At UN, Susan Rice is Asked About Obama Order for CIA in Libya: Were Council Resolutions & Members Skirted?

By Matthew Russell Lee

UNITED NATIONS, March 30 -- While the Obama administration argues that the UN Security Council resolutions on Libya provide the “flexibility” to allow arming of the rebels, a new question emerged on Wednesday.

After US officials told the press that Obama signed a finding two or three weeks ago authorizing Central Intelligence Agency activities in Libya, Inner City Press asked US Ambassador Susan Rice on camera if that complied with the UN resolution, and whether it was or should have been disclosed to other Security Council members.

Ambassador Rice said she would not comment on intelligence matters, that President Obama said yesterday he has “not made any decision” on arming the rebels, has not “ruled anything in or out” but is “considering all forms of potential assistnace to the opposition.”

Inner City Press began to ask as a follow up whether the US thinks that arming the rebels is permitted by the resolution or requires a ruling or new resolution. But Rice moved on to a question about the visa status of Miguel d'Escoto Brockmann, click here for that Inner City Press story.

Moments later off camera Susan Rice summoned Inner City Press and said that “we have not made any decision” about arming the rebels. She said she had not seen the story quoting US officials about Obama signing the finding allowing CIA action in Libya.

Russian Ambassador Vitaly Churkin told Inner City Press that the resolution do NOT permit arming the rebels, adding that the it “was the American who asked for the arms embargo.” How will he and other Security Council members react to the US officials' quotes about Obama authorizing CIA action in Libya, right while Security Council resolutions were being negotiated? Watch this site.

From the US Mission to the UN's transcript:

Inner City Press: There are reports that President Obama signed a finding allowing the CIA to assist the Libyan rebels. Does this in any way implicate the two resolutions, including the arms embargo in 1970 that was modified by 1973? Is this something that you disclosed to other Council Members? Does it raise issues under the various prohibitions of the resolutions?

Ambassador Rice: Well, first of all, obviously, as is longstanding U.S. practice, I’m certainly not going to comment on any intelligence matters. I will reaffirm what President Obama said yesterday which is that we have not made any decision about whether the United States will provide arms to opposition elements in Libya. We have neither ruled it in, nor ruled it out. We are considering all forms of potential assistance to the opposition from humanitarian, which we are already providing, to political and other forms of support.

At UN, Susan Rice of US Says d'Escoto Can't Represent Libya on a Tourist Visa

By Matthew Russell Lee

UNITED NATIONS, March 30, updated 6:50pm -- With former Nicaraguan foreign minister Miguel d'Escoto Brockmann scheduled to give a UN press conference on March 31 after Gaddafi's then foreign minister Musa Koussa nominated d'Escoto Brockmann as Libya's Permanent Representative to the UN, Susan Rice of the US late on March 30 threw cold water on the nomination and even the press conference.

Ambassador Rice announced that while d'Escoto Brockmann was born in the United States, he previously renounced his US citizenship. She said he is in the US on a tourist visa and, she argued, cannot represent any country at the UN on such a visa.

She questioned the validity of Koussa's letter, given reports that Koussa has defected from Libya, and said that even if it were valid, d'Escoto Brockmann would have to leave the US and re-apply for a G-1 visa.

By implication, such an application could be denied by the US -- despite its Host Country Agreement with the UN -- just as Koussa claimed the US denied a visa to recent nominee Ali Treki, who like d”Escoto Brockmann is a former President of the General Assembly.

Rice questioned why d'Escoto Brockmann is being allowed to hold a press conference in the UN, since he doesn't represent anyone.

To be fair, Inner City Press notes the following: other former PGAs, like Srjan Kerim, routinely come into the UN. In fact, former Libyan Permanent Representative Shalgam and his deputy Ibrahim Dabbashi are still allowed in on “courtesy” passes, and speak at the UN stakeout.

Many have asked Inner City Press if a country can be represented by a non-national. The ambassador of Palau, for example, is an American lawyer who represented the country as it applied to join the UN. (He is married to a woman from Palau).

During the General Assembly's budget votes in December, several countries were represented by non nationals, often New Yorkers who are drivers for their missions.

Inner City Press is told by UN sources that d'Escoto Brockmann was inside the UN building on March 30, in a UN TV studio doing a two way interview to Latin America. Does Ambassador Rice think that shouldn't have happened either?

Rice said that if d'Escoto purports to represent Libya while on a tourist visa, he'll find that visa status reviewed....

