Showing posts with label bensouda. Show all posts
Showing posts with label bensouda. Show all posts

Friday, December 12, 2014

On Darfur Rapes, ICC's Bensouda Urges Action, As Ladsous Refuses Questions


By Matthew Russell Lee

UNITED NATIONS, December 12, more here -- With UN Peacekeeping chief Herve Ladsous still refusing questions about his UNAMID mission's cover up of attacks in Darfur, including 200 reported rapes in Tabit, it was International Criminal Court Prosecutor Fatou Bensouda who took on the issue on December 12.

  In her six-month report to the Security Council, Bensouda said that the reported rapes in Tabit should "shock the Council into action." But will it? In particular, when will the Council or at least particular members of it admit that the cover ups are the responsibility of the same UN Peacekeeping that they, and not just Herve Ladsous, are supposed to oversee?

   Bensouda, who like the Security Council members was given only the Executive Summary of Ban Ki-moon's cover up (of cover up) report on Darfur, thanked Ban for the report and hoped that it would be acted on. Making Ladsous answer questions about his and his Department's performance would be a start.

   Ten days after after the UN issued a statement on its internal investigation into charges it covered-up attacks in Darfur, its UNAMID mission there under Herve Ladsous on November 9 issued a statement that "village community leaders reiterated to UNAMID that they coexist peacefully with local military authorities in the area" and that no evidence of rape was found.
 On December 4, Inner City Press asked Ladsous, Why did UNAMID not say on November 9 that it was surrounded by soldiers? Video here,and embedded below.
  As is his habit, Ladsous did not answer on December 4, even with his UN Peacekeeping under fire for cover ups. It is a pattern with Ladsous. He refused Press questions for months about rapes in Eastern Congo in Minova by DRC Army units his UN Peacekeeping supports: video compilation here; Vine here.

  On the morning of December 4 Ladsous claimed to the Security Council that UNAMID's findings were "inconclusive" due to army presence. But his UNAMID's press release whitewashed the situation in Tabit and did not mention the army presence. The covering-up continues, with no credibility, as Ladsous did on the Minova raped by DR Congo Army units his UN Peacekeeping supports.
 On November 25, a wide range of groups in Darfur petitioned the UN Security Council about UNAMID's malfeasance. Inner City Press that morning obtained the letter (h/t) and put it online in full here, and below.
 While UN Spokesperson Stephane Dujarric, when Inner City Press asked at noon, said he had not seen the letter, by 6 pm when Inner City Press asked November's Security Council president about the letter, he confirmed receipt.
  Quinlan said he had circulated the letter to the other 14 Council members -- as of 3 pm, one of them had not yet received it -- and that he expects the issues to be considered when the Security Council takes up UNAMID "next week, under Chad's presidency." 
 (On November 26, the UK Mission to the UN"s Arran Skinner told Inner City Press, "I can confirm that we received the letter indirectly. In terms of contents, on alleged rape cases, the Security Council issued a press statement calling for a full investigation. The UK initiated the call for a press statement and so agree that this issue needs to be looked at." Another Security Council mission has yet to confirm receipt or comment, but it's expected.)
  On Ban Ki-moon's report into UNAMID under-reporting attacks on civilians and even peacekeepers, Inner City Press asked and Quinlan repeated it should be taken up soon, the question is finding the right, credible (or disinterested) briefer. Watch this site for that. Here is the letter:
11/25/2014

Dear Gary Quinlan, Australia's Permanent Representative to the United Nations,President of the United Nations Security Council, November 2014

United Nations

New York, NY

c. Ban Ki-moon, UN Secretary-General
Valerie Amos, Under-Secretary-General for the UN Office for the Coordination of Humanitarian Affairs
Hervé Ladsous, Under-Secretary-General of the UN Department of Peacekeeping Operations United Nations

Dear Ambassador Quinlan,

As Darfuris in the diaspora, we have watched with great sorrow and growing anger the plight of our people in this ravaged region of Sudan. Darfur at one time commanded considerable attention in the United Nations, but no longer. 
The international community in general has drifted into an acceptance that somehow the UN/African Union Mission in Darfur (UNAMID) is an adequate means of protecting millions of vulnerable civilians. It is clearly not, and the recent mass sexual assault on women and girls in Tabit, North Darfur, makes this all too clear.

But the disgraceful "investigation" by UNAMID of events in Tabit should be the occasion for our remembering that this is, in fact, a UN-authorized mission; it has UN Chapter 7 authority; it is deployed with a Status of Forces Agreement (SOFA) negotiated by the UN and African Union (February 2008), even as the agreement is now simply a travesty, violated at will by the Khartoum regime. It is not, however, simply the failing of UNAMID and the African Union that must be reckoned with. It is the Security Council, the Secretariat, and UN Department of Peacekeeping Affairs (UN DPKO) that must accept responsibility for a failing mission; and it is UN DPKO that must do most to explain what it will do in light of this failure.

It is in this context that we demand that the following questions be addressed forthrightly and expeditiously:

[1] UNAMID, even if augmented and re-directed along the lines recently suggested by Secretary Ban Ki-moon, cannot provide adequate security for the people of Darfur. We demand that plans be made immediately for an UN force that can adequately take on the "responsibility to protect" civilians at risk, per the September 2005 UN World Summit Outcome Document (§38, §39).

