At the height of the civil war in Syria, the Security Council passed a major resolution on Syria, declaring HTS a terrorist group.
Resolution 2254, adopted unanimously by the Council in 2015, called on member states to “prevent and suppress terrorist activities, particularly those committed by the al-Nusra Front, the predecessor of HTS.”
So could this reality hinder international or UN-led negotiations with HTS and efforts to build strong, inclusive institutions and maintain stability and peace in Syria?
On the other hand, what does HTS have to do to get out of the terrorist organization category?
UN News spoke to Kiho Cha, a senior official at the United Nations Department of Political and Peacebuilding Affairs, on these issues.
UN News asked him how the Security Council imposes sanctions on a group or individual and what the rules are for formally removing them from the list.
Where: The Security Council Committee overseeing sanctions against ISIL (Daesh) and al-Qaeda and their affiliates was designated in May 2014 as a terrorist organization with links to al-Qaeda.
In July 2024, the committee’s monitoring group said in a report that Hayat Tahrir al-Sham (HTS) was a major terrorist group in northwestern Syria.
It also lists their alleged leader Mohammad al-Zolani under it, although his name has been on the list since 2013.
UN News: How has the listing of Hayat Tahrir al-Sham (HTS) as a terrorist organization affected their activities?
Whose: Three sanctions have been imposed against him: asset freeze, travel ban and weapons purchase ban.
This means that at the international level all member states are expected to comply with these measures.
UN News: In addition to international sanctions, can a country impose sanctions at its own level?
Whose: Yes, but they have no contact with the United Nations. Hayat Tahrir al-Sham (HTS), for example, is listed under the US Office of Foreign Assets Control.
UN News: How might listing HTS as a terrorist organization affect negotiations and agreements on the country’s future?
Where: Some time ago, there were questions about whether humanitarian organizations would be allowed to work in Syria. However, the asset freeze measures against Hayat Tahrir al-Sham (HTS) have now been relaxed, allowing humanitarian organizations to continue their operations.
The provision was adopted last week, just days before the fall of the Assad regime. This proved to be a boon for humanitarian agencies, as no one expected the situation in Syria to change like this.
Now humanitarian organizations can continue to work there without fear of violating sanctions.
UN News: Are there other examples of such humanitarian concessions? Like Afghanistan, where the Taliban has not received widespread recognition at the international level?
Where: Yes, a Security Council resolution has provided for such a humanitarian concession for Afghanistan. And it has happened in other countries too.
Of course, sanctions enforcement and compliance are important, but we also want to ensure that humanitarian aid arrives on time and that humanitarian agencies have the freedom to operate without fear of sanctions violations.
UN News: Are such concessions made to facilitate international negotiations?
Where: Yes, there are generally procedures by which an applicant (usually an individual) can seek a waiver for various reasons.
For example, for Taliban members who said they had to travel outside Afghanistan for the political process.
Also, this exemption can be granted for other reasons, such as medical necessity, or the applicant can also apply for exemption in case of property blocking.
UN News: What will it take to list Hayat Tahrir al-Sham (HTS) and prevent it from being banned as a terrorist organization?
Where: For this, a member country must propose to be removed from the list, which the Security Council will refer to the relevant committee. The committee, made up of representatives of the 15 member countries of the Security Council, must approve the proposal unanimously.
UN News: Is there any proposal yet?
Where: It is possible that some member states are considering a proposal to remove HTS from the terrorist list, but no such request has been formally received so far.