Update of 6:50 pm - now the UN's current Media Alert no longer lists any d'Escoto Brockmann press conference for March 31, it's said to be "postponed." Watch this site.

Letter from Gaddafi Minister Names d'Escoto Brockmann Libyan Envoy to UN

By Matthew Russell Lee

UNITED NATIONS, March 30 -- Miguel d'Escoto Brockmann, former Nicaraguan foreign minister and UN General Assembly President, has been named Libya's permanent representative to the UN in a letter from Gaddafi's foreign minister Musa Koussa, a copy of which Inner City Press has obtained.

Click here for letter in Arabic (PDF), here for Spanish translation by Nicaraguan government (Word).

UN deputy spokesman Farhan Haq told the Press at noon on March 30 that the UN had not received the letter. When Inner City Press asked him about Koussa's letter's statement that the US had denied a visa to Gaddafi's first replacement, Ali Treki, Haq said "ask the United States." Inner City Press has, without response.

Miguel d'Escoto Brockmann is a dual citizen of Nicaragua and the United States - he does not need a visa. And on March 31 he will hold a press conference, which Haq presented only in terms of Nicaragua and the GA, not Libya.

The stakes are now raised at the UN. Under customary procedure, d'Escoto Brockmann would be accepted as Permanent Representative replacing Shalgam. He could then enter and speak in the Security Council, as well as go and “clean out” the Libyan Mission to the UN on 48th Street of all those who renounced Gaddafi.

But these are not customary times. It is possible that Western “coalition” members and / or Secretary General Ban Ki-moon could push Musa Koussa's letter to the General Assembly's Credential Committee, as they recently did the case of Cote d'Ivoire. That would set a precedent. Watch this site.

In Haiti, UN's Deal for 2 Luxury Ships Led to $600,000 Loss, No Accountability

By Matthew Russell Lee

UNITED NATIONS, March 29 -- When the UN in Haiti rented two luxury ships to house its staff after the earthquake there, various UN officials told Inner City Press that it was a good use of UN money. The UN Development Program, for example, told Inner City Press that

“the UN needed to find quickly accommodations to handle the surge of UN personnel coming in to the country...The accommodations were procured by WFP for the benefit of the UN system. The cost recovery from WFP is being calculated.”

But now an audit by the UN's own Office of Internal Oversight Services has found that the UN system lost at least $600,000 on the deal that it had not recouped. Click here for the audit, see Page 13:

Special measures authorized for the crisis response in Haiti (AP2010/510/01).

“...the Organization had paid for services related to staff accommodation in a passenger ship, including $600,000 for fuel charges, which were not fully rendered or were discontinued during the contractual period. Owing to the nature of the contract, which had been based on an all-inclusive rate, there was unfortunately no legal basis for recovery of the amount by the United Nations.

The Department of Field Support explained that the hiring of the passenger ship had been an exceptional action for which there was a limited precedent within the Department and stated that it had made a record of the issues encountered, which would serve as lessons learned, to be applied to any future cases involving similar requirements.”

Pretty expensive lesson. We could have said and did say it from the beginning: for the UN system to rent The Love Boat sent the wrong message, and ended badly. But will there be any accountability? Watch this site.

On Cote d'Ivoire, UN Silent Until Asked about Ouattara's FRCI in Duekoue

By Matthew Russell Lee

UNITED NATIONS, March 28 -- As forces supporting Alassane Ouattara announced they have taken over the town of Duekoue and moving in on Guiglo, the UN in New York had Cote d'Ivoire announcements only about Abidjan: shelling by Gbagbo forces, stoning of UN vehicles, presumably by supporters of Gbagbo. What kind of reporting is this?

Inner City Press asked Secretary General Ban Ki-moon's spokesman Martin Nesirky if he could confirm the fighting in Duekoue and if, as he had just done in calling for both sides in Libya to stop shooting, the UN is watching, reporting on and calling for restraint by both sides in Cote d'Ivoire.

Nesirky pulled out a piece of paper and read that the UN Mission in Cote d'Ivoire, UNOCI or in French ONUCI, confirmed “fresh fighting” in Duekoue as the FRCI forces “continue to push forward.”

Nesirky made no comment on this “pushing” by Ouattara's Ivory Coast Republican Forces. Nesirky said that local people are seeking UN protection. From whom?

When the UN speaks of civilians displaced by fighting, it strongly implies that this displacement is entirely attributable to actions of Gbagbo supporters. But some are questioning that, saying that the one sided nature of the UN's reporting undermines its credibility. We are seeking further information.

