After UN Reports NATO Killed 18 Rescuers, Ban Says Complied With SC

By Matthew Russell Lee

UNITED NATIONS, March 13 -- Amid conflicting reports that NATO killed civilians in Libya, the UN Independent Commission of Inquiry report came out on March 2. It said, among other things, that in a single incident "in the town of Majer on 8 August 2011... the Commission found NATO bombs killed 34 civilians and injured 38. After the initial airstrike killed 16, a group of rescuers arrived and were hit by a subsequent attack, killing 18."

The report was put online on the website of the UN Human Rights Commission, and NATO chief Rasmussen was asked and answered about it on March 5. Later that day, Inner City Pres asked Ban's deputy spokesman Eduardo del Buey about the report, how it related to Ban's earlier statements on NATO and international humanitarian law.

"It only came on out Friday," del Buey replied, "give us time." A week later on March 12, when foreign ministers came to the UN to debate the Arab Spring, still nothing had been said (although Inner City Press asked minister Juppe, Hague and Lavrov about it). From the March 12 noon briefing:

Inner City Press: Sergey Lavrov said that he would like to see the Secretary-General working on that issue of the… of NATO casualties in Libya under some UN-NATO memorandum of understanding of 2008. I wanted to know, one, if the Secretary-General yet, or your office yet, has a comment on the Independent Commission of Inquiry’s report on Libya and those casualties, and two, what the response is to Minister Lavrov’s request that the Secretary-General somehow work with NATO to review those?

Spokesperson Nesirky: I don’t have anything on that just at the moment, but I would point out that the Secretary-General is meeting Minister Lavrov right now. And so it may be that this is addressed when we get to a readout a little bit later.

But the readout only mentioned "the situation in Libya." And the next day March 13 Ban's Spokesperson Martin Nesirky sent a statement first to Inner City Press, then soon thereafter to all correspondents, which did not address civilians casualties, much less the 18 killed rescuers in Majer:

Subject: Response to question on Libya
To: Matthew.Lee [at] innercitypress.com
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Tue, Mar 13, 2012 at 3:46 PM

The Secretary-General believes the report and recommendations of the International Commission of Inquiry on Libya provide a strong basis for the Libyan authorities to address human rights issues in Libya. The Secretary-General called consistently during the fighting for every effort to be made to minimize harm to civilians. He notes the report’s overall finding that NATO did not deliberately target civilians in Libya.

The Secretary-General is aware of the positions members of the Security Council have expressed on this issue. The Secretary-General has made clear his view that the actions taken by the international community were consistent with the relevant Security Council resolutions.

But what about the 18 rescuers killed? On March 12, Inner City Press asked ministers Alain Juppe of France and William Hague of the UK about the critique of implementation of the Council's Libya resolution. Juppe said he was proud. A Russian diplomat told Inner City Press on March 13, we will not let this rest.

One problem here is that with, on Syria, a focus on an "impartial monitoring mechanism," Ban and his Secretariat are said to disqualify themselves from such a role with statements like this which ignore the UNICI's own findings that 60 civilians, including 18 rescuers, were killed.

We'll see.

UN Libya Lovefest Ignores Tortured Africans, NATO Killings in Majer

By Matthew Russell Lee

UNITED NATIONS, March 7, updated -- Amid something of a Libya TNC lovefest at and by the UN, discordant notes of fragmentation and torture of black Africans seemed swept under the carpet. UN envoy Ian Martin began the Security Council open meeting by lavishing praise on Prime Minister El-Keib.

During the meeting a letter described as "coordinated" from the Libyans was circulated, asking for a 12 month renewal of the UN mission. Russia is said to want a shorter time: six months.

But Ian Martin might have become too close to those in power in Libya. Back on February 26, Inner City Press asked the spokesperson for Martin and the UN Support Mission in Libya:

What have UNSMIL and Ian Martin done about the abuse of Tawergians http://www.youtube.com/watch?v=yuCJcaQRIuA&feature=youtu.be

Has Mr. Martin seen this video? What is his comment? What is the status in Tawergha?

They are caged, handcuffed with green flags pushed their mouths; the end of the short clip is particularly troubling. My question is both what UNSMIL / Martin think of it and what they have done or will do about it, such as identifying those involved or expecting / ensuring that Libyan authorities take some action.

