Thursday, October 27, 2016

On Syria, Inner City Press Asks Churkin Of P3 Walk-Out, Tool In Absence of Tools, Opening Yemen



By Matthew Russell Lee

UNITED NATIONS, October 26 -- After the failure of two resolutions on Syria on October 8, New Zealand on October 13 circulated a draft resolution, which Inner City Press published that day, here.

On October 26 the Security Council's session with UN Relief Chief Stephen O'Brien turned into theater, including when Syria's Ambassador Bashar Ja'afari took the floor the latest walk-out by the Ambassadors of the UK, France, US and Ukraine. Inner City Press rushed to the photo booth to film it, then back to the stakeout to ask about it.

   Spain's Román Oyarzun Marchesi spoke briefly off-camera, then Russia's Vitaly Churkin, the Council's president for October (as  Oyarzun Marchesi will be in December) spoke at more length on the steps. Inner City Press asked him about the walk-out and he said, it is a tool in the hands of diplomats -- in the absence of other tools.

  He said the Yemen session on October 31 will be open, and that Stephen O'Brien should speak about Yemen. YouTube of Periscope here, with analysis at end.

 (Inner City Press earlier in the month asked incoming Secretary General Antonio Guterres about Yemen, story hereBeyond the Vine video here.)

  Here's New Zealand's draft resolution on Syria:

The Security Council

Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2175 (2014), 2191 (2014) 2209 (2015), 2254 (2015) 2258 (2015) and 2268 (2016),

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations,

Noting discussions in September between the Russian Federation and the United States on Syria and deeply concerned at the breakdown of the agreed pause in hostilities and series of steps to reduce violence, enable unimpeded humanitarian access and set the conditions for the resumption of a Syrian-led political process,

Distressed that, as a result of this breakdown, there has been a sharp increase in the level of conflict in Syria, accompanied by an intensification of the devastating humanitarian situation, renewed impediments to the delivery of humanitarian assistance and intensified attacks against civilians and civilian objects contrary to international humanitarian law,

Distressed also that the resumption of conflict has seen an intensification of attacks against medical facilities contrary to international humanitarian law and to its resolution 2286,
Convinced that, in these circumstances it is incumbent on the Security Council to act;

Recognising the importance of the continuation of armed action against terrorist entities in Syria designated as such by virtue of Security Council resolutions,

Determining that the situation in Syria continues to constitute a threat to peace and security in the region,

Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council’s decisions,

1. Demands an immediate and complete end to all attacks which may result in the death or injury of civilians or damage to civilian objects in Syria, in particular those carried out by air in Aleppo;

2. Demands also the immediate commencement of steps towards the implementation of Security Council Resolution 2268 and the Cessation of Hostilities outlined in it;

3. Demands that all parties allow and facilitate immediate, unimpeded and sustained access to besieged and hard to reach areas throughout Syria for humanitarian relief on the basis of needs determined by the United Nations;

4. Calls upon all parties to adhere, within 24 hours of the adoption of this resolution, to a 48 hour pause to the fighting and to regular 48 hour pauses thereafter until full implementation of the Cessation of Hostilities required under resolution 2268 is achieved, so as to allow the UN to provide humanitarian assistance to all those in need and reinforces that this obligation is in addition to the requirements under Security Council Resolution 2268;

5. Calls also on the United Nations to work with relevant parties to agree operational modalities for the pauses described in Paragraph 4 of this resolution and to ensure the necessary security guarantees for humanitarian assistance;

6. Calls upon the parties to the conflict to conclude as expeditiously as possible local agreements for the evacuation of wounded and sick, the elderly, children and maternity cases from besieged and hard to reach areas based solely on urgency and need and requests the United Nations to facilitate such agreements as appropriate;

7. Demands that all combatants not designated as terrorist entities by virtue of Security Council resolutions take steps to separate expeditiously from combatants designated as terrorist entities by virtue of Security Council resolutions while in this regard emphasising that efforts to counter terrorism must be carried out in accordance with international law, including international humanitarian law, and in particular with regard to the protection of civilians;

8. Notes the initiative of the Special Envoy of the Secretary-General on Syria of 6 October 2016 on addressing the situation in Aleppo and requests the Secretary-General to present to the Security Council within two weeks a detailed plan for its implementation for the purpose of the endorsement by the Security Council;

9. Reiterates that the only sustainable solution to the current crisis in Syria is through an inclusive and Syrian-led political process that meets the legitimate aspirations of the Syrian people and in this regard supports the intention of the Secretary-General, through his good offices and the efforts of his Special Envoy for Syria, to convene formal negotiations as soon as possible;

10. Decides to remain actively seized of the matter.

Back on October 8, French foreign minister Jean-Marc Ayrault came to the UN for a Saturday vote on the French-Spanish draft resolution on Aleppo, which Russia had already said it would veto. That is what happened. Venezuela also voted no; China and Angola abstained.