Nesirky was also asked about the UN's investigation of the leak of the UN Mission in Cote d'Ivoire's military plans to use its attack helicopters. He confirmed there is an investigation, but wouldn't say more about it. One wag asked, could the UN have its own Bradley Manning? Watch this site.

On Libya, Ban Ki-moon 's Envoy Khatib Works in Jordan, Ruling Snubbed, Private Planes Demanded from UN

By Matthew Russell Lee

UNITED NATIONS, March 27, updated -- The ostensibly full time envoy to Libya of UN Secretary General Ban Ki-moon, Abdul Ilah Al Khatib, “does have some responsibilities still in Jordan,” Ban's acting deputy spokesman Farhan Haq told Inner City Press on March 25.

For week Inner City Press has asked the UN about Al Khatib still being paid as a Senator in Jordan and about his business interests including as a director of Jordan Ahli Bank which is a co top 20 owner of Union de Banques Arabes et Francaise with the Gaddafi controlled Libya Foreign Bank.

Now, Inner City Press has learned that after this questioning began, UN staff wrote to the UN Office of Legal Affairs seeking a ruling on Al Khatib's unprecedented double service. OLA, with Ban's top lawyer Patricia O'Brien not there, has rendered the obvious ruling, that such double service is not permissible for a staff member or UN Envoy.

Tellingly, Ban has yet to acting on the ruling by his legal department, the staff tell Inner City Press. Rather, as Haq belatedly put it on March 25, “because of the speed with which we felt the need to appoint an envoy, some of the terms of his contract are still being worked out.”

But these conflicts of interest were obvious before Ban offered Al Khatib the job, after being turned down by Lakhdar Brahimi and Kemal Dervis. Close observers say that while Al Khatib may not be able, particularly with these conflicts, to negotiate any less bloody outcome in Libya, he negotiated masterfully with Ban Ki-moon.

Once Ban publicly named Al Khatib as his envoy without getting any commitment to stop outside activities, Al Khatib has all the leverage. He is refusing to stop his activities, the sources say, and is in fact demanding that he remain based in Amman, Jordan.

Al Khatib wants UN staff assigned to him there -- already he “borrowed” a Jordanian spokesman from the Beirut-based UN Economic and Social Council for Western Asia, run by a Jordanian -- and demands to be met at airports and flown on private planes.

“Al Khatib is a great negotiator,” a well place source tells Inner City Press, “just not in or for Libya.”

With Al Khatib serving as a Senator in Jordan, protesters have recently been killed in that country. When Ban unveiled Al Khatib as his envoy at a tightly controlled press stakeout, Inner City Press asked, “What about Jordan?” The two men walked away from the microphone. Last week, Inner City Press was not allowed to ask Ban about Khatib. Watch this site.

Update: at the UN noon briefing on March 28, the day after the above was published, Ban's spokesman Martin Nesirky declined Inner City Press' request that he confirm or deny the OLA memo and that Khatib wants to be based in Amman and use only private jets.

Nesirky said that "some details are still being worked out" and he had "nothing to add to that." Now Ban is headed to London - no chance to ask him. Might Khatib fly there on a private jet?

At UN, Bamba of Cote d'Ivoire Takes 7 Questions on Video, France Partners with Nigeria, Invisible Commandos

By Matthew Russell Lee

UNITED NATIONS, March 25 -- At Friday's UN Security Council meeting on Cote d'Ivoire, the Ambassador sent by Alassane Ouattara to replace Laurent Gbagbo's Djedje spoke in the Council for the first time. Yousoufou “Joseph” Bamba, now Permanent Representative to the UN, came afterward to take questions on camera from Inner City Press. Click here for YouTube video.

Inner City Press asked Bamba a range of question, from comparisons to the military enforcement action in Libya to reported killings by Ouattara supporters and the lack of medicine in Abidjan due to EU sanctions.

Bamba did not dispute the impact of sanctions, saying only that if Ouattara were allowed to act as president these problems would not exist. He had said that the energy put into Libya, compared to that in Cote d'Ivoire, made up a form of “bias.” But he backed away from that.

In fact, as Russian Ambassador Vitaly Churkin walked into the Council for the meeting, he was asked about requests for more action by the UN mission in Cote d'Ivoire, ONUCI. “Another big war,” he said sarcastically. “Just what we need.”

Inner City Press conveyed Churkin's remarks to India's Permanent Representative Hardeep Singh Puri. who said, “You want another war? With clear objectives?”

