5.1 CHAPTER VII OF THE CHARTER OF THE UNITED NATIONS

This chapter, containing thirteen articles, outlines the ability of the Security Council to determine threats to world peace and take appropriate action. In particular, Article 39 provides that “the Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken … to maintain or restore international peace and security”.

5.2 RESOLUTION 1267 (1999)

As well as imposing a freezing order and condemning the Taliban, this resolution provides for the formation of a Committee of the Security Council consisting of all the members of the Council to report on the effectiveness of the fight against the Taliban.

The sanctions have since been modified and strengthened by subsequent resolutions, including Resolutions 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009) and Resolution 1989 (2011), so that the sanctions measures now apply to designated individuals and entities associated with Al-Qaida, wherever located. The names of the targeted individuals and entities are placed on the Al-Qaida Sanctions List. Narrative summaries of reasons for listing the individuals, groups, undertakings and entities included in the Consolidated List (where available) can be found at the following URL: www.un.org/sc/committees/1267/narrative.shtml.

The Al-Qaida Sanctions List consists of two sections:

1. Individuals associated with Al-Qaida.
2. Entities and other groups and undertakings associated with Al-Qaida.

Currently the list includes 224 individuals and 64 entities, although this is subject to regular change. Examples from the Al-Qaida Sanctions List appear below. The full list is available at http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml, and was last updated on 11th July, 2013 (correct at the time of writing).

5.3 RESOLUTION 1373 (2001)

Resolution 1373 is more wide-ranging than Resolution 1267, in that it covers all acts of terrorism and terrorist financing. It requires all states to:

• Prevent and suppress the financing of terrorist acts;
• Criminalise the funding of terrorism;
• Freeze, without delay, funds and other financial assets or economic resources of any persons connected with terrorism;
• Refrain from providing any form of support to entities or persons involved in terrorist acts;
• Take the necessary steps to prevent the commission of terrorist acts;
• Deny safe haven to those who finance, plan, support or commit terrorist acts, or provide safe havens;
• Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens;
• Ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice;
• Afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings;
• Prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents.

It also calls upon states to increase cooperation and communication to prevent the financing of terrorism. Of course, the detailed rules with respect to the financial community are promulgated by the Financial Action Task Force (FATF), as discussed in Chapter 3.