Open briefing of the Counter-Terrorism Committee on Preventing Terrorists from Acquiring Weapons
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1 [Draft concept note] Open briefing of the Counter-Terrorism Committee on Preventing Terrorists from Acquiring Weapons United Nations Headquarters, New York, Wednesday, 17 May 2017 I. Introduction 1. Security Council resolution 1373 (2001) requires States to refrain from providing any form of support to entities or persons involved in terrorist acts, including by eliminating the supply of weapons to terrorists. However, because of the constantly evolving nature of the operational terrorist environment, denying terrorists access to weapons is a complex and multifaceted challenge. First, illicit trafficking in weapons is often associated with, and facilitated by, other forms of organized crime, including terrorism. Second, weapons may fall into the hands of terrorists because of poorly secured stockpiles and weak border controls (especially in post-conflict countries such as Libya). The activities of foreign terrorist fighters (FTFs) further increase the probability that weapons and ammunition will cross borders. Third, because their production takes place outside Government control, Improvised Explosive Devices (IEDs) are difficult to control. Attacks carried out with IEDs continue to increase and continue to kill thousands every year. Fourth, weapons including their parts, components and ammunition are increasingly accessible online and traded on a variety of platforms, including Darknet marketplaces. Lastly, the diversion of weaponry is a significant problem in many parts of the world. Access to diverted weapons and ammunition considerably enhances the military capacity of terrorist and other armed groups. Diversion may occur as a result of uncontrolled transfer, unauthorized retransfer, theft from poorly secured stockpiles, handouts to armed groups, or barter involving natural resources. It is therefore essential to strengthen Member States capacities to prevent terrorists from accessing and using weapons. 2. The Council has repeatedly stressed the importance of preventing terrorists access to weapons, including in its resolution 1373 (2001), in which it decides that States shall eliminate the supply of weapons to terrorists, and in its resolution 2220 (2015), in which it encourages the Counter-Terrorism Committee and the Counter-Terrorism Committee Executive Directorate (CTED), within their existing mandates and in close cooperation with all relevant United Nations counter-terrorism bodies, to focus on Member States capacities and needs to address the threats posed by accessibility of weapons used by terrorists as well as to counter the supply and trafficking of weapons to terrorists and requests CTED to report within the existing reporting framework to the Counter-Terrorism Committee on gaps in such capacities and to provide concrete plans to facilitate technical assistance for strengthening Member States capacities and to provide recommendations for actions to enhance response to such threats. In its resolution 2195 (2014), the Council stresses the importance of addressing the link between cross-border crime, including trafficking of arms, and terrorism, and the role of CTED in assessing gaps and facilitating technical assistance. 3. The United Nations Office for Disarmament Affairs (UNODA) promotes arms regulation and control and supports national efforts to improve the management and security of weapons and ammunition stockpiles. In line with resolution 2220 (2015), UNODA plays a leading role in support of the implementation of the Programme of Action on small arms and 1
2 light weapons, which are the weapons of choice in contemporary conflicts. Further, UNODA, through its Regional Centre in Africa (UNREC), in cooperation with the Counter-Terrorism Centre and within the framework of the United Nations Counter-Terrorism Implementation Task Force (CTITF), has been implementing a project for capacity building of States in the Lake Chad Basin to address the illicit proliferation and diversion of small arms, light weapons and their ammunition to non-state armed groups, including terrorist groups. The project provided support to Cameroon, Chad, Niger and Nigeria in the coordination of crossborder controls of small arms and light weapons in the sub-region in practical disarmament and arms control, in particular officers part of the Multinational Joint Task Force (MNJTF) set up to address the threat of Boko Haram in the Lake Chad Basin. 4. In its resolution 2322 (2016), the Council expresses concern that terrorists benefit from transnational organized crime in some regions, including from the trafficking of arms. It calls on States to continue information-sharing, through appropriate channels and arrangements, and consistent with international and domestic law, on individuals and entities implicated in terrorist activities, in particular their supply of weapons and sources of material support. Security Council resolution 2341 (2017), on the protection of critical infrastructure, including military surplus and storage areas for weapons and explosives, also recognizes that protection efforts entail multiple streams of efforts, such as planning; public information and warning; operational coordination; intelligence and information sharing; interdiction and disruption; screening, search and detection; access control; and identity verification. 