By Matthew Russell Lee
UNITED NATIONS, January 12 -- After Inner City Press got the UN to confirm on January 11 that its UN Mission in Sudan provided transportation and logistics help to indicted war criminal Ahmed Haroun to organizing nomadic tribes accused of murders in Abyei as in Darfur, reports went out and criticism of the UN rolled.
Inner City Press asked several UN Security Council ambassadors laste on January 11 about UNMIS' assistance to Haroun and they expressed surprised, that the Council had not been told anything.
On January 12, Inner City Press again asked UN spokesman Martin Nesirky about the UN's transport of International Criminal Court indictees or indictee: had UNMIS checked with the UN's Office of Legal Affairs, headed by Patricia O'Brien, who rarely speaks to the press?
Why did UNMIS think it should not check with the Security Council, which sets the Mission's mandate?
Nesirky did not say whom UNMIS had checked with.
Inner City Press asked Nesirky, “since what he’s alleged to have done in Darfur is to actually work with such nomadic tribes — at least it’s alleged in the ICC – to bring about war crimes against more sedentary populations, you don’t see any contradiction then in calling him an organizer, as sort of a uniter of such tribes?”
Nesirky protested, “I haven’t used that word, Matthew. This is the Governor of Southern Kordofan, and this was critical to help to bring the Misseriya leaders to the meeting with the Nur Dinka people — to try to ensure that the further clashes could be avoided.” We'll see.
From the UN's January 11, 2011 transcript:
Inner City Press: I just wanted to... ask you to confirm it from here, that UNMIS flew Ahmed Haroun, the ICC [International Criminal Court] indictee who was the governor of south Kordofan, flew him in a UN helicopter to Abyei and facilitated his travel. I wanted to know, if that’s true, what’s the UN’s policy on the transporting and facilitating the travel of an indicted war criminal?
Spokesperson Martin Nesirky: ...On the question of Governor Haroun, the Mission is mandated to provide good offices to the Comprehensive Peace Agreement parties in their efforts to resolve their differences through dialogue and negotiations, and I can tell you that the UN Mission in Sudan has been working with the parties, including local authorities, to contain any potential violence that may escalate. As you know, there have been clashes in Abyei, and these clashes were actually threatening to escalate into a wider war. And so Governor Haroun was critical to bringing the Misseriya leaders in southern Kordofan to a peace meeting in Abyei to stop further clashes and killings. And, in accordance with its mandate, the Mission will continue to provide the necessary support to those key players in their pursuits to find a peaceful solution.
Inner City Press: So, they did transport him? I mean, I just want to make sure I’m not reading between the lines.
Spokesperson: Correct.
Inner City Press: I guess I just wanted to know, have they transported Ali Kushayb, the other indictee, and did they check with OLA [Office of Legal Affairs]? I mean, I understand the rationale of transporting someone if necessary. But it makes you wonder, like, Joseph Kony, I mean, where’s the line drawn, and was this checked with Headquarters before it was done?
Spokesperson: What I can tell you is what I’ve already told you. It’s in accordance with the mandate to provide support to key players. Clearly, as I also said, Governor Haroun was critical to bring the Misseriya leaders in southern Kordofan to this meeting that had been arranged in Abyei.
Inner City Press: Doesn’t the Government of Sudan have its own Air Force? I mean, they fly patrols, and bomb in South Sudan, why weren’t they able to transport their own leaders?
Spokesperson: This is something that was being brought together with the help of the Mission. In other words, this was a mediation effort — and this was a part of that mediation effort.
From the UN's January 12, 2011 transcript:
Inner City Press: I wanted to ask about Sudan. After your statement yesterday about UNMIS [United Nations Mission in Sudan] transporting Ahmed Haroun, some human rights groups have been pretty critical of it. And I’ve spoken to a couple of Security Council ambassadors, who said they weren’t aware that UNMIS was transporting these ICC [International Criminal Court] indictees…
Spokesperson Nesirky: Indictee.
Inner City Press: Okay, indictee. So, two questions. One, did UNMIS – who did UNMIS check with before engaging in this? I understand there’s a 2006 OLA [Office for Legal Affairs] guidance. But was this the kind of thing that they would try to check with the Security Council or OLA? And also, is there anything more that you want to say, given – the Save Darfur Coalition and others have said that this was irresponsible and sends all the wrong messages to the people of Darfur when an indicted war criminal is transported by the UN elsewhere in the country.
Spokesperson: I think I was fairly explicit yesterday on the reasons why this was done. And as you pointed out, there is a standing instruction that dates from 2006 that spells out the way that one should interact — and namely that it should be done when it is necessary. And clearly, in this instance, the Mission felt, given what was happening in Abyei, and given that there was a risk that this could escalate into wider conflict, it was deemed necessity — necessary, critical, for Governor Haroun to be able to bring the Misseriya leaders in Southern Kordofan to this meeting in Abyei. And this is in line with its mandate, which is to provide good offices for the Comprehensive Peace Agreement, and is, as I say, meeting the criterion of necessity. This was a necessity to ensure that the two sides that were fighting could be brought together to stop that, to prevent further clashes.
Inner City Press: Just because, since what he’s alleged to have done in Darfur is to actually work with such nomadic tribes — at least it’s alleged in the ICC – to bring about war crimes against more sedentary populations, you don’t see any contradiction then in calling him an organizer, as sort of a uniter of such tribes?
Spokesperson: I haven’t used that word, Matthew. This is the Governor of Southern Kordofan, and this was critical to help to bring the Misseriya leaders to the meeting with the Nur Dinka people — to try to ensure that the further clashes could be avoided.
We'll see.