[2] We demand that the Security Council and UN DPKO confront the Khartoum regime over its countless flagrant violations of the SOFA.

[3] We demand that UN DPKO undertake a full review of UNAMID's performance to date. The context here should be the fact that more than 2 million Darfuris have been newly displaced since UNAMID took up its mandate in January 2008; we would remind you of how closely violence and displacement have correlated over the past decade of conflict. Moreover, insecurity has increased steadily for more than two years—this on top of the insecurity that prevailed so widely in earlie years.

[4] We demand that UN DPKO, in consultation with the Security Council and the Secretariat, formulate plans to provide adequate protection to the civilian population of Darfur. This must include contingency plans for a very rapid acceleration of what is already unacceptable insecurity for civilians and humanitarians.

[5] We demand in particular that UN DPKO ensure that UNAMID is prepared to provide adequate protection to the people of Tabit, especially girls and women, from retaliation by Khartoum for having had the misfortune of making clear to the world just how brutal this regime is.

[6] We further demand that UN DPKO instruct UNAMID to provide all necessary protection to humanitarian efforts to reach Tabit. Many residents have been badly traumatized and injured.

[7] We also demand accountability from those who are responsible for the failures that led to the brutal crimes at Tabit, and so many others over so many years. Accountability must extend to the leadership of UNAMID and the African Union Peace and Security Council, as well as to the UN DPKO. As part of this assigning of responsibility, there must be a full and competent investigation, authorized by the Security Council of how this atrocity crime was essentially white-washed by all parties, most notably UNAMID. But we must emphasize as well that we are deeply troubled by the silence of UN DPKO.

[8] We demand that UNAMID be guided by the "rules of engagement" for UNAMID in Darfur that have been previously negotiated. UN DPKO must ensure that these "rules of engagement" are widely understood and dictate the actions taken by UNAMID personnel.

[9] We demand that UN DPKO assess the possibility that insecurity is now so great that there will be an exodus of international NGOs providing critical relief aid to Darfuris. Many INGOs have expressed their deep concern for the safety of their workers in Darfur, more than 95 percent of whom are Sudanese nationals. The safety of these workers must not be discounted because they are African and Khartoum permits no news coverage of Darfur and no human rights reporting presence.

Would relief workers similarly threatened in other parts of the world be regarded in the same light as Sudanese relief workers?

[10] We demand that UN DPKO communicate with the UN Office for the Coordination of Humanitarian Affairs (OCHA) in order to ascertain when a continued humanitarian presence by the UN might become impossible for security reasons.

[11] We demand that UN DPKO assess the implications for future UN peacekeeping missions if

UNAMID is allowed to continue to fail so conspicuously. The events at Tabit and the performance of UNAMID investigators bring this question into high relief.

[12] Most generally, we demand that UN DPKO speak forthrightly about its understanding of the limitations and weaknesses of present peacekeeping in Darfur and the provision of civilian security.

We remain troubled by the comments of the Under-Secretary General for DPKO when in spring 2012 he declared that security "conditions on the ground" had improved sufficiently that UNAMID could begin to draw down its forces (a figure of 4,000 personnel was promulgated at the time). This ghastly error in judgment was never acknowledged, even as by July of 2012 we saw a tremendous upsurge in violence, especially in North Darfur. How can we trust statements from UN DPKO when egregious errors are not acknowledged?

[13] We demand that the United Nations collectively develop an effective response to the gross deficiencies of UNAMID in protecting civilians and humanitarians. UN DPKO in particular must develop benchmarks for assessing UNAMID's performance and formulate emergency contingency plans in the event of a massive and precipitous withdrawal of humanitarian personnel.

These are matters of the deepest concern to us; to date, there are far too few answers from UN about why the Darfur genocide continues more than a decade after it began. We demand clear evidence that the people of Darfur will not be further abandoned.

