fl fi ti ff tt tt fi ti ti tt ti tt
Figure 2: Increases in GCTS Review resolu on length (OP’s) is the lowest common denominator among The value of this consensus is not states, and whether a vote would not allow universally accepted, however. Some for more forceful change and statements. experts have noted that consensus comes at the cost of accep ng unwelcome addi ons However, consensus adop on sends an or formula ons proposed by states, and important poli cal message to member some diplomats have favored breaking states and civil society and reinforces UN consensus and putting the review resolu ons norms, par cularly as the consensus has to a vote in order to preserve certain held for every review to date. Given that the priori es in the text. Moreover, as some review is a diploma c process and results in diplomats have noted, the absence of a a document aimed largely at shaping single, all-encompassing, globally agreed na onal and interna onal policies, losing de ni on of terrorism (in the UN GA’s Sixth the consensus – even if the vote is Commi ee on legal issues) is a stark and not perceived as a strong win by a group of insigni cant contrast to the consensus states – could diminish the poli cal value achieved in the GCTS. To some, this added. contradic on risks undercu ng the value of the consensus. Despite the lack of a universally agreed de ni on of terrorism, there are however numerous interna onal 7 ti fi ti ti fi tt ti ti ti ti ti ti ti fi ti tti ti ti ti ti ti ti
trea es that de ne several acts of shape the counterterrorism discourse at the terrorism, re ected also in UN Security United Na ons, since, they do not have the Council Resolu on 1566 (2004). Numerous opportuni es to adopt binding measures binding Security Council resolu ons have o ered to Security Council members. rea rmed that all counterterrorism Moreover, many states believe that, in light measures must comply with interna onal of its universal membership, the General law, including human rights, humanitarian, Assembly, not the Security Council, should and refugee law. be tasked with se ng norms. Diplomats have o en shared disquiet at the dispropor onate in uence that the Council, Against the background of the U.S.-led with its limited membership and ve “Global War on Terror,” achieving consensus permanent, veto-wielding members, wields on a UN framework that rea rmed the in shaping the CT agenda. This has even at purposes and principles of the Charter and mes made nego ators reluctant to accept highlighted the importance of development, language li ed directly from Security con ict preven on, peacebuilding, and Council resolu ons into the GCTS review, human rights aspects was seen by many as notwithstanding the binding nature of some an important countervailing narra ve. of Council resolu on clauses. WHAT IS THE PURPOSE OF THE GCTS However, the length and scope of the REVIEW, AND DOES IT CONTINUE TO MEET current itera on of the resolu on raises THAT OBJECTIVE? ques ons about the func onality and audience of the GCTS review at this stage. The GCTS review is intended to ensure that Many experts report that the all- the world body’s overarching framework encompassing, unwieldy nature of the re ects contemporary dynamics and needs, document risks rendering it unusable for and rea rm the UN’s role in addressing policymakers or prac oners in capitals them. The review process creates where counterterrorism measures are opportuni es for states and stakeholders – developed. including civil society organiza ons, interna onal partner organiza ons, and Moreover, the GCTS is not the only pla orm experts – to ensure that the discourse on for UN Member States to debate the issue counterterrorism at the UN reflects emerging of terrorism; terrorism is regularly debated threats and trends, is up-to-date regarding in the GA’s sixth commi ee on legal issues, the drivers of terrorism and responses to it, and the issue of human rights and and includes a wider array of specialist counterterrorism is debated in the GA’s agencies and experts. third commi ee in the Fall. States are also free to propose their own resolu ons on For some states in the General Assembly, the issue, as Afghanistan and Spain did on the GCTS review is the only opportunity to the issue of vic ms of terrorism, for share their na onal security priori es or example.16 The Security Council has also 16United Na ons General Assembly resolu on 73/305, A/RES/73/305 (2 July 2019), available from h ps://undocs.org/Home/Mobile? FinalSymbol=A%2FRES%2F60%2F288&Language=E&DeviceType=Desktop&LangRequested=False, A/RES/73/305. 8 ti ff fl ffi fl ti ti ti ti ffi ft ti ti ti ti tt ft ti fl ti ti ti ti ti ti ti fl fi tti ti tt ti ti ti ffi ti ti ti ti ti ti ti ti tf fi tt
