On ICC and Sudan, No UN Response on ICC Indictee Ali Kushayb Rampages, Chad Courted for UN's Mali Mission

By Matthew Russell Lee

UNITED NATIONS, June 5 -- Sudan and the International Criminal Court are on the UK Presidency's program of work for the UN Security Council for this morning. A UK government twitter account has announced it will be covering it. (There are obstacles, under the UK Presidency, to independent blog-style social media coverage of the Council, hence today's approach, click here for that.)

  So what is the UN doing about the ICC indictees in Sudan? The UN has offered free flights on UN helicopters to indictee Ahmed Haroun, as Inner City Press covered extensively.

  On June 4, Inner City Press asked Secretary General Ban Ki-moon's spokesperson Martin Nesirky:

Inner City Press: in Darfur it is reported that, that, that, that Ali Kushayb, who is one of the ICC [International Criminal Court] indictees, was seen in April as part of an attack on a village; and I wanted to know, since UNAMID is there, are they aware of that? Are they aware of the involvement of an ICC-indicted individual in this attack and, if so, what do they think of it? Do they think that this proves that that the ongoing involvement of these individuals in war crimes?

Spokesperson Nesirky: I’ll check with UNAMID, Matthew. I think you had one other question.

  Yes, but what about that one? In the 19 hours since, no answer from UNAMID or DPKO has been provided. In fact, the update on the Congolese Army's 135 rapes in Minova that Inner City Press asked DPKO chief Herve Ladsous for on May 29 -- he said, "You know I don't respond to you," video here -- has still not been provided.

  How about Chad, which invited indictee Omar al Bashir but is being courted to be part of the UN mission in Mali? So what about the UN and the ICC indictees? Watch this site.

Sudan Army Involvement, and Some of UN's Negligence in Abyei & Blue Nile, Shown in New Report, "Anatomy of a Conflict"

By Matthew Russell Lee

UNITED NATIONS, May 21 -- New light is cast on war crimes in Sudan 2010 to 2012 by a study released today,Anatomy of a Conflict. 

  In 160 pages, with over 700 footnotes, the Harvard Humanitarian Initiative's (HHI's) Signal Program for Human Security and Technology details the movements of Sudan army units and commanders, the destruction of buildings, the looting of Abyei.

  Inner City Press covered Sudan then and now; the report (at note 64) cites Inner City Press questions and reporting about the UN providing free helicopter flights to Abyei for Ahmed Haroun, indicted by the International Criminal Court of war crimes in Darfur. 

  Haroun is now advising those who attacked and killed the Dinka Ngok paramount chief in Abyei; the UN then as now is refusing to answer questions about its actions and even mandate during that fight.

  The report notes that in October 2011 Inner City Press asked Herve Ladsous, who had just arrived as the fourth Frenchman in a row to lead UN Peacekeepering, about flight of janjaweed militia from Darfur to Blue Nile states (Note 525).

  Ladsous, who at that time was willing to answer Inner City Press' questions until his answer got him into trouble, said that "We have no mandate to follow who is flying from where."

  No mandate? Three peacekeeping missions, a billion dollars each, and no mandate? No performance? No accountability?

  Now since May 2012, Ladsous refuses to answer Inner City Press questions, including about the mandate of UNISFA in the recently killing of the Dinka Ngok paramount chief. 

  South Sudan Permanent Representative Francis Deng, the murdered chief's brother, told Inner City Press that UN Peacekeeping is not implementing the protection of civilians mandate given to it by the Security Council. But still, no response from Ladsous.

  HHI's director Michael VanRooyen in releasing the embargoed study said it "demonstrat[es] how humanitarian actors can see other, future disasters in new ways." UN Peacekeeping, to the degree it is an actor, should not only see but act in new ways in the future.

  The Signal Program report is useful, and we anticipate referring to it more in the future. But it does not cast a critical enough eye on UN Peacekeeping and its leadership: these are the common denominators in the failure to protect civilians in Sudan, now in South Sudan, and in Eastern Congo. That is a study that is needed. Watch this site.