Sincerely,

Darfur People's Association of New York

Darfur People's Association of Maryland

Fur Cultural Revival

Darfur People's Association of Houston

Darfur People's Association of Dallas

Darfur People's Association of Illinois

Darfur Human Rights - USA

Massalit Sons' Association - USA

Darfur Rehabilitation Project

Sudanese Revolutionary Front

Sudanese Opposition Forces- USA

Broad National Front

Justice & Equality Movement - Sudan

Sudan Liberation Movement - MM

Sudan Liberation Movement - Wahid

SPLM-N

Umma Party

Girifna

Sudanese Marginalized Forum - USA

Sudanese National Democratic Forum - California

National Sudanese Alliance - Philadelphia

Peace & Democracy Center - New Jersey

Democratic Alliance, USA

Federal Democratic Alliance

Sudanese Front for Change

Kush Liberation Movement

Democratic Unionist Party

Activists without Borders

Sudanese Congress Party

Darfur People's Association of Boston

Darfur People's Association of Indiana

Darfur People's Association of Utah

Darfur People's Association of Nebraska

Darfur People's Association of Seattle

Darfur Son's Union of Greater Washington DC

Darfur People's Association of Iowa

Darfur People's Association of Arizona

Darfur Women Action Group

Darfur Association of the United States

Darfur Self-reliance Organization - San Francisco, California
 Inner City Press on November 21 asked UN Spokesman Stephane Dujarric to explain UNAMID's November 9 press release in the context of the internal memorandum, put online here, that UNAMID knew Sudanese security was filming the interviews, had even put together a "committee" of Thabit residents to speak to UNAMID. Video here.
  Dujarric said he wouldn't start now to comment on leaks. There are other leaks implicating UN Peacekeeping's Herve Ladsous. Is not commenting, like Ladsous has refused to answer Press questions, the right approach for the UN?
 Inner City Press on November 19 asked UN Spokesman Stephane Dujarric what the UN would do in the wake of its (cover up) November 9 press release, and about bombing in North Darfur three days earlier.
 On November 20, UN Associate Spokesperson Vannina Maestracci was in charge of the UN noon briefing, and read out a statement that UNAMID is trying to verify the reports of bombing on November 16.  One has to wonder, are they mishandling this like the rape reports in Thabit?
  So Inner City Press asked, what is actually being done to get into Thabit, after the cover-up press release? Inner City Press asked about UNAMID's acting head Abiodun Bashua's reference to "rumors" of rape in Thabit - is that the UN's position? And why hasn't UNAMID accessed the site(s) of the November 16 bombings, four full days later?
 On November 21, Dujarric returned with an answer, that UNAMID had in this case done out and had found "craters." But apparently UNAMID drew no conclusions from that.
  Inner City Press at the November 17 UN noon briefing asked Ban's deputy spokesperson Farhan Haq about Sudanese forces having filmed UNAMID's interviews and to confirm the new blockage.
 Haq did not comment on UNAMID letting its interviews about rape be filmed by Sudanese authorities; he confirmed the blockage and said to expect a comment from Ban.
  And two hours later it came:
"The Secretary-General is deeply troubled about persistent allegations of mass rape in Thabit, North Darfur. The African Union-United Nations Hybrid Operation in Darfur (UNAMID) visited Thabit on 9 November. However, the heavy presence of military and police in Thabit made a conclusive investigation difficult.  UNAMID has since then attempted to gain further access to shed light on what happened.

"The Secretary-General is concerned that after intense consultations with the Government in Khartoum and with local authorities in Darfur, UNAMID was yesterday denied access to Thabit. Only a full investigation by UNAMID will help shed light over these serious allegations. The Secretary-General therefore urges the Government of Sudan to grant UNAMID unfettered access, without further delay, to Thabit and its population so that these reports can be verified."
   Ban does not mention that his and Herve Ladsous' mission had this to say, on November 9: "Village community leaders reiterated to UNAMID that they coexist peacefully with local military authorities in the area. None of those interviewed confirmed that any incident of rape took place in Thabit on the day of that media report. The team neither found any evidence nor received any information regarding the media allegations during the period in question.”
  Who is going to take action, on whom, about that? Inner City Press and the new Free UN Coalition for Access are asking.
  On November 13, Inner City Press again asked UN Deputy Spokesperson Farhan Haq what had been done in the last 48 hours.Video here. 
 Haq was unable to describe any investigation done without Sudanese military presence; instead, he said that the Force Commander of UNAMID, already charged with cover-ups, spoke with Herve Ladsous, who refused to answer Press questions about 130 rapes by the DR Army in Minova. Video here.
  How to have confidence in this investigation?
 On November 11, Inner City Press again asked UN Deputy Spokesperson Farhan Haq about it:
Inner City Press: I wanted to ask again about the allegations of rape in North Darfur.  Radio Dabanga there has not only questioned, you know, the UNAMID [African Union-United Nations Hybrid Operation in Darfur] press statement but has interviewed both victims and has quoted a local community leader in Tabit, basically threatening people that if they spoke on the rapes to UNAMID, they would face the consequences.  So I wanted to know, now at this remove… yesterday the President of the Council spoke about it, at this remove, what is UNAMID going to do to get to the bottom of it?  And also, the reporting to Ms. Aicha Elbasry’s allegations, who would brief the Security Council on that?  He said yesterday, the President of the Council, that they are looking to take it up and are looking for the right briefers.  Does the Secretariat have in mind either the author of the report or who would be the appropriate briefer?  Thanks.

Deputy Spokesman:  As the Council President informed you, they'll be looking at briefers, so we'll work that out with them.  Regarding your initial question, yes, we've been in touch with the UN-African Union Mission, UNAMID, who have informed us that security personnel were in fact present during UNAMID's mission to Tabit.  The African Union-UN Mission in Darfur will continue to look into the rape allegations in the area of Tabit, North Darfur.  As reported to the Security Council yesterday, the findings of the UNAMID team, which was granted access to Tabit on 9 November, are inconclusive and need further investigation.  UNAMID remains committed to this and it will revert with any additional findings that might shed light on these allegations.

Inner City Press:  [Inaudible] I just wanted to ask you again if there's been any reflection again on that line where it says residents… and I'm going to paraphrase it, residents said that they get along fine with the military.  Just seemed the line was such a clunker, basically, it was totally inconsistent with other reports…

Deputy Spokesman:  I'm not going to second-guess how my colleagues write press releases.  Different press releases are written by different people at different times.

Inner City Press:  Who wrote this one?

