UN Targeted Sanctions, Counter-terrorism Measures and Standing Humanitarian Carve-out: A Lesson Learned?

Abstract The article narrows in on the most recent development concerning the intersection of sanctions/counter-terrorism measures and humanitarian exemptions. Over the years, the humanitarian community pointed out that overly broad and improperly applied counter-terrorism measures have severely affected the ability of humanitarian organizations to provide life-saving services to conflict-affected communities already caught up in humanitarian crises. In order to address these issues, the article argues that a permanent humanitarian carve-out is to be incorporated in the sanctions regimes. After dwelling on the legal and operational issues connected to sanctions and counter-terrorism measures, the article undertakes a systematic analysis of the Security Council’s practice in relation to humanitarian issues. The analysis includes the newly established sanction regime (Haiti), which signals a development of the Security Council’s practice in that it permanently exempts from the assets freeze restrictions the funds devoted to enable the delivery of humanitarian aid. Finally, the paper carries out an in-depth analysis of the cross-cutting Resolution 2664, which provides a standing humanitarian carve-out across all UN sanctions regimes.