been proac ve in addressing the threats Seven GCTS reviews have been completed. posed by interna onal terrorism since 1996, UN counterterrorism norms have been when it was rst prompted to sanc on al- established by numerous Security Council Qaida by the East Africa bombings. Since and General Assembly resolu on. However, the adop on of Security Council Resolu on given the nature of contemporary threats – 1373 in the wake of 9/11, the Council has which include groups and individuals issued nearly 50 resolutions relevant to mo vated by a variety (and some mes counterterrorism, including numerous binding blend) of ideologies,19 as well as emerging obliga ons for states to amend their technologies including 3D prin ng, domes c approaches.17 Indeed, there have unmanned aerial systems (drones) and been many calls for the Security Council to methods for communica ons, nancing, adopt fewer resolu ons and instead focus and opera ons – it is important to consider on implemen ng the exis ng ones.18 the purpose for which the GCTS was adopted and whether the current itera on In addi on to resolu ons, there is an of the review process can meaningfully extensive program of work and ac vi es address these challenges, par cularly given maintained by the Security Council Counter- the prolifera on of ins tu onal actors and Terrorism Commi ee (CTC) and the ‘1267’ specialized bodies like the Interna onal Civil Al-Qaida and Da’esh/ISIL Commi ee and Avia on Organiza on (ICAO), the Financial their expert bodies, the Counter-Terrorism Ac on Task Force, or Interpol, for example, Execu ve Directorate (CTED) and the that are dealing with di erent elements of Monitoring Team, respec vely. S ll, this counterterrorism. only represents a snapshot of some of the ac vity undertaken by bodies at one HOW DOES THE GCTS REVIEW INTERSECT par cular UN headquarters in New York. WITH WIDER UN PRIORITIES AND GOALS? Other en es undertake their own counterterrorism-related ac vi es and Evolu ons in interna onal approaches and policymaking processes at UN o ces in priori es in rela on to CT have been Geneva and Vienna; in regional and re ected in the GCTS review nego a ons, subregional bodies like the European Union, as they have in Security Council resolu ons. the African Union, the Organiza on for Terrorist a acks in London and Beslan (in Security Coopera on in Europe; and in July and September 2004 respec vely) intergovernmental bodies like the Global highlighted the importance of comba ng Counter-Terrorism Forum. incitement; the emphasis on PVE brought greater focus on structural condi ons, 17Eric Rosand, Alistair Millar, Naureen Chowdhury Fink, Counterterrorism and the United Na ons Security Council Since 9/11: Moving Beyond the 2001 Paradigm, Securing the Future Ini a ve, September 2022, available at: h ps://s -ct.org/wp-content/uploads/2022/09/SFI- Report_Full.pdf. 18David McKeever, “Revisi ng Security Council ac on on counterterrorism: New threats; (a lot of) new law; same old problems?” Leiden Journal of Interna onal Law 34(2) (2004): 441-470, available at: h ps://www.cambridge.org/core/journals/leiden-journal-of-interna onal-law/ar cle/ abs/revisi ng-security-council-ac on-on-terrorism-new-threats-a-lot-of-new-law-same-old-problems/3F6365BDA707C7B3261FEC23C20CF55B. 19“IntelBrief: The Counterterrorism Challenge of ‘Salad Bar’ Ideologies’,” The Soufan Center, 29 March 2021, h ps://thesoufancenter.org/ intelbrief-2021-march-29/. 9 fl ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti tt ti ti ti ti ti fi ti ti tt ti ti ti ti ti ti ti ti ff ti ti ti ti ti ti ti ti ti ti ti fi ti tt ffi ti ti ti ti ti ti ti tt ti ti ti ti ti ti ti ti tt fi ti tt ti ti
development approaches, and gender the staff more predictability and sustainability equality work, highligh ng the importance for its initiatives and programming. While it of UNDP and UN Women, for example. The remains likely in the near future that there will unprecedented ou low of foreign terrorist continue to be signi cant extra-budgetary ghters to con ict zones in Iraq and Syria donations by states for specific programming brought greater a en on to issues like or offices, it is critical for both the border management, avia on security, and beneficiaries as well as the ability to monitor law enforcement, highligh ng the work of and evaluate the impact of the ac vity that ICAO and Interpol and bringing more there be a viable sustainability plan for the en es into the UN’s counterterrorism o ce. Moreover, this regulariza on can work. However, it remains unclear if and help ensure greater integra on within the how the GCTS review process contributes to UN system. the wider UN work on peace and security, human