Deputy Spokesman:  Someone from the Mission.  The point is: you're writing, trying to get all the information out as best you can in the circumstances you have.  What I have been able to say right now is that we are aware that security personnel was present during UNAMID's mission there. 
  We'll have more on this. Later on November 11 Inner City Press asked International Criminal Court prosecutor Fatou Bensouda if she had seen the whole UN report on allegations of cover-ups by UNAMID, or only a summary. She said only the summary, and only the day before. We'll have more on this too.
  On November 10,  Inner City Press asked UN Security Council president for November Gary Quinlan of Australia about the UNAMID press release, and if and when the Security Council will act on the "cover-up" report, including requesting the full report from the Secretariat, which to date has provided only a summary. Video here. From the Australian transcript:
Inner City Press: Sure, thanks a lot. I wanted to ask on Darfur. Thanks for what you said about what Ms Bangura said. There’s a press release put out by UNAMID that has this line in it: “Village community leaders reiterated to UNAMID that they co-exist peacefully with local military authorities in the area.” The press release doesn’t mention at all the military presence. So I wanted to ask you, one, if you could comment, what do you make of this press release by UNAMID? And two, does the report by the Secretary-General on allegations of covers up by UNAMID of attacks on civilians and on peacekeepers, where does it stand? He said that the, the Spokesperson said that an executive summary of the report went to the Council. Is the Council going to have a meeting on it? Are you going to have a full report?  And are you satisfied with UNAMID’s press release on these allegations of rape?
AMBASSADOR QUINLAN: Matthew, on the second part of the question. Members of the Council are very concerned on this whole question of UNAMID and UNAMID reporting, but also what UNAMID is doing. And one of the big issues there is the denial of access and restrictions that are imposed largely by the Government of Sudan, with whom UNAMID has a formal arrangement on access. But also, of course, by armed opposition groups and that is inherently more difficult sometimes to get the access that’s needed.
That report has not yet been discussed by the Council. I expect that it will be over the next couple of weeks. A number of members of the Council are extremely interested in it. We want to be sure that we’ve lined up the briefers from the Secretariat to have a proper discussion of that report.
Secondly, in relation to the UNAMID press release, I think the key is that they’ve indicated that they had access but it was the first time since November 4, when they’d been seeking access. And they had proactively been seeking access to be able to undertake investigations. That’s a long period to have access denied, by the way, in a circumstance like rape. You really do need, as Ms Bangura reminded us, to have access straight away, for obvious reasons. So that’s one point I’d make. The second point is UNAMID has made it extremely clear in its press release that it will conduct further follow-up actions, including possible further investigations and patrols and that they will do that in cooperation with the Government of Sudan and other parties. We have confidence that that will happen. SRSG Bangura is making this a top priority for her and so is the Secretariat itself and we were reassured about that this morning by ASG Mulet. So I think that’s basically it. 
  We'll continue to follow this -- but how can a peacekeeping mission already accused of covering up for the Sudanese government say, today, that "village community leaders reiterated to UNAMID that they coexist peacefully with local military authorities in the area"? To some, this is shocking - and indicative of problems in today's UN Peacekeeping.

Inner City Press on November 7 asked UN Spokesman Stephane Dujarric about the challenges to the UN's statement it couldn't and didn't access the site of mass rapes in Tabit in Darfur. Video heretranscript:
Inner City Press: there are witnesses in Darfur who actually say that the UNAMID investigators, rather than being stopped outside Tabit went inside and interviewed four people and after that they were spoken to by Sudanese military intelligence.  And so these are credible people that have been reporting on Darfur for some time and see the reports being issued by UNAMID although as a reaction to the quote “cover up report” as not being accurate.  And I wanted to know, can you check with them to be sure that the UNAMID investigators didn't in fact enter Tabit Tuesday at 5 am and whether they were spoken to by Sudanese intelligence and decided to say that they hadn't been able to enter the town?

Spokesman Dujarric:  I'm not going to judge the credibility or lack of credibility of people who have been reporting on Darfur.  I mean, they report.  What I can tell you is the Mission clearly stands by its reporting.  They've sent us a bit more detail, said the verification patrol comprising of military police and civilian personnel on Tuesday, 4 November, that it was sent on Tuesday, 4 November, from Shangil Tobaya to Tabit to 14:50 hours,  I assume local time.  The patrol was denied access at the outskirts of the town at a Sudanese military checkpoint.  Attempts to negotiate access to Tabit were unfruitful and the team returned to the base in Shangil Tobaya.  We've repeated… the Mission's leadership has repeated its call to the Government to grant the UN, to grant UNAMID unfettered access to the whole of Darfur and obviously especially in areas where we're trying to investigate horrendous reports of mass rape.  So that's a longer, a long way of saying that the Mission stands by its reporting. 
   But if UNAMID and UN Peacekeeping was just outed for under-reporting attacks, how it is now automatically credible? On November 6, Inner City Press asked Dujarric about similar cover-ups in Central African Republic, exposed by an Amnesty International report about that country. 
From the UN's transcript:
Inner City Press: I'm sure the Secretary-General has seen the Amnesty International's report today about the peacekeeping mission in Central African Republic.  They basically, I mean, they say a number of things.  Maybe you have some kind of response to it.  But, I wanted to especially ask you about the reporting aspect of it they describe a number of killings and attacks that have taken place in Dekoa, Bambari and elsewhere in [the Central African Republic] about, which, at least being here every day, I've heard nothing from this podium.  So, I wanted to know both substantively what's the response of UN peacekeeping to not protecting civilians and in terms of communications and transparency the response to what appears to be an underreporting similar to that analogous to that in Darfur?