After a couple days, the UNSMIL spokesperson replied:

Subject: Press Q re Tawergha and public video of abuse: has Ian Martin seen it? What have he and UNSMIL done?
To: Matthew.Lee [at] innercitypress.com

Here we go: The plight of Tawergha and human rights abuses against them as well as against other detainees are of high concern to the United Nations and have repeatedly been referred to in the SRSG's briefings and in public reporting/statements. The United Nations Support Mission in Libya (UNSMIL) has called on the Interim Government to investgate allegations of mistreatment of the Tawergans and to ensure better security for them. Meanwhile, the UN has been providing humanitarian assistance to alleviate their current living conditions, and is also working with the Libyan authorities to find a permanent solution to their displacement and to ensure the improved protection of their human rights.

Spokesperson/Senior Advisor on Public Information and Communication
United Nations Support Mission in Libya (UNSMIL) Tripoli - Libya

But again: did Martin take the time to see the video? Was anything done about it?

Update: after the meeting, unlike many of the SRSGs, Ian Martin did not take any questions at the stakeout. Inner City Press asked him to answer one question. "No," he said, "It's Prime Minister El-Keib's day."

Inner City Press asked, have you seen the Tawergha video? But Ian Martin walked away.

Later at the stakeout, the UK's Mark Lyall Grant said that issues of detentions and torture were discussed in consultations. But there remains this part of the question: is Ian Martin doing enough? Or is he too close to the government?

Likewise, the UN International Commission of Inquiry reported on March 2 that in a single incident "in the town of Majer on 8 August 2011... the Commission found NATO bombs killed 34 civilians and injured 38. After the initial airstrike killed 16, a group of rescuers arrived and were hit by a subsequent attack, killing 18."

The report was put online on the website of the UN Human Rights Commission, and NATO chief Rasmussen was asked and answered about it on March 5. Later that day, Inner City Pres asked Ban's deputy spokesman Eduardo del Buey about the report, how it related to Ban's earlier statements on NATO and international humanitarian law.

"It only came on out Friday," del Buey replied, "give us time." How much time? Two more days have passed. Note: it is paragraph 87 of the Report, which is online here.

Then after Prime Minister El-Keib spokes to the Security Council, Russia brought up the ICI report. US Ambassador Rice replied that NATO complied with all laws; she was echoed by German Permanent Representative Wittig and French Deputy Permanent Representative Martin Briens.

But what about the 18 rescuers killed? Another Western member of the Council told Inner City Press, "I'm sure there will be a follow up by NATO."

Vitaly Churkin came out and told the Press, they keep being coquettish and answering the wrong question. The question is, were there civilian casualties in Libya? We will keep pushing.

When the Security Council open meeting was over, Inner City Press asked Prime Minister El-Keib which countries he was referring to as not protecting Libyans' investments. He replied, some in Africa, they nationalize the investments. Inner City Press asked him to name a country. Zambia, he said.

Later a major African country came to Zambia's defense, telling Inner City Press that El-Keib's comment were unfair, "There is an asset freeze, you can't just accuse Zambia."

At the stakeout, Inner City Press asked UK Ambassador Mark Lyall Grant about the issue. He said the the chairman of the Council's Libya Sanctions Committee, Ambassador Cabral of Portugal, spoke in consultations, but that the feeling is that the Committee says "yes" to every request from the government.

After that, another Council member said El-Kebi should not have just named Zambia. We hope to get Zambia's response.

One wonders if Ban Ki-moon raised the issue during his recent visit to Zambia, after which Ban visited Angola but did not meet with the opposition. Ah, democracy -- no African spring?

From the UK Mission transcript:

Inner City Press: I’ve heard the idea of a 12 month [mandate], is there unanimity around that and also was there any discussion of this issue of African Libyans that were being detained, locked up, there’s a video circulating of people with flags in their mouth and being told to salute the new government, I just wonder do you think UNSMIL is doing enough on that? I just tried to ask Mr Martin and didn’t get an answer. What’s the Council’s stance on the treatment of people perceived to be Qadhafi supporters in Libya?

Lyall Grant: "On the first issue, there was certainly one Member State that raised the question of whether it should be a six-month or a 12-month mandate renewal. Mr Martin said that he thought it should be a 12-month renewal and referred to a letter from the Prime Minister to the Secretary-General and members of the Security Council in which he specifically requests the 12-month renewal. So certainly our view, the British government’s view, is that it should be a 12-month renewal.

