UN Security Council: humanitarian aid must reach those in need despite UN sanctions

On 6 December 2024, the UN Security Council unanimously adopted a resolution that will continue to allow humanitarian assistance to the civilian population in all areas where the UN Security Council has imposed financial sanctions. Specifically, the Security Council has decided to apply the humanitarian exemption on a permanent basis, including to the IS and Al-Qaeda sanctions regime. At the same time, the Security Council resolution adopted today refers to control mechanisms to ensure the correct application of these exemptions and to prevent abuse.

Sanctions should not impede humanitarian aid

Sanctions contribute to international peace and security. The targeted sanctions of the UN Security Council are never directed against humanitarian actors and activities. Nevertheless, difficulties can arise for humanitarian actors, especially in areas where sanctioned individuals or organisations are active. Clearly formulated, comprehensive exemption provisions are intended to provide legal clarity here. This will facilitate the provision of neutral, independent and impartial humanitarian aid that is geared to the needs of the population. Such aid is protected by international humanitarian law to help people in need. All states and parties to a conflict are obliged to ensure and facilitate rapid, safe and unimpeded access for humanitarian aid.

In order to help people in need, all states and parties to a conflict are obliged under international humanitarian law to ensure and facilitate rapid, safe and unhindered access for humanitarian aid. While sanctions and counterterrorism measures contribute to international security and peace, they can also hinder humanitarian activities. Exemptions are intended to ensure respect for international humanitarian law and to enable neutral, independent and impartial humanitarian aid that is geared to the needs of the population. These exemptions save lives.

Humanitarian exemptions have existed for a long time, but there was partially a lack of uniformity and clarity. In December 2022, the UN Security Council decided in its Resolution 2664 to introduce more comprehensive humanitarian exemptions for sanctions regimes, but to initially limit them in time with regard to the contexts in which IS, Al-Qaeda or groups affiliated with them are active. After a two-year trial period, it should be extended permanently with the necessary control mechanisms. This means that humanitarian aid is now guaranteed everywhere within a clear legal framework. The ability of humanitarian organisations to operate can thus also be facilitated in regions that fall within the scope of the sanctions regime against Al-Qaeda and IS.

Switzerland and the United States played a leading role in securing this extension, as they believe that humanitarian exemptions in favour of the civilian population around the world are crucial. It is estimated that this exemption will affect more than 100 million people who are dependent on humanitarian aid.

Switzerland's long-standing commitment

For many years, Switzerland has been committed to upholding international humanitarian law on the basis of its humanitarian tradition and to ensuring that sanctions are issued in accordance with the principles of the rule of law and have as little negative impact as possible on the civilian population and on humanitarian aid. It supports research and awareness-raising on this topic, notably through the Program on International Law and Armed Conflict (PILAC) of the Harvard Law School and the Norwegian Refugee Council (NRC). Both organisations have been committed to humanitarian exceptions for years. The resolution that has now been adopted is another important milestone in this regard and sends a strong political signal.

UN Security Council resolution, 06.12.2024(pdf, 151kb)

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