Spokesman Dujarric:  Sure.  Obviously, a big part of the Missions' mandate is the protection of civilians.  The Mission, its peacekeeping forces, its formed police units, are doing that to the best of their ability.  Obviously, it's a very challenging situation.  It's a challenging terrain in which they work.  And there is, obviously… one could always use more troops and more police.  I'm not sure they're up to their mandated force as of yet.  As far as reporting goes, you know we report from here whatever we receive from the Mission.

Inner City Press: Because of the Darfur thing, I wanted to ask:  Their report is very detailed.  The report, it says names of places, number of people killed.  Maybe, first of all, does the Mission send it to [the Department of Peacekeeping Operations] in New York and they're supposed to give it to your office?  At what point has this information in the Amnesty report, has it reached New York before or is it a surprise to UN?

Spokesman:  I can only speak to what I receive from the Mission
Back on October 29, Inner City Press asked if the full Darfur report will be released, at least to the Security Council, and about under-reporting of attacks in the Central African Republic. Video here.
  Dujarric said that even before the summary was given to the Security Council members -- so that is apparently all that has been given to them -- UN missions were told to be sure to report attacks. He said he reads out what the missions sent him.
  So has the UN mission in CAR, MINUSCA, simply not send in reports about killings in Bambari and elsewhere? We'll see.

Despite a request from Inner City Press and the Free UN Coalition for Access the UN will not release the report. Back on October 29, Inner City Press asked, given that even the sanitized statement says information on attacks was withheld from the media and UN Headquarters - at its request? - who is responsible? Video here.

Tuesday, November 11, 2014

On Libya, ICC Bensouda Assessing Al-Senussi, Strange Quiet After Leon Bombed


By Matthew Russell Lee
UNITED NATIONS, November 11, more here -- With Libya descending into chaos, when the UN Security Council met about the country on November 11 it was to hear from the International Criminal Court prosecutor Fatou Bensouda.
  Bensouda said “the continued failure of the Government of Libya to surrender Saif A1-Islam Gaddafi to the custody of the International Criminal Court is a matter of great concern to my Office and the Court... I will assess my options, including whether to apply for a review of the judges' decision upholding Libya's request that the case against Al-Senussi be tried in Libya.”
  After her briefing, Bensouda to not hold a question and answer stakeout; Inner City Press caught up with her in the hall and asked if she had been given the entire UN "cover up" report on Darfur, or only part of it.
  Bensouda said she had gotten only the summary, and only the day before. Moments later the President of the Security Council for November, Gary Quinlan of Australia, reiterated that efforts are afoot for the Security Council to "take up" the report on Darfur.  
  Still nothing from the Security Council on the car bomb attack near envoy Bernardino Leon. The UK mentioned the attack -- and tellingly their own Jonathan Powell -- during the ICC meeting. But where is a UNSC Press Statement on the attack?

For days after a bombing in Libya near UN envoy Bernardino Leon, which came after Libya Dawn in Tripoli called him not impartial and persona non grata, still the UN in New York had not put out any statement at all.
  Instead, UN Department of Political Affairs' new spokesman merely selectively emailed to some Western media. No statement; nothing on the UNSMIL mission's web site. To new Free UN Coalition for Access, this is a new low in UN (non) communications.
 Back on November 4 when the UN Security Council met about Libya behind closed doors, the Press outside at the stakeout was repeatedly told that Leon would come and take questions at the stakeout.
 This is what the replaced Tarek Mitri did, each time he briefed the Security Council. With Leon being criticized inside Libya it would seem he'd have all the more reason to speak.
  But he did not. When he came out he barely broke stride -- Inner City Press took a photograph, blurred -- while saying the new Security Council Gary Quinlan of Australia would speak later. When Quinlan did, it was a bland "Press Elements."
  Still the scribes churned it. At 8:15 pm Agence France Presse bragged that it had "obtained" a French-drafted request to put Ansar al-Sharia, Benghazi and Derna, on the Al Qaeda sanctions list. 
"A copy of the French-led request to the Al-Qaeda sanctions committee was obtained by AFP." Wonder how...
   Reuters issued a breathless report with unnamed diplomats at 8:19 pm. Both have tried to get smaller investigative Press thrown out of the UN - see documents obtained under the Freedom of Information Act, here andhere - and this request by Reuters to censor one of its complaints to the UN from Google's Search.

  Back on August 27 amid airstrikes in Libya, when outgoing UN envoy Tarek Mitri briefed the UN Security Council, the airstrikes weren't even mentioned in his more than six page prepared text distributed by the UN.
  Inside the Council chamber, improvising but only a little bit, Mitri mentioned the strikes, but not who did them. Back on August 19 and once again since, Inner City Press asked the UN if it knew anything about who was behind them:
Inner City Press: Who did the air strikes?  General Haftar?  What's the UN, either Mr. LeĂłn or Mr. Mitri or whoever is currently in charge, what's their sense of who's doing air strikes in Tripoli?