UN Says No Power to Stop Sri Lanka Silva from Inspecting DPKO Troops

By Matthew Russell Lee

UNITED NATIONS, December 13 -- On the same day the UN of Secretary General Ban Ki-moon said its review of its actions and inactions in Sri Lanka will be finished in the second quarter of 2013, it also claimed that it had no power over, and could not stop, General Shavendra Silva of the Sri Lanka Army, depicted in Ban's report on Sri Lanka as engaged in war crimes, from "inspecting" UN peacekeepers in Lebanon.

   By the logic of the UN's answer, even indicted war criminals could play such an inspecting role in UN Peacekeeping missions.

   In fact, while in the UN Security Council Thursday morning delegations denounced Ahmed Harun of Sudan, UN Peacekeeping has at least twice given him free flights in UN helicopters, including into the killing zone of Abyei, to throw gas on the fire.

  The head of UN Peacekeeping Herve Ladsous has refused to answer Press questions about the UN's role in Abyei, about lessons learned from the UN's introduction of cholera to Haiti and Ban's supposed Human Rights Due Diligence Policy, click here.

  With regard to Shavendra Silva, even when several South Asian Permanent Representatives came out against his service on Ban's Senior Advisory Group on Peacekeeping Operations, Ban told Inner City Press he could do nothing, it was up to member states.

  Silva even was allowed to appear in the UN's Dag Hammarskjold Library Auditorium to screen a government film denying war crimes. Press criticism of how and why that screening happened led to anti-Press moves that continue to this way -- but which are now being fought.

  Here was Thursday's evening's UN answer to Inner City Press' noon question, note the last line:

From: UN Spokesperson - Do Not Reply [at] un.org
Date: Thu, Dec 13, 2012 at 5:33 PM
Subject: Your question at the noon briefing - a reminder
To: Matthew.Lee [at] innercitypress.com

The Spokesperson later said that Major General Shavendra Silva was part of the Military-Police Advisors Community (MPAC) delegation visiting the United Nations Interim Force Mission in Lebanon from 28 Nov - 4 Dec 2012. The official MPAC programme included briefings and visits to UN positions. The MPAC is a group comprising permanent missions' military attaches and police advisors, and the UN had no authority over the group of visitors that included Gen. Silva.

"Had no authority?" The UN has no say over who visits and inspects its peacekeepers? Watch this site.

In DRC, South Africa Prepares to Redeploy, No Ladsous Answers on War Criminals

By Matthew Russell Lee

UNITED NATIONS, December 10 -- After M23 took Goma while the UN Mission MONUSCO did almost nothing, criticism of the UN Department of Peacekeeping Operations began to grow.

   Over the weekend, Ugandan President Museveni said MONUSCO is no more than "military tourism." At Monday's UN noon briefing, Inner City Press asked if there was any UN or DPKO response, but there was none.

   Later on Monday, Inner City Press asked South Africa's Permanent Representative Baso Sangqu if it is true the South African forces currently serving in MONUSCO -- or MONUSELESS as many Congolese now call it -- will transition out to the neutral international force called for in the Kampala communique.

  Yes, Sangqu told Inner City Press. He called MONUSCO "a force not being seen to be doing enough. We're to a point where the TCCs [Troop Contributing Countries] don't want to implement, they must move. Africa is ready."

  Sangqu told Inner City Press this was discussed at the day's Secretary General luncheon, "we must do more." Inner City Press asked when to expect the South African switch.

   "Once concept of operations is endorse for the neutral international force," Sangqu replied.

   The discussion took place just after the opening ceremony for a photo exhibit celebrating the UN's -- and South Africa's -- work in Timor Leste. 

  Ladsous was scheduled to appear, but given his refusal to answer even the most basic questions, like "what is the UN's role in Abyei," while on UN TV at the Security Council stakeout, time seems better spent following the Mali bilateral meetings in the Security Council.

   But on the link between Timor Leste and the UN in the Congo, we note a photograph recently tweeted at Inner City Press, of alleged war criminal Tono Suratman in the Congo with MONUSCO in 2010. Click here to view.  What standards does DPKO have? Even less, it seems, under Ladsous.