In other comments, Bamba said that the helicopter ONUCI says Gbagbo forces are repairing is one of those destroyed by France in the past. He said that both Gbagbo and Ouattara have asked for International Criminal Court intervention and investigation.

France on Friday circulated a draft resolution including the ICC, new sanctions and a call for Gbagbo to leave. Despite saying it was a joint submission with Nigeria, the French draft does not include things that Nigeria and ECOWAS want, like authorization for intervention.

The back story is the while the French mission at the UN had intended to confer with South Africa on elements of a resolution, South Africa was not going to join in at least until the African Union meeting. Since President Nicolas Sarkozy had announced on Thursday night that France was drafting a resolution for Friday, a new partner had to be found. Whether this serves Nigeria is unclear. Watch this site.

UN Swing Space Blazes in Earth Hour, Fake Recycling Typifies Ban's UN

By Matthew Russell Lee

UNITED NATIONS, March 27 -- While the lights were turned out in the empty United Nations Secretariat building for “Earth Hour” on the night of March 26, office and entrance lights were blazing in the nearby buildings where the UN's work is actually done these days.

During its multi-year Capital Master Plan renovation, the UN has leased office space a block away on 42nd Street and Second Avenue, dubbed the “Luggage Building” or “Above the Liquor Store” for two of the ground floor co-tenants, the Albano Building on 46th Street between First and Second Avenues and elsewhere.

Between 9 and 9:30 pm on March 26, high Earth Hour while even New York's Times Square was largely dimmed, the Albano Building was lit up as on any other night. More visibly, out on a much traveled corner of 42nd Street, the UN's Luggage Building had many of its lights on.

The same was true at the UN's “FF Building” on 45th Street, and at 1, 2 and 3 UN Plaza on 44th Street, headquarters to, among others, UNICEF and the UN Development Program.

This is by no means the only way in which the UN under Secretary General Ban Ki-moon has failed to follow through on the Ban's loudly stated environmental claims, UN staff tells Inner City Press often on condition of anonymity, for fear of retaliation.

Earlier this month after being approached by numerous whistleblowers, Inner City Press asked Ban's spokesman Martin Nesirky for a response to staff complaints that while the garbage in the UN's Luggage Building is separated for recycling, eventually it is all mixed back together and not recycled.

From the UN's own transcript of March 18, 2011 (for what the UN did not transcribe, click here for video) --

Inner City Press: this may seem like a small thing, but the, the several UN staff members that work in what is called the Luggage Building, or whatever it is now being called on 42nd and Second have said that they have concluded after speaking to the Green Focal Point, etcetera, that there is no recycling in the building; that they put the recycling, that they are asked by the UN to put them in separate blue containers and that ultimately everything is put together and dumped. And they have said that they have raised this and have been told that the UN can’t do anything about it. I wonder, I mean, am not expecting you may be to respond from the podium, but they are pretty, they see it as sort of hypocrisy, and I just wonder, maybe, may you or whoever responds to these things can find out if that is the case and if so why it is acceptable?

Spokesperson: Well, let me look into that. I think it is in everybody’s interest to ensure that the recycling is available. Yeah.

Inner City Press: [inaudible] sort of making it appear that it was [inaudible].

Spokesperson Nesirky: As I said, as I said, I would need to look into it to find out what is behind this, if anything, and secondly, the main principle here is that recycling is obviously in everybody’s interest. Right, other questions? then I’ll come back to you, Matthew.

Inner City Press: Okay.

But more than a week later, Nesirky has yet to provide any response or information. The same stonewalling has been applied to higher profile issues like Ban's envoy to Libya Abdul Ilah Al Khatib being allowed to violate longstanding UN rules and the UN Charter by receiving pay from Jordan's government while ostensibly serving the UN.

A fish rots from the head: and then doesn't get recycled, in today's UN. Watch this site.

As US Doesn't Fund Slavery Memorial at UN, Tax Equalization Fund $100M Q-ed

By Matthew Russell Lee

UNITED NATIONS, March 25 -- To build at the UN a memorial to the Victims of Slavery and the Transatlantic Slave Trade, a committee is seeking to raise $4.5 million. So far the big donors are India with $260,000 and Australia with $100,000.

What about the United States, Inner City Press asked Ambassador Raymond Wolfe of Jamaica on Friday.

Ambassador Wolfe said he discussed the matter with US Permanent Representative Susan Rice but that she said the US Mission does not have money to make such contributions, it would have to go through Congress.