Spokesman Dujarric:  I don't… I think we reported back with the Mission yesterday, if there's anything more I'll share it with you.
  But in the days since, the UN has said nothing. Now the Libyan Dawn group  has taken over the Tripoli airport despite the airstrikes and alleged that the strikes have the involvement of Haftar's (or Hiftar's) supporters, Egypt and the United Arab Emirates. What does the UN -- or now Bernardino Leon -- know and say about that? Watch this site.
On Leon: To try to counter Libya's lawless power struggle, the UN engaged in one of its own. 
  And unlike most of the member states that make up the UN, and most other inter-governmental organizations, this UN does not answer questions, at least not directly.
  After Inner City Press repeated asked about it, including at the UN's noon briefings on August 11 and 13, on August 14 the UN said Bernardino Leon will take over as its Libya envoy on September 1.
  When Inner City Press asked if that is really Leon's starting day, given that he's said he'll go to Tripoli as early as next week representing the UN, Ban Ki-moon's deputy spokesperson Farhan Haq said Leon is merely "familiarizing" himself with the work he will be, and Mitri remains in place until September 1. Really?
  Ignoring the previous questions and the power-play, wire services like Reuters merely retyped ("reported") the UN's August 14 announcement that Leon will start September 1. And now?
 Back on August 1, Inner City Press exclusively reportedthat UN envoy to Libya Tarek Mitri was being "pushed out" of the post, including by UK envoy to Libya Jonathan Powell, and cited his brother Lord Powell's extensive business in Libya through Magna Holdings.
  The UK mission, usually responsive, did not provide comment on written Press questions on this; at UN Ambassador Mark Lyall Grant's August 4 press conference Inner City Press asked about Powell's and Mitri's relationship, without direct answer, see here.
  Then the UK's Ambassador to Libya Michael Aron hasannounced, on Twitter no less,  that Mitri is out and Ban Ki-moon has installed a new UN envoy, former Zapatero diplomat Bernardino Leon Gross.
  The UN, at least at its August 8 noon briefing and in emails since, has not announce anything about replacing Mitri, much less by whom.
  Ban Ki-moon's office said that for August 9 and 10, "Spokesperson on call:  Mr. Farhan Haq." So Inner City Press wrote to Farhan Haq, as well as to lead spokesman Stephane Dujarric:
Hello. Now that the UK Ambassador to Libya, and others, have announced that Ban Ki-moon has appointed Bernardino Leon to replace Tarek Mitri as Ban's representative to Libya, head of UNSMIL, this is a request on deadline - today - that your Office confirm that this appointment or nomination has been made.
Has the letter been sent to the Security Council?
Is Leon already confirmed?
If not, how it is appropriate that P5 countries are saying he already has the job? On deadline, today.
Given many of the ongoing Afghanistan leaks are about UN DSS and UNAMA, not UNDP, there will be further questions. But the above is on deadline for today. Thank you in advance.
  But more than four hours later, by "close of business" in New York, the "spokesperson on duty" had not answered, had not even acknowledged receipt of the question.
  What does it mean to be the UN's "spokesperson on duty"?
   Isn't it for Ban Ki-moon to make this announcement? In fact, in 2011 when France had already gotten its Jerome Bonnafont in place to replace its Alain Le Roy atop UN Peacekeeping, Bonnafont's bragging about it in India, where he was French Ambassador, led to Ban rescinding the "offer."

  France countered with three time loser Herve Ladsous, Inner City Press reported each step -- including Bonnafont in July 2011 being tapped for the post, and evencongratulation cards to Bonnafont, here, and threats from AFP then the UN Correspondents Association -- and the rest is, well, a type of history (coverage in UK New Statesman, here).
  Ladsous refuses all Inner City Press questions, video compilation here; Ban Ki-moon's deputy spokesperson Farhan Haq on August 8, alluding to Ladsous and now UNDPsaid it is because of "people skills." Or reporting?
  So Ban has accepted or done nothing to stop this P3 power grab to oust Mitri. But can "his" successor be pre-announced and Ban accept that too? 
Footnote: Inner City Press is exclusively informed that UNSMIL deputy Ismail Ould Cheikh Ahmed also has business, literally: fisshing business. Ban and those in control of this play accept that too? Watch this site.
Background: Inner City Press on August 1 asked UN spokesman Stephane Dujarric what UN envoy Tarek Mitri is doing; Dujarric said he was not aware but would check.
  Inner City Press had reported that Mitri, unlike the other UN international staff who relocated to Tunis, went back to his native Lebanon. Sources in the region exclusively told Inner City Press that Mitri had been hoping for a government post in Lebanon, describing him as less than committed to remaining with the UN.
   Now we can report more. These knowledgeable sources say that Mitri is being "pushed out," mostly they say by the UK's envoy to Libya, former Tony Blair aide Jonathan Powell.
  "Mitri was expected to take on a mostly support function," one source told Inner City Press. "He stood up and said no, headquarters didn't back him up and now he's being pushed out." We'll have more on this.
  It was nine days after Libya's foreign minister Mohamed Abdel Aziz at the UN Security Council stakeout told the Press his country wanted international help to protect oil fields and ports, including airports, that the US announced it had relocated its Tripoli embassy staff out of the country to Tunisia.
  Inner City Press asked, where is UN envoy to Libya Tarek Mitri? He briefed the Security Council from Beirut -- sources tell Inner City Press he has been on vacation there, and this deputy, too, was out of the country.
  Back on July 17 when Libya's foreign minister Mohamed Abdel Aziz emerged from the UN Security Council to take questions from the media, Inner City Press asked him to be more specific about what type of “support” force he is asking for.
  Mohamed Abdel Aziz replied that the request is not for a “military” force -- but then went on to say say the force should protect oil fields and ports. If that's not military, what is it?
  Inner City Press also asked Mohamed Abdel Aziz for Libya's current position on the US arresting Abu Khatallah. Compared to the complaints of others, Mohamed Abdel Aziz said that even though under international law it is unacceptable, since Libya can't protect witnesses, maybe it is okay.
  Given the current state of affairs, what is “Libya's” position?
  Meanwhile on July 17 the UN's envoy to Libya Tarek Mitri told the Security Council -- by video from his native Lebanon, while other UN international staff are in Tunisia -- that the fighting has “cast a shadow over the election on 25 June of the 200 member Council of Representatives.” Ya don't say.
 Mitri said that barely forty percent of the 1.5 million registered Libyans went to the polls. He said 12 seats will remain vacant; 41 candidates were disqualified under the post-Gaddafi Law on Political and Administrative Isolation. Final results are supposed to be announced on July 20. Watch this site.