rights, and development. Global Compact: With 45 en es and eight working groups, the Global Compact The evolu on of the original Counter- presents a valuable opportunity to Terrorism Implementa on Task Force (CTITF) exchange informa on and updates. CTED from an informal task force of UN bodies for example has shared approximately 25 occasionally cooperating on counterterrorism con den al visit reports (with permission of issues into the 40+ en es and more visited states) through the pla orm, a regularized structure that make up the UN process that was unthinkable in the early Global Coordina on Compact to Counter years of the process. However, reports from Terrorism (Global Compact),20 and of the members of the group suggest there are CTITF O ce, which featured only a handful ongoing challenges in ge ng informa on in of people suppor ng the task force, into the a mely and impac ul manner, and that UN O ce on Counter Terrorism (UNOCT), opportuni es to provide construc ve headed by an Under-Secretary-General with feedback remain opaque at mes. It would closer to 200 sta and millions of dollars of be useful to assess the Compact and programming (funded by largely extra- d e t e r m i n e a w ay fo r w a rd t h a t i s budgetary, or voluntary, resources from commensurate with the level of ac vity and states outside the regular UN budget), investment demanded by states and UN speaks to greater ins tu onaliza on within en es, o en re ected in GCTS review the UN system. Yet several challenges process. remain: The meager references to terrorism in the Resources: Ins tu onalizing a core UNOCT Secretary-General’s strategic planning policy team within the UN’s regular budget, rather report, Our Common Agenda,21 calls into than leaving the office almost wholly question the degree to which counterterrorism dependent on voluntary contributions, offers issues have been meaningfully integrated into 20“UN Global Counter-Terrorism Coordina on Compact,” (United Na ons O ce of Counterterrorism), h ps://www.un.org/counterterrorism/ global-ct-compact. United Na ons, Our Common Agenda – Report of the Secretary-General, (New York: United Na ons, 2021), available from h ps:// 21 www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda_Report_English.pdf. 10 fi ffi ti ti ti fi ti ti ffi ffi ti ti ft ti ti ti fl ff ti ti ti ti fl tf tt tf fi ti ti ti ti tti ti ti ti ti ti ti ti ti ti ti ti ti ti tf ti ti ti ti ffi ti tt tt
the wider UN system and its strategic As many states shi their priori es from planning. Nonetheless, a number of the counterterrorism to interstate con ict; great report’s recommenda ons (promo ng power compe on; and crises rela ng to peace and preven ng con icts, adhering to climate, energy, and migra on, for example, interna onal law and ensuring jus ce, ques ons remain about the role and u lity improving digital cooperation, and working that the UN serves in di erent contexts. with youth) have direct bearing on terrorism Undeniably, the organiza on provides much and counterterrorism issues (i.e. targeting cri cal assistance in the eld and is an young people through disinformation and important forum for states to engage in radicalization materials online, manipula ng dialogue and diplomacy. However, given the grievances rela ng to poor governance and increased a en on by states to inter-state security, and exploi ng con ict se ngs to wars, the climate crises, more limited create bases of opera ons and recruit nancial ows, the fallout of the global support). p a n d e m i c , a n d n u m e ro u s re g i o n a l sociopoli cal challenges, how does – or can In 2002, then-Secretary-General Annan’s – the GCTS review contribute to the UN’s Policy Working Group on Terrorism had wider work on these issues? Moreover, already found that the UN’s compara ve without being able to ins tute any advantages in comba ng terrorism lay in measures for accountability, how can the elds of preven ng and mi ga ng member states ensure that the GCTS and its con ict, addressing cri cal development reviews are not misused by states seeking and humanitarian needs, and reducing the to jus fy repressive ac ons in the name of appeal of terrorism through informa on. counterterrorism?24 The development of Secretary-General Guterres’ forthcoming New Agenda for Prior to the next review process an cipated Peace22 provides a valuable opportunity to in 2025, Member States could rst revisit the questions of how the UN might best commission an assessment of the impact of contribute to international counterterrorism the GCTS. They could also direct the UN efforts in the current context, where many system to focus on implemen ng exis ng UN ac vi es and missions are situated in measures, and develop a more regular areas where designated terrorist groups are forum for states to share feedback and ac ve, and where predatory governments inputs regarding counterterrorism that con nue to priori ze security over human might replace the GCTS (one op on might rights, despite evidence that such viola ons be a Group of Friends, or an ad hoc Working con nue to fuel grievances and spur Group). The adoption by consensus of the support for violent extremism.23 GCTS carries an implicit obligation for states 22 “New Agenda for Peace,” (United Na ons Department of Poli cal and Peacebuilding A airs), h ps://dppa.un.org/en/new-agenda-for-peace. 