    Afterward Ayrault came to the stakeout. Inner City Press asked him, loudly, if he thinks the Saudi bombardment of Yemen should also be taken up by the Security Council, after an airstrike on a funeral most recently. He did not answer, despite the question being repeated. He left.

   While Ambassador Matthew Rycroft of the UK, which holds the Council's “pen” on Yemen, also did not answer, Vine here, New Zealand's ambassador when Inner City Press asked if his country also thinks the Saudi-led coalition should stop bombing Yemen said, “I do.”Vine here.

  Speeches went on. Then Russia's draft failed: four in favor, nine against, two abstentions. Egypt said the Security Council is becoming only a media platform. And not only that - the UN is trying to hinder Press coverage. More on that to follow.

Just before the UN Security Council met about Aleppo, with a briefing from envoy Staffan de Mistura on October 7, French Permanent Representative Francois Delattre told the press that the moment of truth, to vote on the Franco-Spanish draft resolution, was near -- Saturday at 2:30 pm, just for the drama, it seemed. The Franco-Spanish draft is below.

Now Russia has submitted its own draft, which Inner City Press has obtained and puts on Scribd, here. As Inner City Press was reporting this and other UN legal stories it was told by the UN that it, but not other correspondents, had to leave. We'll have more on this.


Delattre was asked of the analogy of Aleppo to Rwanda and did not respond on that, Periscope video here - understandable to some given, for example, then French diplomat (now taciturn UN official) Herve Ladsous' 1994 memo obtained by Inner City Press, here.

Here is the French draft:

The Security Council,

PP1 Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2175 (2014), 2191 (2014) 2209 (2015), 2254 (2015) 2258 (2015) and 2268 (2016),

PP2 Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations, (pp.2 of R.2268)

PP3 Gravely distressed by the continued deterioration of the devastating humanitarian situation in Syria, and the fact that now more than 13.5 million people are in need of humanitarian assistance in Syria, and that about 6.1 million people are internally displaced (in addition to the half a million Palestinian refugees who had settled in Syria), 861.200 people are trapped in besieged areas, (new)

PP4 Expressing outrage at the unacceptable and escalating level of violence and at the intensified campaigns, in recent days, of aerial bombings in Aleppo and recalling in this regard the statement made on 29th September by the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O’Brien, reporting a situation of “now besieged eastern Aleppo”, (new)

PP5 Strongly condemning the increased terrorist attacks resulting in numerous casualties and destruction carried out by ISIL, Al-Nusra Front (ANF) and all other individuals, groups, undertakings and entities associated with Al Qaeda or ISIL, and other terrorist groups, as designated by the Security Council, and reiterating its call on all parties to commit to putting an end to terrorist acts perpetrated by such organizations and individuals, while reaffirming that terrorism in all its forms constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever, and by whomsoever committed, (based on OP 8 of R.2254 and PP9 of R. 2139)

PP6 Being appalled at the fact that the implementation of its resolutions 2139 (2014), 2165 (2014), 2191(2014) 2209 (2015), 2254 (2015), 2258 (2015) and 2268 (2016) remains largely unfulfilled, recalling in this regard the legal obligations of all parties to comply with international humanitarian law and international human rights law, reaffirming the need for the full and immediate implementation of all provisions of resolutions 2139 (2014) 2165 (2014), 2199 (2015), 2209 (2015), 2254 (2015), 2258 (2015) and 2268 (2016) including by immediately ceasing all attacks against civilians and civilian objects, including those involving attacks on schools, medical facilities and the deliberate disruptions of water supply, the indiscriminate use of weapons, including artillery, barrel bombs, incendiary bombs and air strikes, indiscriminate shelling by mortars, car bombs, suicide attacks and tunnel bombs, as well as the use of starvation of civilians as a method of combat, including by the besiegement of populated areas, and the widespread use of torture, ill-treatment, arbitrary executions and extrajudicial killings, enforced disappearances, sexual and gender-based violence, as well as grave violations and abuses committed against children (based on PP. 5 and OP.1 of R. 2258)

PP7 Noting with concern the report of August 24, 2016 by the UN/OPCW Joint Investigative Mechanism to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic that confirms the use of chemical weapons in Syria, looking forward to the supplementary UN/OPWC JIM report and affirming that those individuals responsible for the use of chemical weapons in Syria shall be held accountable, (new, based on PP4 of R. 2235)

PP8 Strongly condemning the widespread violations and abuses of human rights and violations of international humanitarian law, stressing the need to end impunity for these violations and abuses, and re-emphasizing in this regard the need that those who have committed or are otherwise responsible for such violations and crimes in Syria must be brought to justice, (based on PP. 24 of R. 2258)

