The de facto regime in Syria is a designated terrorist group: What happens now?
However, according to the core Security Council resolution on Syria was passed at the height of the civil conflict, HTS was considered a terrorist group.
Resolution 2254adopted unanimously by the Council in 2015, calls on Member States to “prevent and deter acts of terrorism specifically carried out by” HTS’s predecessor, the Al-Nusra Front.
Is this a barrier to international or UN-led negotiations with HTS, as well as efforts to build a stable peace in Syria with strong, inclusive institutions?
And what must be done so that HTS is no longer considered a terrorist organization?
UN News spoke with Kiho Cha, a senior political official at the United Nations Department of Politics and Peacebuildingto discuss how groups or individuals are sanctioned by the Security Council and the rules for officially delisting them.
Kieu Cha: HTS was listed in May 2014, when Security Council Committee responsible for monitoring sanctions related to ISIL (Da’esh) and Al-Qaeda, as well as individuals associated with these groups, assessing that it is a terrorist organization with ties with Al Qaeda.
As recently as July 2024, the commission’s oversight group wrote a report report in which they claim that HTS is the dominant terrorist group in northwestern Syria. Its putative leader, Mohammad Al-Jolani, has also been included in the same list, although his list dates back to 2013.
United Nations News: What effect will listing HTS as a terrorist organization have on the organization’s activities?
Kieu Cha: They are subject to three sanctions: asset freeze, travel ban and arms embargo. This means that internationally, all Member States must comply with these measures.
UN News: In addition to international sanctions, do countries also unilaterally issue sanctions?
Kieu Cha: Yes, but these have nothing to do with the United Nations. For example, HTS is listed under the US Office of Foreign Assets Control.
UN News: What could the inclusion of HTS on the terrorist list mean for talks and negotiations regarding the country’s future?
Kieu Cha: Until recently there were some questions about whether humanitarian organizations could operate in Syria. However, there are currently asset freeze measures for HTS, especially for humanitarian organizations.
That clause already passed last week, just days before the Assad regime collapsed. This turned out to be a godsend, as no one expected this to happen in Syria, and humanitarian organizations can operate there without fear of being accused of unintentionally violating sanctions.
UN News: Are there many other examples of this humanitarian action? For example, in Afghanistan, where the de facto ruling faction, the Taliban, is not widely accepted at the international level?
Kieu Cha: Yes, Security Council resolution providing such a humanitarian operation in Afghanistan. And this has happened in other countries. Of course, enforcement and compliance with sanctions is important, but we also want to ensure that aid is delivered promptly and without fear of humanitarian organizations being cited for sanctions violations .
UN News: Are there similar restrictions to allow international negotiations to take place?
Kieu Cha: Yes, there are generally procedures where an applicant, usually an individual, will seek an exemption for a variety of reasons. For example, members of the Taliban say they need to go outside Afghanistan for political support. But it can be for other reasons, such as medical needs. The applicant can also apply for exemption from asset freeze.
United Nations News: What will happen for HTS to be delisted and no longer listed as a terrorist organization?
Kieu Cha: A Member State will need to propose delisting and the proposal will then be referred to the relevant Security Council Committee.
The committee – which includes representatives of all 15 countries that make up the Security Council – will then need to make a unanimous decision to approve the proposal.
UN News: Have any such proposals been put forward so far?
Kieu Cha: There may be Member States discussing the possibility of such a delisting proposal but such a request has not yet been formally made.