23United Na ons Development Programme, Journey to Extremism in Africa: Pathways to Recruitment and Disengagement (2023), available from h ps://www.undp.org/publica ons/journey-extremism-africa-pathways-recruitment-and-disengagement; United Na ons Development Programme, Journey to Extremism in Africa: Drivers, Incen ves and the Tipping Point for Recruitment, (New York: 2017) available from h ps:// journey-to-extremism.undp.org/v1/en/reports; see also: Naureen Chowdhury Fink and Arthur Boutellis, “Between a Rock and a Hard Place: Counterterrorism and Peacekeeping in the Sahel,” Interna onal Peace Ins tute Global Observatory, 20 July 2021, h ps:// theglobalobservatory.org/2021/07/between-a-rock-and-a-hard-place-counterterrorism-and-peacekeeping-in-the-sahel/. Akshaya Kumar, “Chinese Diplomats Try Using UN as Shield for Xinjiang Crimes,” Human Rights Watch, 1 November 2020, h ps:// 24 www.hrw.org/ news/2020/11/01/chinese-diplomats-try-using-un-shield-xinjiang-crimes. 11 fi tt ti ti ti fl ti ti fi ti ti ti ti ti ti fl tt ti ti ti ti ti ti ti ft ti ti ti ti ti ti ti ti ti fl ti ff fi fl ti ti ti fl ti ti tti ti ti ti ti ti ti ti ti fi ti ti ti ti ti ti ti ff tt tt ti tt tt
and the UN to account for its implementation fragile consensus achieved, while it is hard and impact, as several diplomats recently to imagine what addi onal issues may be noted. meaningfully addressed. ADDRESSING GAPS IN THE UN CT One area where the GCTS could be valuable FRAMEWORK THROUGH THE GCTS REVIEW is in regards to the challenge facing peace opera ons in contexts involving designated The expansion of the GCTS review terrorist groups. It will be important for the resolu on over the years suggests most UN to develop a guidance or protocols for themes related to counterterrorism have its sta and en es in these situa ons, already been broadly covered. In 2016, especially as the UN and its members re ect important emphasis was placed for the rst on how to address the burgeoning terrorist me on preven on, human rights, gender, threat in regions like the Sahel or Lake Chad and engagement with civil society, among Basin, or how to navigate the complexi es others, and that emphasis has remained in of sanc ons and counterterrorism measures place for the two following reviews. Over in Afghanistan. the past 20 years, some progress has been made in crea ng more transparent and S ll, it is not clear that these issues can be inclusive processes. More civil society addressed through the GCTS review briefers are invited to UN Security Council process. For example, in December 2022, counterterrorism meetings,25 more emphasis the UN Security Council adopted a has been placed on engaging with civil milestone humanitarian “carveout” across society in CTED’s assessments and all UN sanc ons, including the 1267 analyses,26 and more opportuni es have counterterrorism regime. Though the issue been created for civil society to provide has been debated in the context of the GCTS inputs and feedback into UN CT processes review, and proved deeply conten ous in the and mee ngs. past, it was the adop on of a binding Council resolu on that was able to address However, many organiza ons s ll believe – at least in large part – the concerns of civil this progress has not created su cient society actors about the negative impacts of openings and opportunity for systema zed counterterrorism measures on humanitarian and meaningful access to the UN system on action.27 counterterrorism, par cularly during the GCTS review process. Reopening issues for The GCTS review process, and the regular debate risks jeopardizing the some mes report of the Secretary-General that 25United Na ons Human Rights O ce of the High Commissioner, “Civil Society Workshop Document,” 2022, h ps://www.ohchr.org/sites/ default/ les/2022-05/CIVIL-SOCIETY-OUTCOME-DOCUMENT-MALAGA-2022-1-1.pdf; United Na ons O ce of Counterterrorism, “2022 UNOCT Malaga Conference,” 2022, h ps://www.un.org/counterterrorism/2022-UNOCT-Malaga-Conference. United Na ons Security Council resolu on 2617, S/RES/2617 (30 December 