Report

Operationalising protection: best practices for humanitarian safeguards in sanctions and counterterrorism frameworks

Published 04. Jul 2025
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This study examines how humanitarian safeguards can preserve principled humanitarian action in the context of counterterrorism measures and sanctions (CT/sanctions). As states and international organisations increasingly acknowledge the impact of such measures on humanitarian operations, humanitarian exemptions have emerged as a key tool to prevent conflicts with international humanitarian law (IHL) and to protect humanitarian activities. The study analyses and compares existing models of humanitarian safeguards—across and within sanctions frameworks and counterterrorism criminal legislation—with a view to identifying best practices, as well as less effective approaches, for the protection of humanitarian action.

Following the adoption of a standing humanitarian exemption by the UN Security Council in 2022 (Resolution 2664), many states have taken steps to transpose this safeguard into national legislation—sometimes extending it to their autonomous sanctions regimes. However, divergences have emerged: states often introduce new language or restrictive conditions, while humanitarian safeguard clauses in counterterrorism legislation remain fragmented and inconsistent across jurisdictions. As a result, a variety of safeguard models now coexist both within and across legal systems. This creates a complex legal environment for humanitarian actors and private sector entities alike. The lack of harmonisation also limits the effectiveness of these safeguards in practice and risks undermining the protection of humanitarian action.

To address these challenges, this study analyses and compares models of humanitarian safeguard clauses in both sanctions and counterterrorism frameworks at the international and domestic levels. It draws on best practices to provide recommendations for states seeking to adopt or strengthen legal measures to protect humanitarian activities. The study covers major sanctions jurisdictions—including the United Nations (UN), United States (US), European Union (EU), United Kingdom (UK), and others—up to December 2024, as well as relevant legislation from donor and host states that have incorporated humanitarian safeguards.

[Download the full study]
[Download the summary checklist of best practices]