By
Matthew
Russell Lee
UNITED
NATIONS,
April 24,
updated --
Amid the
escalating
conflict
between
Khartoum
and Juba, the
UN Security
Council on
Tuesday
afternoon saw
for the
first time a
communique on
the topic from
the African
Union Peace
and
Security
Council, which
asks for UNSC
endorsement
under Chapter
7 of
the UN
Charter.
Inner
City Press
obtained a
copy of the AU
PSC communique
-- and it putting it online
here --
and asked the
Ambassadors of
the US (Susan
Rice, this
month's
UNSC
President)
Sudan and
South Sudan
about the
communique.
Susan
Rice said
it had only
just come in,
but was being
sent to
capitals -- in
her
case,
Washington --
for study. She
said that, at
least legally,
the
UNSC could
back it under
Chapter 7
without any
agreement by
either
Juba or
Khartoum.
Inner
City Press
asked Rice
about the
statement of
anther UNSC
member that
Sudan
should be paid
reparation for
the damage of
its main
remaining oil
field in
Heglig. Rice
replied that
it is not
clear who
damaged the
oil field.
(Another
Council
member
disagreed,
telling Inner
City Press
that while a
person might
"shoot
themselves in
the leg" to
play the
victim, they
would not
"shoot
themselves in
the face.")
South
Sudan's
ambassador
Agnes Oswaha
told Inner
City Press
that the SLPA
withdrew
only on the
orders of
Salva Kiir,
and the Heglig
"belongs to
South Sudan"
and thus the
SPLA would not
have sabotaged
its own
resources. She
reiterated the
Sudan has been
bombing South
Sudanese
territory.
Sudan's
Permanent
Representative
Daffa-Alla
Elhag Ali
Osman
spoke last.
Inner City
Press asked
him if his
government
agreed to the
PSC plan. He
replied that
he hadn't yet
seen
it. He
repeated what
Inner City
Press exclusively
reported
earlier,
that Sudan has
told the
Council it has
an audio tape
"proving"
South Sudanese
intend to
destroy the
oil fields at
Heglig.
Inner
City Press
asked if such
an audio tape
had been given
to the UNSC.
It will be,
soon, he said.
(Some note
that even
proof of
intent
wouldn't be
proof that
South Sudan
carried it
through, or
was able to
carry it
through.)
Another
UNSC member
told Inner
City Press
maybe Sudan
should take
its reparation
claim to
the
International
Court of
Justice.
But
if the goal or
effect is to
deny the Omar
al Bashir
government
income so it
can be
overthrown,
what good
would a slow
ICJ decision
be? Watch this
site.
From
the US Mission
to the UN
transcript:
Inner
City
Press: On
Sudan, this
PSC
Communiqué
seems to ask
the Security
Council to
endorse at
least parts of
it under
Chapter VII. I
wonder,
I mean, I
guess as the
U.S.-what do
you think of
the
Communiqué?
Is
that something
that you
support? And
it's-some are
wondering
whether,
even though
it's Chapter
VII, this
would require
the prior
approval
of Khartoum
and Juba or
could be-you
know-could be
endorsed by
the
Council
without their
approval-and
some, one
member at
least was
talking about
some either
reparations or
in some way
compensation
to
Sudan for the
damage to
Heglig-what
does the U.S.
think of that?
Ambassador
Rice:
Well first of
all, we think
that the
African Union
statement,
speaking for
the United
States, is a
positive and
constructive
contribution.
We are
obviously
going to study
it carefully
in
Washington. I
think most
members of the
Council saw it
for the first
time as we
were sitting
there in
consultations,
and have not
had the
opportunity to
get reactions
from their
capital. But I
can say from
the U.S. point
of view, that
we view it as
a constructive
contribution,
and we'll be
consulting
with Council
members about
their
readiness and
willingness to
contemplate
next steps
that
reflect the
thrust of the
AU
Communiqué.
I can't
prejudge what
other
Council
members will
come back
with.
With
respect
to whether the
Council could
act under
Chapter VII
without
the agreement
of either of
both capitals,
of course the
answer to
that is yes,
at least in
theory,
whether-if
Council
members choose
to
do so. There's
nothing from a
legal point of
view that
prevents that.
And with
respect to
Heglig, I
think most
Council
members
expressed,
as I mentioned
in my opening
remarks,
concern about
the damage
that
has occurred
in the Heglig
oil area. We
asked this
question of
the
UN's
personnel, and
while some
people are
quick to say
reparations,
it's hardly
clear how that
damage
occurred. It's
not clear
whether it
was a result
of the
fighting on
the ground,
aerial
bombardment,
sabotage by
the SPLA or
retreating
forces as some
in Khartoum
have
alleged-we
just don't
know. And
obviously,
there are many
who will
be interested
in the answer
to that
question-but
until there's
an
independent
assessment of
what actually
happened, its
premature to
talk about
compensation
or
responsibility.