2021), available from h ps://daccess-ods.un.org/access.nsf/Get? 26 OpenAgent&DS=S/RES/2617(2021)&Lang=E. 27Naureen Chowdhury Fink and Agathe Sarfa , “Milestone in the Security Council: What the New Humanitarian ‘Carve-Out’ Means for UN Sanc on Regimes,” IPI Global Observatory, 16 December 2022, h ps://theglobalobservatory.org/2022/12/new-humanitarian-carve-out-un- sanc ons-regimes/; Agathe Sarfa , An Un nished Agenda: Carving Out Space for Humanitarian Ac on in the UN Security Council’s Counterterrorism Resolu ons and Related Sanc ons (New York: Interna onal Peace Ins tute, March 2022), h ps://www.ipinst.org/wp-content/ uploads/2022/03/Humanitarian- Ac on-in-UN-Sanc ons-Regimes-PDF.pdf. 12 ti ti ti ti fi ti ti ff ti ti ti ti ti ti ti ti ti ti ti tt ti ffi ti ti ti ti ti ti fi ti ti ti ti ti ti ffi ti ti ti fl fi ti tt ti ti ti ti tt ffi tt tt
precedes review nego a ons, provides an Beyond the formalized processes for important opportunity to consider gaps in delibera ng on terrorism in the General the UN ins tu onal architecture and the Assembly or Security Council, there are substan ve focus of its bodies, as indicated numerous policy processes – resolu ons, by paragraph 86 of the most recent GCTS ac vi es, events – that, while not directly review, for example, which shapes states’ focused on the issue of counterterrorism, expecta ons of the regular Secretary- include it among a host of considera ons. General’s report on implementa on of the Re s o l u o n s o n re g i o n a l i s s u e s o r GCTS (usually presented in the rst quarter organizations, for example, might have a of the year).28 counterterrorism component; counterterrorism priorities might intersect with other legal and Previous reviews have resulted in directives thematic considera ons (for example, if that shaped the work of the CTITF and its there are implica ons for sanc ons successor organization, the UNOCT. Although compliance). These also require the reconciling or consolida ng bodies like a en on of diplomats and experts, as well CTED, the Monitoring Team, and the as resources in capitals, and are o en Terrorism Preven on Branch of UNODC has presented on short and unexpected long been deemed poli cally unrealis c, the melines. viability and sustainability of the current arrangement should come into ques on Such fragmenta on risks diver ng expert amid increased nancial constraints and a en on and stretching diploma c other global crises. Recommenda ons to capaci es; at best they may be neglected, consolidate Security Council bodies like but at worst, they may be misused or CTED and the Monitoring Team, at the very instrumentalized. Given that more than 20 least, have already been oated.29 States years have passed since the a acks of could however use the 2023 review process September 11, 2001 catalyzed the to direct the SG to focus on a more strategic prolifera on of many of these measures and approach to the next report, o ering an created an “excep onalized” approach to assessment of the UN’s impact to date counterterrorism,30 the Secretary-General (beyond the GCTS) and o ering proposals to should consider a fresh posture for the ra onalize the mul lateral architecture. world body that re ects contemporary Nonetheless, customary tensions between dynamics and ins tu onal capaci es. the GA and the UNSC will likely make any dras c changes unlikely. 28“Calls upon the Secretary-General to assess the need to further enhance the integra on of the rule of law, human rights and gender, as cross- cu ng elements of the Strategy, in the counter-terrorism e orts of the United Na ons system in order to strengthen their e ec veness, including the need for internal advisory or monitoring and evalua on capacity in this regard, and to report on his assessment as part of the report foreseen in paragraph 118 of the present resolu on for considera on by Member States;” This is linked also to paragraph 118, which “requests the Secretary-General to submit to the General Assembly at its seventy-seventh session, no later than February 2023, a report on progress made in the implementa on of the Strategy, containing sugges ons for its implementa on by the United Na ons system, as well as on progress made in the implementa on of the present resolu on.” 29Eric Rosand, Alistair Millar, Naureen Chowdhury Fink, Counterterrorism and the United Na ons Security Council Since 9/11: Moving Beyond the 2001 Paradigm. 30Eric Rosand, Alistair Millar, Naureen Chowdhury Fink, Counterterrorism and the United Na ons Security Council Since 9/11: Moving Beyond the 2001 Paradigm. 13 ti tt tt tti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ti ti ti fl ti ti ff ti ti fl fi ti ti ti ff tt ti ti ti ti ti ti ff ti ft ti ti ti ti ti ti ti ti ti ti ti ff ti