 
  

Tuesday, May 13, 2014

On Minova Rapes, Bensouda Tells Inner City Press That ICC Work in DRC Not Over, UNCA Demands 4 Misleading Questions


By Matthew Russell Lee

UNITED NATIONS, May 13 -- When International Criminal Court prosecutor Fatou Bensouda held a press conference on May 13, it concerned not only Libya but also Iraq.

  Inner City Press asked Bensouda about looking into UK abuse in Iraq, but not those of the US. She said, the US is not a state party of the ICC.  But, some say, doesn't that make US support for referring Syria to the ICC, with carve outs, cynical?

  On the DR Congo, Inner City Press asked Bensouda about the government convicting only two soldiers for 130 rapes in Minova in November 2012. She said, our work in the DRC is not over.  But, particularly given the UN's refusal to enforce or even explain its supposed Human Rights Due Diligence Policy, can the ICC do anything?

  In an even more arrogant and misleading fashion that usual, the UN Correspondents Association demanded the first question -- claiming that the pending Franco-American resolution would give ICC jurisdiction over "all" war crimes in Syria, not true -- then proceed to demand a third and even fourth question, while African journalists still hadn't had even one. More here.

   Earlier on May 13 when Bensouda came out of the UN Security Council, Inner City Press asked her about the pending Franco-American draft resolution to refer some of the conflicts in Syria to the ICC.
  Specifically, Inner City Press asked Bensouda if the carve-outs, for the Golan Heights and Israel and for citizens of non-member nations of the ICC like the United States, actually undercut the perceived legitimacy of international justice.
  Inner City Press prefaced the questions with "maybe you won't answer this," and Bensouda answered, "You are right." But someone should answer it.
   Inner City Press asked questions on May 8. It was reliably informed that there has as yet been no discussion among the Permanent Five members of the Security Council about the draft; one member exclusively told Inner City Press, I don't think it will be passed.
  The issue also came up at the US State Department's May 8 briefing, where spokesperson Jen Psaki said the US supports the draft. She was asked about the occupied territory of the Golan Heights, but not about the full scope and cynicism of the carve outs.
  In 2011 when the Security Council referred the situation in Libya to the ICC, the US demanded and got a similar but narrowed carve-out (Libya has no Golan Heights and therefore no Israel issue). Even so, Brazil threatened to abstain based on the cynicism of the US carve-out, as Inner City Press covered here.
  So is the assumption that the current Elected Ten members of the Security Council are all less principled than Brazil in 2011?
  In the rush to make the US position seem principled or progressive, or newsworthy when a veto by Russia or China would make the whole charade an exercise in P3 feel-good while Assad reclaimed Homs, are these questions not even being asked?
  Needing this level of impunity shows a lack of confidence in the ICC. The message is, the ICC can be sicced on one's enemies, but only if one's friends are protected. The ICC is a tool.
  In terms of sourcing, if it is said that the US and France -- fresh off its stealth and non-admitted opposition to mere human rights monitoring in Western Sahara -- refused to comment on their game, who else could be the source? P3 minutes two equals what?
  Back in 2011, while publicly calling for an end to impunity, the US at a Council experts' meeting on the morning of February 26 demanded the following paragraph:
6. Decides that nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State.
  When the resolution was adopted later that day -- after Security Council ambassadors quietly attended a Chinese circus before the 8 pm vote -- Inner City Press asked French Ambassador Gerard Araud about the paragraph. (In 2014, Araud who is now slated to leave in July denied ever opposing human rights monitoring in Western Sahara, a position an African member of the Council during Araud tenure laughed at.)
  Of the Libay carve-out, applicable to the prospective Syria carve-out, Araud said in 2011, “that was for one country, it was absolutely necessary for one country to have that considering its parliamentary constraints, and this country we are in. It was a red line for the United States. It was a deal-breaker, and that's the reason we accepted this text to have the unanimity of the Council.”
  That day, Inner City Press was not called on to ask Ambassador Rice about the paragraph, and so wrote a story with Araud's quote and the paragraph.
On March 1, 2011 outside the UN General Assembly, Inner City Press managed to ask Rice:
Inner City Press: Can I ask you a question about the Security Council resolution? (inaudible) On the Security Council resolution that passed Saturday, some have now raised a question about the US asking for that paragraph six, which exempts Americans, and, I guess, others, anyone that's not an ICC member, from referral and prosecution by the ICC. They say it undercuts international law-Brazil said it, now the head of the Rome Statute grouping of member states said it. Why did the US ask for that? And don't you see a downside to saying there's no impunity if you are excluding people from referral?
Ambassador Rice: No, I don't see a downside. As you well know, the United States is not a party and we have thought it important, if we were going to, for the first time, affirmatively support such a resolution, to make sure that is was clear the limitations as to who jurisdiction applied to. That's why we supported that phrase. Your assertion and that of others that somehow this provides a pass for mercenaries, I think, is completely misplaced. I don't think that the International Criminal Court is going to spend its time and effort on foot soldiers that have been paid small amounts of money by Qadhafi. They're going to focus on the big fish, so I think your interest was misplaced.
  Counting on the ICC not to prosecute a certain size of killer seemed and seems a bit strange. Watch this site.

