On Genocide, UN Cites Immunity to Srebrenica Claims, Lack of Jurisdiction Over Peacekeepers

Byline: Matthew Russell Lee of Inner City Press at UN
www.innercitypress.com/un1srebrenica062608.html

UNITED NATIONS, June 26 -- Complete with screenshots of Darfur from Google Earth, the UN on Thursday held a panel discussion on "our responsibility to protect those threatened by genocide and other crimes against humanity," including ethnic cleansing. Inner City Press asked about the UN's refusal to even show up in the Dutch court considering claims against the UN for its role in the thousands of ethnic cleansing deaths in Srebrenica. Daphna Shraga of the UN's Office of Legal Affairs answered that the UN "does not go to court," it is automatically immune and does not even show up to make the argument.

Inner City Press asked about the cases where the UN waives immunity, for example for some officials accused of corruption. Ms. Shraga responded that in the Srebrenica case in the Dutch courts, no individual is charged. Rather, it is the UN that is facing charges, which it apparently feels no responsibility to answer.


Inner City Press asked if OLA, which is headed by Nicolas Michel, has considered waiving immunity in this particular case, or at least showing up in court. The answer appears to be no. When Mr. Michel was asked to explain by a reporter, he said he doesn't have to, and that he should not be taped. It has been this way since reports earlier this year that he took rent from the Swiss government, some $10,000 a month. Immunity breeds contempt, apparenlty.

The UN's advisor on the Responsibility to Protect, Ed Luck, answered that there is also the court of public opinion, which expects the UN to do the best that it can. When it falls short, its reputation suffers. It is most important, he said, that the UN system learns. Some question, as simply a recent example, UN peacekeepers' in action while Abyie in Sudan was burned down earlier this year. What, exactly, was learned? Luck said that some of the UN's harshest critics work for the Secretariat. These are introductions we are still waiting for.

Also this week, the UN has spoken against torture. But on June 24, Inner City Press asked about alleged torture by peacekeepers. UN headquarters' lead human rights rep quickly associated the question for sexual abuse and women, and said it had already been answered. But in the Democratic Republic of Congo, UN peacekeepers have been accused of straight up torture, with little follow through. Other UN-approved peacekeepers, those of France in Ituri in 2003, are credibly accused of torture, even by Nordic conspirators. The unnamed UN watchdogs up on the 38th floor, we're sure, are closely watching all this. Impunity breeds contempt - that is apparently the lesson.

And see, www.innercitypress.com/un1srebrenica062608.html