5. In its efforts to assist Member States to prevent terrorists from acquiring weapons, CTED has engaged in a number of initiatives together with its partners, including the development of the International Criminal Police Organization (INTERPOL) Illicit Arms Records and Tracing Management System (iarms); the development of the International Small Arms Control Standards (ISACS) within the Coordinating Action on Small Arms (CASA) framework; the development of the International Ammunition Technical Guidelines (IATG) and the corresponding knowledge-management platform, UN SaferGuard; the development of the Central Africa Counter-Terrorism and Small Arms and Light Weapons Strategy, with Member States and the United Nations Counter-Terrorism Centre (UNCCT); ongoing dialogue with the United Nations Mine Action Service (UNMAS); and cooperation with international and regional organizations (e.g., African Centre for Studies and Research on Terrorism (ACSRT), Group of Five of the Sahel (G5 Sahel) and Economic Community of Central African States (ECCAS)) in countering the supply and trafficking of weapons to terrorists. In addition to including these elements in its country assessment visits, as required by the relevant Council resolutions, CTED is also currently updating the Committee s Technical Guide to the implementation of the relevant Council resolutions. CTED also chairs the CTITF Working Group on Border Management and Law Enforcement Relating to Counter-Terrorism, which focuses on system-wide efforts to promote the related objectives of the United Nations Global Counter-Terrorism Strategy and the relevant Council resolutions. 6. In its Global Counter-Terrorism Strategy, INTERPOL notes that several recent active-shooter terrorist attacks involved the use of Small Arms and Light Weapons (SALW) that originated in former and/or current conflict zones and were illicitly trafficked across borders. Terrorists have increasingly turned to improvised explosive devices (IEDs) to attack innocent civilians and damage critical infrastructure. INTERPOL assists Member States to identify, track and intercept illicitly trafficked weapons and other materials used by terrorists. INTERPOL will also expand access to iarms in regions targeted by its Strategy and promote the system s full interconnectivity and compatibility with national and/or 2
3 regional screening systems. This will facilitate allow real-time sharing of firearms intelligence through national and regional databases. INTERPOL also aims to establish further partnerships with the private sector to connect iarms to manufacturers databases. 7. CTED and UNMAS have strengthened their dialogue on, inter alia, the need to improve mitigation measures to prevent terrorists and terrorist organizations from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised, as well as to raw materials and components that can be used to manufacture IEDs or unconventional weapons. UNMAS is the United Nations coordinator for the mitigation of explosive hazards (mines, explosive remnants of war (ERW), cluster munitions, and improvised explosive devices). It provides technical and policy advice and expertise to national authorities as well as other United Nations entities to promote effective mitigation responses and to raise awareness. 8. The report of the Secretary-General on countering the threat posed by improvised explosive devices (A/71/187) notes the marked increase in the unlawful use of IEDs, particularly by non-state armed groups and rogue individuals. Such attacks deliberately target concentrations of civilians to achieve maximum lethality, terror and societal disruption. They currently occur globally at a rate of hundreds per month. The report recognizes that in order effectively to address the issue of IEDs at the national level, it is essential to have effective legislation, regulation and procedures in place. Close coordination among Government departments and entities involved in addressing the issue of IEDs is also important. The report notes the need to prevent commercially available precursor materials and military munitions stockpiles from being utilized in the development of IEDs. Internationally, coordination and information-sharing by Member States, international and regional organizations, and the commercial sector should be strengthened. The Security Council has also encouraged States to share information, establish partnerships, and develop national strategies and capabilities to counter IEDs. This topic is addressed within the framework of the Committee s assessment visits, including the visits to Afghanistan and Iraq. 9. The United Nations and other international organizations play an important role in assisting States to counter the growing threat posed by IEDs. UNODA has established an information hub on IEDs, pursuant to the request of the General Assembly in resolution 71/72. In an effort to secure global supply chains and enhance public safety, WCO partnered with INTERPOL and the United Nations Office on Drugs and Crime (UNODC) to launch Programme Global Shield, which aims to prevent the smuggling and illicit diversion of precursor chemicals that could be used to build IEDs. The programme enables customs administrations of more than 90 States to share information on 14 precursor chemicals used to construct IEDs. 10. The Internet is increasingly exploited for terrorist purposes, including through the use of online marketplaces to sell and acquire weapons and their components. CTED has strengthened its efforts in this field, including within the framework of a project implemented jointly with the Swiss non-governmental organization ICT4Peace, with the support of information and communications technology (ICT) industry leaders, and a project entitled, Tech Against Terrorism, which seeks to bring together public and private partners in the development of a normative self-regulation framework that will guide responses to terrorist use of the Internet in compliance with international law standards. CTED will continue to assist States to enhance measures to eliminate online access to weapons by terrorists. 3