Early on, senior UN experts recommended the format, melines, and process of the that “measures should be taken to ensure GCTS review. Expanding the inter-review that mandates of peacekeeping opera ons period from two to four years would allow are sensi ve to terrorism-related issues, the UN system to focus on implementa on, providing, for instance, that civilian police ra onalize the investment of me and o cers receive appropriate training on exper se required by diplomats, and measures to iden fy terrorist groups.”31 Yet alterna ve pla orms such as a poten al the GCTS reviews, despite their expanded Group of Friends or ad-hoc Working Group length and scope, have not meaningfully could allow states to con nue deba ng grappled with how counterterrorism can cri cal issues as deemed necessary. (and cannot) intersect with peace operations and special political missions, a core area of RECOMMENDATIONS the UN’s peace and security work. Setting out the 2023 priorities for the General • Request Secretary-General’s 2025 Strategic Assembly,32 Secretary-General Guterres report on UN counterterrorism efforts and noted the need for a new generation of peace architecture, with a 2026 implementation enforcement missions and counterterrorist proposal report: Member States should operations; even if delibera ons cannot use the 2023 GCTS review to ask the UN determine whether or not UN peace Secretary-General to produce a strategic opera ons can undertake counterterrorism, report on the roles and impacts of the UN in they should outline guidance and protocols countering terrorism, with recommendations for how they should manage threats posed for a multilateral posture and architecture by terrorist groups to themselves and the that reflects contemporary threats and communi es they serve. dynamics. The report should not reproduce the list of institutional activities found in the The expansion of the GCTS review resolution regularly produced reports on UN responses has resulted in lengthier negotiations, to ISIL, but offer a crisp, strategic assessment increasingly complex detail, and an of the UN’s comparative advantages in investment by UN member state capitals countering terrorism in the current and missions that may distract from other context, and how to best leverage those priori es, even counterterrorism issues that advantages to achieve the goals set out in appear in other bodies. The 2023 review Our Common Agenda. This report should should be used to lay the groundwork for a be produced in consulta on with Global strategic refresh of the process, with Compact members, civil society organizations, increased focus on impact, implementa on, and communities directly affected by and integra on. This will require changing terrorism and counterterrorism. It should be 31United Na ons General Assembly & Security Council, Iden cal le ers dated 1 August 2002 from the Secretary-General addressed to the President of the General Assembly and President of the Security Council, A/57/273-S/2002/875 (6 August 2002), Sec on V, Recommenda on 23, available from h ps://documents-dds-ny.un.org/doc/UNDOC/GEN/N02/512/97/IMG/N0251297.pdf?OpenElement.; see also: Arthur Boutellis and Naureen Chowdhury Fink, “Waging Peace: UN Peace Opera ons Confron ng Terrorism and Violent Extremism,” (Interna onal Peace Ins tute, October 2016), h ps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2893280. 32 “Secretary-General’s brie ng to the General Assembly on Priori es for 2023,” (United Na ons Secretary-General), available from h ps:// www.un.org/sg/en/content/sg/statement/2023-02-06/secretary-generals-brie ng-the-general-assembly-priori es-for-2023-scroll-down-for- bilingual-delivered-all-english-and-all-french-versions 14 ffi ti ti ti ti ti ti ti ti ti ti tt ti ti tf ti tt fi ti ti ti ti ti ti ti ti ti ti ti ti tt ti fi ti ti ti ti tt ti
presented to Member States no later than • Extend the GCTS review cycle to four 2025, with an implementation planning years, and establish pla orms for our report to be produced by the 20th regular debate and dialogue in between anniversary of the GCTS in 2026. them: Member States should use the 2023 GCTS review to lay the groundwork • Request UNOCT report assessing impacts for a four-year review cycle, in addi on to of GCTS: Member States should request discussing the form and format of the that UNOCT assess the global impacts of review process itself. The GCTS review the GCTS, as a basis for iden fying gaps currently takes approximately three to and needs moving forward, and whether four months to complete, leaving the UN and how the Strategy is e ec vely u lized system and states with only about a year by states. Such an