Inner City Press pointed out to Ambassador Wolfe that the US Mission and State Department recently allowed the UN to keep $100 million in US Tax Equalization Funds without any Congressional approval. Wolfe indicated he may look into that route.

Later in the Delegates' Entrance to the General Assembly, Wolfe and the Ambassador of Cameroon noshed on a sort of three bean salad and other Cameroonian specialties like dried bananas -- Inner City Press was told there's exploration of packaging for export. And so it goes at the UN.

At UN on Libya, France Dodges on Arming Rebels, Tales of Susan Rice in Her Absence, Bland Ban Ki-moon

By Matthew Russell Lee

UNITED NATIONS, March 24 -- After the UN Security Council's two hour meeting about its Resolution 1973 on Libya, among Council members only France's Gerard Araud came out to speak to the press. France alone has recognized the rebels based in Benghazi as Libya's government.

Inner City Press asked Araud if France believes it is legal under Resolutions 1973 and 1970 to provide weapons to the Benghazi based forces. Araud replied, “We implement the resolution to the letter.”

Of course that doesn't answer the question. Is France arming the rebels? Does it believe that it would be legal? If so, just say it.

Informed Council sources on Thursday described to Inner City Press what Susan Rice of the US said in the run up to adoption, with five abstentions, of Resolution 1973.

Rice said the US needed the “notwithstanding” exemption to the arms embargo if it needed to go into Libya with weapons if, for example, an American pilot were shot down.

But, the Council member told Inner City Press, it was not argued that the language permitted the arming of the rebels. Now France won't answer the question, and Rice is not at the UN.

Several journalists and other observers at the Council on Thursday wondered where Susan Rice was for this important meeting. An Obama administration critic told reporters Rice is “on vacation.”

Inner City Press notes, as for example Andrea Mitchell publicly has, a recent death in Rice's family. But other journalists pointed to a “blizzard” of press statements e-mailed out ostensibly from Rice about human rights in Iran, accompanied by Tweets. Inner City Press replied via Twitter asking for an explanation. If and when one is received, it will be reported -- and re-Tweeted.

Footnote: Ban Ki-moon spoke only briefly in the Council chamber, and held a highly controlled stakeout afterwards. No question were taken or allowed on whether and why Ban recognized Gaddafi as head of state while granting UN passes to Dabbashi and Shalgam, nor about his envoy Al Khatib being a current Jordanian senator, in presumptive violation of UN Charter and rules. Even so controlled, Ban said very little. There is grumbling. Watch this site.

UN Won't Answer on Pay to Khatib, Nor Q of Chile Housing for Bachelet

By Matthew Russell Lee

UNITED NATIONS, March 24, updated -- The UN's lack of transparency, particularly about outside payments to its highest officials appointed this year by Secretary General Ban Ki-moon, has hit a new low.

When Ban named Abdul Ilah Al-Khatib as his envoy to Libya, while he did not disclose that Khatib is a director of Jordan Ahli Bank which is a co top 20 owner of Union des Banques Arabes et Francaise with the Libya Foreign Bank, a 100% subsidiary of Gaddafi's Libya Central Bank, Ban did say that Khatib is a Senator in Jordan.

Beyond the banking connection, Inner City Press has now repeatedly asked for confirmation that Khatib is getting paid by the government of Jordan, and how that even possibly complies with the UN Charter which says UN officials must answer only to the UN.

Ban's spokesman Martin Nesirky told Inner City Press to “ask Jordan,” and on March 23 refused to even confirm if Khatib is an Under Secretary General. Nesirky and his deputy Farhan Haq have said that Khatib will file a financial disclosure with the UN. But this will not occur until March 2012. “Ask Jordan” indeed.

Ban's highest profile appointment has been of former Chilean president Michelle Bachelet to head UN Women. Ban took Bachelet on his recent trip, and she was also chased by protesters in Cairo's Tahrir Square.

But neither Ms. Bachelet, her agency or top spokespeople have been willing to answer a simple question that Inner City Press has for days submitted, to the agency, spokespeople and Ms. Bachelet herself:

“please confirm or deny that Ms. Bachelet receiving assistance or payment for housing or anything else from the government of Chile?”

Whistleblowing sources have informed Inner City Press that the same type of outside housing subsidy issues that Inner City Press uncovered with regard to the UN's last top lawyer Nicolas Michel, who received a housing subsidy from the Swiss government for a huge Park Avenue apartment, and that obtains to some other top Ban officials, applies to Ms. Bachelet.