   DPKO chief Herve Ladsous responded soon after the Goma failure by claiming MONUSCO had done well, then refusing to answer Press questions about rapes in Minova by Congolese Army units the UN may or may not work with. 

  Instead, Ladsous summoned hand-picked correspondents into the hallway. Video here.

   Recently Inner City Press learned that General Shavendra Silva of the Sri Lankan Army, whose troops are depicted in the UN's report on Sri Lanka as engaged in war crimes, went to Lebanon to "inspect" the troops of Ladsous' UNIFIL mission there. Ladsous has refused questions about having Silva as an adviser on Peacekeeping Operations.

   Inner City Press is told a tale of Ladsous' predecessor Alain Le Roy taking a personal interest in whether UNMIS (or UNAMID) dealt with ICC indictee Ahmed Harun in Southern Kordofan -- and answering questions about it. 

   Ladsous by contrast refuses human rights questions. Well, he defended the Hutu governmental genocidaires in Rwanda in 1994, click here to see Inner City Press first profile. And watch this site.

In Sudan, UN's Tchalian "Met Daily" With Harun, Now UNAMID Chief of Staff: War Criminals Not Banned

By Matthew Russell Lee, Exclusive

UNITED NATIONS, April 11 -- The UN's intimacy with war criminals is exemplified in Sudan by UN official Karen Tchalian, now the chief of staff of the Mission in Darfur, UNAMID.

While Tchalian worked for UNMIS in Southern Kordofan, complaints were made to the Department of Peacekeeping Operations that he was meeting frequently -- "daily" -- with Ahmed Harun, indicted by the International Criminal Court for war crimes in Darfur, Inner City Press has learned. Tchalian's dubious positions, beyond Haroun, also appear in cables obtained and published by Wikileaks:

"The UNMIS head of the Section IV office in Kadugli, Mr. Karen Tchalian, said he was 'cautiously optimistic' that demobilization of SPLM units and reintegration of SPLM-controlled areas in the Nuba Mountains was making reasonably good progress after a long delay. He expressed concern at the availability of inflammatory misinformation on various internet sites about tens of thousands of armed men massed in the area, and criticized a recent Small Arms Survey report on the situation there."

Rather than be admonished, Tchalian was promoted to a higher UN position, in the region for which Harun was indicted: Darfur.

The UN claims to only deal with ICC indictees "as necessary." But Tchalian's new boss in Darfur, Ibrahim Gambari, took photos with ICC indictee Omar al Bashir at a wedding reception for the daughter of Chad's Idriss Deby and Musa Hilal, founder of the janjaweed militia.

After Inner City Press asked about it for more than a week, the UN announced that Gambari had been told to avoid this in the future. But Gambari has said that he will do it again, and Ban Ki-moon has not responded.

Meanwhile Ban Ki-moon has another alleged war criminal as a Senior Adviser on Peacekeeping Operations: Sri Lankan General Shavendra Silva, whose 58th Division is depicted in Ban's own Panel of Experts report as engaged in war crimes. As with Tchalian, will Ban's UN offer Silva an ever higher advisory post next time?

Harun is in the news, as much as the UN tries to play it down. Inner City Press on April 2 asked Secretary General Ban Ki-moon's spokesman:

Inner City Press: footage has come out over the weekend of Ahmed Haroun, the Governor of Southern Kordofan, shown in very clear video fashion telling troops in Southern Kordofan to take no prisoners and to clean them out, and a general stands next to him and says, “let’s eat them raw”. And many are saying that this is proof of a war crime and obviously into some [inaudible] back to the UN actually flying Ahmed Haroun to Abyei and back. Does the UN, given its continuing interest in this area, Southern Kordofan, and its role in the past with Ahmed Haroun, have any view of this tape and what should happen now?