"The question of detentions was certainly raised. There are concerns about the detentions, particularly by some of the militias which are not properly under central government control yet, and that is an issue of concern to the Council, and a number of Members raised that issue. And Mr Martin said that UNSMIL was certainly working on that issue."

Inner City Press: Mr el-Keib the Prime Minister said that some African countries are not respecting or returning Libyan investments. Another member afterwards said maybe these are subject to freeze, and the Council should do something. Was there discussion about what to do with the still frozen assets?

Lyall Grant: "There was some discussion of that, about what the Prime Minister had said and what it meant, and we had a briefing from the Ambassador of Portugal who chairs the Sanctions Committee, and he made the point that he felt that UNSMIL and Mr Martin were in a very good position to advise on lifting any remaining sanctions on assets, but the Council as a whole didn’t feel there was a problem, in that when the Libyan Government requested a lifting of asset sanctions, in all cases the Sanctions Committee had responded promptly. So it seemed to be a view that there wasn’t a major problem that needed to be fixed."

Footnote: As El-Keib spoke across First Avenue at the International Peace Institute, UN official slash IPI chief Terje Roed-Larsen told El-Keib, "everyone in this room thinks you are a hero."

Of course, Roed-Larsen's IPI made the invitations in such a way to bring that about. Roed-Larsen has refused to answer Inner City Press' questions about his "non-UN UN trip" to Bahrain, nor other questions about double service and possible conflicts of interest.

Ocampo Analogizes Darfur to Auschwitz, As Bashir's Invited to Doha, Free Press Question on Kenya Witness

By Matthew Russell Lee

UNITED NATIONS, March 5 -- Outgoing International Criminal Court prosecutor Luis Moreno Ocampo bragged Monday that Kuwait, a non member of the ICC, is saying the Syria and Bashar al Assad should be referred to the ICC.

But elsewhere in the Gulf, as Ocampo should know but didn't say, ICC indictee Omar al Bashir of Sudan had been invited to Doha, Qatar for a conference of the UN International Telecommunications Union. So has international justice progressed in the Gulf? Or in the UN?

Inner City Press asked Ocampo about photographs with Bashir recently taken by the UN - Africa Union envoy to Darfur Ibrahim Gambari, and about a draft General Assembly resolution which would urge Secretary General Ban Ki-moon to discourage such contacts, which have included the UN flying ICC indictee Ahmed Haroun into Abyei, where later civilians were killed.

Ocampo replied that if you were a Darfur victim, you wouldn't like to see photos of Gambari with Bashir. But why go so soft on the UN, Gambari and Ban Ki-moon?

(From the draft GA resolution, Inner City Press first reported, the language urging that UN limit contacts with ICC indictees is set to be stripped. Its proponents say it was noticed just be being proposed. But when Inner City Press asked for Ban Ki-moon comment on it, there was nothing.)

Ocampo is a political animal: he knows which prosecutions are popular. Inner City Press asked him to comment on the new International Commission of Inquiry report on Libya, which details killings not only by Gaddafi forces, but also his opponents, and at least 60 by NATO.

Last time he spoke at the UN, Ocampo said "wait for the report of the International Commission of Inquiry." Now that it is out, and Inner City Press read to him from it, Ocampo says there is a Human Rights Council session on March 9, that his office will go to Libya in April and that he'll be back at the UN in May. And?

Inner City Press asked Ocampo about reports that his office told Ugandan David Matsanga to remove from the Internet video of what purports to be a recanting Witness Number 4 in Ocampo's Kenya case. Ocampo said the defendants can appeal, but there should be no witness tampering. Inner City Press asked if Ocampo sees any tension between his position and freedom of the press.

Matsanga "is not your colleague," Ocampo told Inner City Press. But when a court tries to order the removal of testimony from the Internet, it impinges on free speech -- even or especially if the publisher is unpopular.

Footnote: Ocampo analogized the camps in Darfur to Auschwitz; he said that in 2004 when Kofi Annan went to Darfur, his translator was Ahmed Haroum, later to be indicted for war crimes. With Kofi Annan now the envoy to Syria, one expects this won't be the end of that anecdote. Watch this site.