PP9 Emphasizing that the humanitarian and human rights situation in Syria continues to constitute a threat to peace and security in the region, and will continue to deteriorate further in the absence of a political solution to the crisis, (based on PP 25 and 26 of R. 2258)

PP10 Recalling its intent, expressed in its resolution 2258 (2015) to take further measures in the event of non-compliance with this resolution or resolutions 2139 (2014), 2165 (2014) and 2191(2014), (based on OP 6 of R. 2258)

PP11 Taking note of the joint arrangement of 9th September 2016 between the co-presidents of the ISSG on a cessation of hostilities in Syria, and welcoming their intention to undertake joint efforts to stabilize the situation in Syria, with special measures for the Aleppo region,

PP12 Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council’s decisions, (based on PP 27 of R. 2258)

OP1 Demands that all parties to the Syrian conflict, in particular the Syrian authorities, immediately comply with their obligations under international humanitarian law and international human rights law, in particular in all besieged and hard-to-reach areas, and fully and immediately implement all the provisions of Security Council resolutions 2139 (2014), 2165 (2014) 2191 (2014), 2199 (2015), 2254 (2015), 2258 (2015) and 2268 (2016), and recalls that those violations and abuses committed in Syria that may amount to war crimes and crimes against humanity shall not go unpunished; (based on OP 1 of R. 2258)

OP2 Calls upon all parties to implement and ensure full implementation of the cessation of hostilities as described in 2268 (2016) and its annex, including an end to all aerial bombardments as well as the provision of immediate, safe and unhindered humanitarian access, and urges the co-chairs of the International Syria Support Group to ensure the immediate implementation of the cessation of hostilities, starting with Aleppo, and, to that effect, to put an end to all military flights over the city; (new)

OP3 Underlines the need for an enhanced monitoring of the respect of the cessation of hostilities under the supervision of the United Nations, requests the Secretary General, within five days of the adoption of this resolution, to propose options to this effect, with a view to a swift implementation, and encourages all member States, especially the members of the ISSG, to contribute to the information of the monitoring mechanism; (new, based on French non-paper of Sept. 22, 2016)

OP3 bis Demands all parties to comply with United Nations requests for humanitarian access by observing the cessation of hostilities as described in resolution 2268 (2016), and that the Syrian government end all aerial bombardments, in order to facilitate safe and unhindered humanitarian access to all of Aleppo by the UN and its humanitarian partners, recognizing this requires a sustained absence of violence as determined sufficient by the UN and its humanitarian partners to allow humanitarian assistance;

OP3 ter Underlines that humanitarian access should be to the full number of people in need as identified by the UN and its humanitarian partners, with the full spectrum of humanitarian assistance as determined by the UN and its humanitarian partners, and evacuation of urgent medical cases should be facilitated by all sides based solely on urgency and need;

OP4 Requests further the Secretary-General to report to the Council on the implementation of this resolution, by all parties to the Syrian domestic conflict, every two weeks; (new)

OP5 Reiterates that the only sustainable solution to the current crisis in Syria is through an inclusive and Syrian-led political process that meets the legitimate aspirations of the Syrian people, with a view to full implementation of the Geneva Communiqué of 30 June 2012 as endorsed by resolution 2118 (2013), including through the establishment of an inclusive transitional governing body with full executive powers, which shall be formed on the basis of mutual consent while ensuring continuity of governmental institutions; (PP 5 of R. 2254)

OP6 Expresses in this regard its fullest support for the Special Envoy’s efforts towards a full implementation of resolution 2254 and urges all parties to the Syrian domestic conflict to cooperate constructively and in good faith with the Special Envoy to this end; (based on §8 of the PRST of August 17th, 2015)

OP7 Decides that it will take further measures under the Charter of the United Nations in the event of non-compliance with this resolution by any party to the Syrian domestic conflict; (based on OP6 of R.2258)

OP8 Decides to remain actively seized of the matter.


Back on September 25 as Inner City Press in a nearly empty UN covered the General Assembly debate on September 24, it heard of an emergency Security Council meeting about Aleppo called for the next day, Sunday, at 11 am.

When Syria's Ambassador Bashar Ja'afari spoke, Samantha Power, UK Matthew Rycroft and French Francois Delattre all left the Chamber.

While French Duputy Alexis Lamek stayed, the UK and US were at a lower level. For the US, Deputy Michelle Sison returned when Staffan de Mistura replied to Ja'afari.

   Inner City Press asked Churkin about the walkout and he said, Ask the Ambassador of Syria. So Inner City Press did, and Ja'afari said it “proves they are not Permanent Representatives.” Minutes later on UNTV Inner City Press asked de Mistura about the walkout, and for the status of the UN investigation of the strike on the aid convoy and if it was an AIR strike. He said, No comment on either. Video here. It's come to this.