4 11. In its resolution 2220 (2015), the Security Council encourages the Committee and CTED, in close cooperation with all relevant United Nations counter-terrorism bodies, to focus on Member States capacities and needs to address the threats posed by accessibility of weapons to terrorists and requests CTED to report to the Committee on gaps in such capacities; provide concrete plans to facilitate technical assistance for strengthening Member States capacities; and provide recommendations for actions to enhance responses to such threats. In this regard, the proposed open briefing would (i) assess the evolution of the threat posed by terrorists acquisition of weapons and discuss ways to strengthen prevention of such illegal activities; (ii) update Member States on the most significant gaps and challenges in protecting military surplus, implementing proper storage, and accountability; update Member States on the increasing use of IEDs and associated components (iii) highlight new risks and trends deriving from international arms trafficking through the Internet and across borders, including the consequences of terrorist and criminal access to, and use of, deactivated and reactivated weapons acquired from collectors, including online; highlight as well the need to implement proper international arms control standards and to fully utilize the related tools and resources developed by the United Nations, INTERPOL and the World Customs Organization (WCO). II. Objectives and topics 12. The open briefing would enable the Committee to analyse and discuss present and emerging threats, trends and developments relating to preventing terrorists from acquiring weapons, in accordance with resolutions 1373 (2001), 1624 (2005), 2178 (2014), 2195 (2014), 2220 (2015), 2322 (2016) and 2341 (2017), as well as to identify gaps in Member States efforts to implement measures to eliminate the supply of weapons to terrorists. The Committee could consider identifying priority areas of work in this area, with respect in particular to the implementation of the relevant Security Council resolutions. 13. The presentations and discussions would focus on three topics: 1. Addressing the evolution of the threat posed by terrorists acquisition of weapons and how to strengthen prevention of such illegal activities; 2. Updating Member States on the most significant gaps and challenges in protecting military surplus, implementing proper storage, and accountability, as well as on the increasing use of IEDs and associated components 3. Highlighting new risks and trends in international arms trafficking through the Internet and across borders (including the consequences of terrorist and criminal access to, and use of, deactivated and reactivated weapons acquired from collectors, including online), as well as the need to implement proper international arms control standards and use existing tools and resources. III. Format, date and venue 14. CTED proposes that a half-day open briefing be held at United Nations Headquarters, New York, on Wednesday, 17 May 2017, in Conference Room 4, from 3 p.m. to 6 p.m. The briefing would include a panel of experts representing relevant international organizations. It would consist of an opening session; three thematic sessions, focusing on the above topics; interactive discussion; and a closing session. The briefing would be open to the wider membership, as well as to other relevant United Nations entities and international and regional organizations. Each session would provide an opportunity for interactive discussion, 4
5 allowing Member States of different regions to share their experiences in preventing terrorists from acquiring weapons. (A draft agenda is attached.) IV. Outcome 15. The outcomes would include a Chair s summary of the presentations and discussions, to be posted on the Committee s website. 16. CTED will continue to work with Member States and relevant partners in stressing the need to refrain from providing any form of support to entities or persons involved in terrorist acts, including by eliminating the supply of weapons to terrorists, including via online channels, in accordance with resolution 1373 (2001) and other relevant resolutions, and will continue to report within the framework of its activities to the Security Council, in accordance with Council resolution 2220 (2015) and other relevant resolutions, acting within its existing mandates and in close cooperation with all relevant United Nations counterterrorism bodies, on States capacities and needs in addressing the threats posed by terrorist access to weapons and countering the supply and trafficking of such weapons to terrorists. 5
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