Developing “Take Into Account” Systems
In 2019, the United Nations Security Council urged States to take into account the potential effects of counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). In May 2021, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) published a legal briefing by Dustin A. Lewis and Naz K. Modirzadeh titled “Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law.” The authors aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities.
Following an introduction in section 1, in section 2, as a primer for readers unfamiliar with the core issues, the authors briefly outline humanitarian and medical activities and counterterrorism measures, as well as a range of possible effects of the latter on the former. Section 3 explains some of the key legal aspects relating to humanitarian and medical activities and counterterrorism measures. Section 4 constitutes the bulk of the original legal analysis. The authors closely evaluate the two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. After setting the stage by summarizing some aspects of the legal relations between acts of the Security Council and IHL provisions pertaining to humanitarian and medical activities, the authors interpret the status, consequences, and content of the resolutions, exploring what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the aspects that are evaluated are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with their IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, the authors set out three sets of potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system. Finally, in section 6, the authors briefly conclude.
Interactive Companion Website
HLS PILAC has created an interactive companion website distilling the core findings of the legal briefing: www.takeintoaccount.org.
Contact
Please direct inquiries pertaining to this project to Professor Naz K. Modirzadeh.
Related Projects
Webpage last updated: June 2021.