UNITED NATIONS, May 25 -- With two senior UN officials set to attend the inauguration of indicted war criminal Omar al Bashir on May 27, the UN's approach to international criminal justice is being called into question.
Yet without irony on May 25 the UN's top lawyer Patricia O'Brien told a largely empty conference room of delegates they should fund the UN-assisted Extraordinary Chambers in the Courts of Cambodia because "we cannot contemplate the possibility of the trails faltering for want of financial support, that would strike a blow not only to the ECCC , but also to international criminal justice more broadly."
Having Haile Menkerios, recently named by Secretary General Ban Ki-moon, attend a ceremony celebrating Omar al Bashir, changed by the International Criminal Court with crimes against humanity and war crimes, strikes a blow to international criminal justice.
Inner City Press last week asked who if anyone would attend Bashir's inauguration for the UN, and the next day was told Ibrahim Gambari and Haile Menkerios. On May 25, Inner City Press asked
Inner City Press: ... particularly for Mr. Menkerios, who is solely a UN not AU employee, was this, did the Office of Legal Affairs, who essentially sort of authorized what seems to many to be a change of policy, even going back as far as, I mean, to have UN officials engage with an indicted, someone indicted for crimes of war is something new. And who signed off on that?
Spokesperson Nesirky: It’s just not true that it’s new. It’s just not true. The point is that both these gentlemen, Mr. Gambari and Mr. Menkerios, are appointed by the Secretary-General under a Security Council mandate to carry out a job in Sudan — in the case of Mr. Gambari jointly under the African Union, as you pointed out. Their job is to interact with the Sudanese Government. That’s their job, to ensure that the missions, the important missions, the large missions trying to do the work that you mentioned in the previous question; they interact. That’s obvious.
Nesirky: And as the Secretary-General said yesterday, this is no more, no less than their participation in an event that carries political significance as well as being a ceremony. It has political significance, but crucially, they have a mandate to be there and to interact with the Sudanese authorities.
Inner City Press: [inaudible] keep contact at the high level such as the Secretary-General, I would assume Mr. Menkerios to a minimum necessary to carry out the operational functions, because, I mean, Human Rights Watch has said this is legitimizing, or really, minim… making a mockery of the fact that if somebody is indicted for war crimes and yet can meet openly and be celebrated by UN officials. Is that, what’s the Secretary-General’s response to that?
Spokesperson: Well, first of all, Human Rights Watch are entitled to their view, and they do extraordinary work. The second thing is they have a job to do, large missions to run. They need to be able to interact with the Sudanese authorities and they have a mandate to do so.
Nesirky then refused Inner City Press' follow up question, turning to another reporter, who asked about... Bashir. The questions will not go away.
Footnote: Also on May 25, Inner City Press asked staff of the US Mission to the UN if anyone would attend Bashir's inauguration for the US. When US Permanent Representative to the UN Susan Rice appeared at the Security Council stakeout position, Inner City Press waited while she made statements about North Korea and Iran, when asked loudly, On Sudan, will anyone from the US attend Bashir's inauguration? Video here, from Minute 6:32. Ambassador Rice walked away, and the question has yet to be answered. Watch this site.