Spokesperson Martin Nesirky: Well, listen, as you know, we don’t have direct full access to Southern Kordofan in the fashion that we would obviously like. So, it is very difficult for us to have a full picture of what is happening on the ground. We are obviously extremely concerned about the reports that are coming out of there. I think it is a bit of a stretch to be linking what may or may not be happening now with previous engagements of the kind that you mentioned — transporting this gentleman by helicopter. But, I understand what you are saying. I don’t have anything further on that particular point, except simply to stress that we are concerned about the reports that are emerging from there. But, we don’t have the direct access that we would need to be able to really understand fully what is going on.

So, the UN sought not to respond to what Harun was filmed saying, and even to avoid commenting on what is going on in South Kordofan by citing its lack of access.

Beyond the UN's Tchalian's meeting with Harun, the UN has offered free helicopter flights to Harun after he was indicted by the International Criminal Court.

On April 4, Inner City Press asked Ban Ki-moon's spokesman Nesirky about it again. This time, Nesirky said "there's a couple of points here. There appears to be some controversy around the video itself.... as a general principle any incitement that could potentially lead to war crimes we would not welcome... There are already outstanding accusation against Mr. Harun, that's within the bailiwick of the prosecutor of the ICC, it's for them to deal with that."

Of Silva and Ban's Senior Advisory Group on Peacekeeping, coverage of which Ban's minders are now trying to hinder, Ban told Inner City Press, it was a decision of member states, and nothing since. From photos with Bashir to no comment on Silva and now Harun: this is Ban's UN.

UN Draft Tells Ban & Gambari Not to Undermine ICC, But GA Will Strip Out?

By Matthew Russell Lee, Exclusive

UNITED NATIONS, February 27,updated -- The UN in Sudan has twice flown International Criminal Court indictee Ahmed Haroun into Abyei, and envoy Ibrahim Gambari recently took photos with ICC indictee Omar al Bashir at a wedding reception for Idriss Deby and the daughter of Janjaweed leader Musa Hilal.

Now, pending at the UN is a General Assembly resolution which would direct Secretary General Ban Ki-moon to "refrain from... undermin[ing]" the ICC.

This is in Paragraph 5bis of the draft GA resolution on the ICC agreed by all 120 ICC state parties and obtained by Inner City Press. The languages, sources tell Inner City Press, was put forward by Switzerland; the draft resolution is being facilitated by Japan. It is expected, however, to be stripped out before any vote in the GA, and not only by Sudan.

The paragraph currently reads:

"5bis. Requests the Secretary-General to ensure, consistent with the existing UN policies and pursuant to the Relationship Agreement, that United Nations field presences and representatives, especially peacekeeping operations, special political missions, special envoys, special representatives and mediators, refrain from any action, including the use of resources, that could undermine the efforts of the International Criminal Court, and requests the Secretary-General to submit a report on the application of such policies for the consideration of the General Assembly at its sixty-seventh session;"

Inner City Press first heard of the paragraph weeks ago, and has interviewed representatives of several ICC state parties about it. Each of them has predicted that the language will disappear; some say that its mere circulation will "send a message."

But when Inner City Press for a week asked about Gambari's photographs with Bashir, and Ban's spokesman belatedly said that Gambari had been told to avoid such contacts in the future, Gambari's response was that he would do it again.

Inner City Press asked Ban's spokesman about that, and was simply told that the message was conveyed. But it seems Ban's message was not heard, or perhaps was meant to be misunderstood. How about this paragraph? Watch this site.

Update: as Japan convenes closed door consultations in this afternoon in Conference Room 6, a participant tells Inner City Press that while Paragraph 5bis, above, is being discussed, so is Paragraph 10bis, which we'll now publish below:

"10bis. Invites all States that wish to do so to contribute voluntarily to the bearing of expenses related to investigations or prosecutions in connection with situations referred to the Court by the Security Council, in accordance with agreed modalities for such contributions [FN6 See resolution ICC-ASP/Res.11 of the Assembly of States Parties to the Rome Statute of the International Criminal Court.], and requests the Secretary-General to include the matter of article 115 (b) of the Rome Statute and article 13, paragraph 1, of the Relationship Agreement in its institutional dialogue with the International Criminal Court and to include such information in its report to the General Assembly pursuant to paragraph 10 of the present resolution."

This too "is a problem," the participant said. Watch this site.