 
  

On Syria ICC Draft, Inner City Press Asks Bensouda If Carve Outs Undermine International Justice, No Answer


By Matthew Russell Lee

UNITED NATIONS, May 13 -- When International Criminal Court prosecutor Fatou Bensouda came out of the UN Security Council at noon on May 13, Inner City Press asked her about the pending Franco-American draft resolution to refer some of the conflicts in Syria to the ICC.

  Specifically, Inner City Press asked Bensouda if the carve-outs, for the Golan Heights and Israel and for citizens of non-member nations of the ICC like the United States, actually undercut the perceived legitimacy of international justice.

  Inner City Press prefaced the questions with "maybe you won't answer this," and Bensouda answered, "You are right." But someone should answer it.

   Inner City Press asked questions on May 8. It was reliably informed that there has as yet been no discussion among the Permanent Five members of the Security Council about the draft; one member exclusively told Inner City Press, I don't think it will be passed.

  The issue also came up at the US State Department's May 8 briefing, where spokesperson Jen Psaki said the US supports the draft. She was asked about the occupied territory of the Golan Heights, but not about the full scope and cynicism of the carve outs.
  In 2011 when the Security Council referred the situation in Libya to the ICC, the US demanded and got a similar but narrowed carve-out (Libya has no Golan Heights and therefore no Israel issue). Even so, Brazil threatened to abstain based on the cynicism of the US carve-out, as Inner City Press covered here.
  So is the assumption that the current Elected Ten members of the Security Council are all less principled than Brazil in 2011?
  In the rush to make the US position seem principled or progressive, or newsworthy when a veto by Russia or China would make the whole charade an exercise in P3 feel-good while Assad reclaimed Homs, are these questions not even being asked?
  Needing this level of impunity shows a lack of confidence in the ICC. The message is, the ICC can be sicced on one's enemies, but only if one's friends are protected. The ICC is a tool.
  In terms of sourcing, if it is said that the US and France -- fresh off its stealth and non-admitted opposition to mere human rights monitoring in Western Sahara -- refused to comment on their game, who else could be the source? P3 minutes two equals what?
  Back in 2011, while publicly calling for an end to impunity, the US at a Council experts' meeting on the morning of February 26 demanded the following paragraph:
6. Decides that nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State.
  When the resolution was adopted later that day -- after Security Council ambassadors quietly attended a Chinese circus before the 8 pm vote -- Inner City Press asked French Ambassador Gerard Araud about the paragraph. (In 2014, Araud who is now slated to leave in July denied ever opposing human rights monitoring in Western Sahara, a position an African member of the Council during Araud tenure laughed at.)
  Of the Libay carve-out, applicable to the prospective Syria carve-out, Araud said in 2011, “that was for one country, it was absolutely necessary for one country to have that considering its parliamentary constraints, and this country we are in. It was a red line for the United States. It was a deal-breaker, and that's the reason we accepted this text to have the unanimity of the Council.”
  That day, Inner City Press was not called on to ask Ambassador Rice about the paragraph, and so wrote a story with Araud's quote and the paragraph.
On March 1, 2011 outside the UN General Assembly, Inner City Press managed to ask Rice:
Inner City Press: Can I ask you a question about the Security Council resolution? (inaudible) On the Security Council resolution that passed Saturday, some have now raised a question about the US asking for that paragraph six, which exempts Americans, and, I guess, others, anyone that's not an ICC member, from referral and prosecution by the ICC. They say it undercuts international law-Brazil said it, now the head of the Rome Statute grouping of member states said it. Why did the US ask for that? And don't you see a downside to saying there's no impunity if you are excluding people from referral?
Ambassador Rice: No, I don't see a downside. As you well know, the United States is not a party and we have thought it important, if we were going to, for the first time, affirmatively support such a resolution, to make sure that is was clear the limitations as to who jurisdiction applied to. That's why we supported that phrase. Your assertion and that of others that somehow this provides a pass for mercenaries, I think, is completely misplaced. I don't think that the International Criminal Court is going to spend its time and effort on foot soldiers that have been paid small amounts of money by Qadhafi. They're going to focus on the big fish, so I think your interest was misplaced.
  Counting on the ICC not to prosecute a certain size of killer seemed and seems a bit strange. Watch this site.