assessment may and a half to respond to the resul ng include a combina on of self-repor ng taskings and requests before prepara ons from states, a review of relevant and for the next review begin. A more exible exis ng global indexes or sta s cs on format, like a Group of Friends or an ad- relevant issues, or a dedicated series of hoc Working Group, could o er a forum consulta ons with member states. for debate and dialogue on CT issues in Although causality may be di cult to between the processes (or in lieu of a ribute, understanding the impacts and them), should states require such an implementa on of the Global Strategy will arrangement. be cri cal to determining the future course of the review process. This might • Revitalize the Global Compact: Although be included as an annex in the report in balancing the compe ng aims of recommenda on I, or as an independent ins tu onal streamlining and fostering report. inclusion may prove challenging, states should use the 2023 review process to • Reevaluate exis ng tools for emerging be er understand the roles and impacts challenges: Member States and UN of the Global Compact, and whether and en es should review exis ng tools – how these contribute to more e ec ve i n c l u d i n g re s o l u o n s , f ra m e wo r k engagement with the wider UN system or documents, programs of work and events whether the form and working methods – to iden fy how these might be adapted require reassessment to align with the to address emerging threats and trends. resources and mandates of the member For example, ac vi es focused on organiza ons. terrorism financing may be directed to target XRIRB actors; projects focused on countering terrorist narratives and countering incitement could be directed to focus on online radicalization of youth and complement efforts by partners like the Global Internet Forum to Counter Terrorism or the Christchurch Call. 15 tt ti tt ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ff tf ti ti ti ff ti ti ffi ti ff fl ti ti ti ti ti ti
CONCLUSION This GCTS review will be undertaken against Reports of the UN’s demise are greatly the background of the ongoing war in exaggerated. As the war in Ukraine reaches U k ra i n e , d e fa c to Ta l i b a n r u l e i n its rst anniversary, the Taliban appear Afghanistan, and concerns about future increasingly se led in their role as de facto con ict in the Asia-Paci c region. For two rulers in Afghanistan, a stalemate sets in decades, UN Member States and o cials Syria that does not address the needs of the sought to de ne the role of the organiza on vic ms of the con ict or groups like ISIL, in rela on to terrorism, beginning with Ko and internal con icts in places like Yemen Annan’s 5D’s to Ban Ki Moon’s Plan of and Myanmar con nue to devastate civilian Ac on on PVE. What will be the next UN lives, cri ques of the world body will be itera on? So long as the GCTS and the balanced out by calls for an increased role review process exists, “de-priori zing” it is and ac vity to foster peace, protect not a viable op on. The UN is a dynamic civilians, and deliver cri cal humanitarian poli cal space; what one set of states aid. In this context, states need to consider chooses to depriori ze, others may pick up whether the GCTS review process, shaped and shape. This era of increased strategic in a di erent security environment, compe on underscores the importance of con nues to serve the UN and its members areas like counterterrorism, where states in its current form. With the 2023 review have long confronted the complex interests forthcoming, and a star ng point resolu on of adversaries and partners. Moreover, the that already exceeds one hundred opera ng withdrawal of French counterterrorism paragraphs, it is me for member states to forces from the Sahel and issuance of a new boldly reassess whether the form of this U.S. counterterrorism strategy that stresses process really serves the func on for which “partner-led, U.S.-enabled”33 approaches it was established. underscore the urgency of determining a role for the UN in contexts that include terrorist groups. The author would like to thank the experts and civil society organiza ons, UN o cials, and diplomats whose insights and feedback deeply enriched the dra s of this paper. Special thanks to the team at The Soufan Center for their contribu ons. All errors and omissions, however, belong to the author alone. 33 Author discussions with U.S. counterterrorism o cials. 16 ti ti ti fl ti fi ti ti ti ti ti ti ff fi tt ti ti fl ti fl ti ti fi ft ti ti ti ffi ffi ti ti ti fi ti ffi ti
LESSONS LEARNED FROM LISTING VIOLENT FAR-RIGHT EXTREMIST GROUPS IN CANADA 12 17
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