So it seemed it should be easy to enough, to get a denial -- which the whistleblowing sources would then peruse -- or a confirmation and explanation. But a submission through the UN Women website resulted in no response at all, nor did an e-mail to Ms. Bachelet.

On March 23, the day Ban's spokesman Nesirky refused again to even say if Ban's Libya envoy Khatib is a UN Under Secretary General, much less paid by Jordan's government, Inner City Press redirected its question, now “on or over deadline,” to the spokesperson for UN Women constituent agency UNIFEM:

Hello -- I am re-sending to you this Press question I sent through UN Women's web site, and to [Ms. Bachelet's e-mail address] -- I'm now at (or over) deadline so need an answer -- please note that the request includes but is not limited to any housing assistance. Thanks in advance, -Matthew Russell Lee, Inner City Press

---------- Forwarded message ----------

Subject: Press question on deadline regarding any payments or assistance from Chilean gov't
Date: Mon, Mar 21, 2011 at 11:30 AM
From: Matthew R. Lee [at] InnerCityPress.com
To: [UN Women, Michelle Bachelet at] un.org

Hello. As a reporter here at UN HQ, I have a simple factual question. Can't find identify or e-mail address of a UN Women spokesperson on the UN Women web site so I send this directly to you, before today's noon briefing:

Can you confirm or deny that you receiving assistance or payment for housing or anything else from the government of Chile?

I have other questions about how UN charged with sexual abuse are disciplined by the UN system, which I've asked you before, but those questions can wait. The one above is on deadline. Thanks in advance, Matthew Russell Lee, Inner City Press

This resulted in a response that “Ms. Bachelet is best placed to answer your question, but she is... expected to return to NY in a few weeks time.” Here in fairness was the complete response:

Subject: RE: Press question on deadline regarding any payments or assistance from Chilean gov't to Ms Bachelet, thank you
From: oisika.chakrabarti [at] unwomen.org
Date: Wed, Mar 23, 2011 at 3:00 PM
To: Matthew R. Lee [at] innercitypress.com, scaddan [at] un.org, Nanette Braun [at] unwomen.org

Dear Matthew, Thanks for your e-mail. Ms. Bachelet is best placed to answer your question, but she is currently travelling abroad on work. She is expected to return to NY in a few weeks time. Thanks,

Oisika Chakrabarti

Media Specialist, UN Women

So the head of UN Women does not have e-mail? And Ban's spokesperson's office cannot find out what UN staff Ban conferred on Khatib? Some transparency, this. To be continued: watch this site.

Update: Inner City Press has most recently asked about this at the noon briefings of March 23 and March 24. On March 23:

Inner City Press: on Mr. [Abdul Ilah] Khatib, the last thing on this. Have you yet figured out whether he’s an Under-Secretary-General, is he a staff member? And is he being paid by the Government of Jordan?

Spokesperson Nesirky: We’ve addressed this…

Inner City Press: Is he an Under-Secretary-General or is he a staff member?

Spokesperson Nesirky: We’ve addressed this already. If we have anything further I’ll let you know.

Inner City Press: You didn’t answer what he is.

Spokesperson: If I have anything further I’ll let you know. Matthew, I said if I had anything further, I would let you know. Okay?

On March 24, Inner City Press read out UN Staff Regulation 1.2 (j) “No staff member shall accept any honour, decoration, favour, gift or remuneration from any Government,” and asked how it applies, to Khatib and the questions asked to UN Women. Nesirky this time said he would try to give a answer, then declared a question about antiquities as the last question, taking no more. Watch this site.

Due to US Libya ICC Loophole, Qatar, Ukraine & UAE Could Also Be Immune

By Matthew Russell Lee

UNITED NATIONS, March 23 -- When the UN Security Council referred the case of Libya to the International Criminal Court in its Resolution 1973, the United States demanded and got an exemption for citizens of countries which are not members of the ICC's Assembly of State Parties to the Rome Statute.

Inner City Press first reported on this loophole, then asked US Ambassador to the UN Susan Rice if it might allow certain possible war crimes to be exempt from the ICC referral. Rice responded that she doubted the ICC would go after “small” mercenaries.

But now, even of the first twelve countries which have provided notice to the UN under Security Council Resolution 1973, several beyond the United States are not ICC members. That is, if they dropped bombs on civilians -- even intentionally -- they would be exempt from any referral to or prosecution by the ICC, thanks to the loophole the US demanded for itself.

Both Arab countries which have provided notice, Qatar and the United Arab Emirates, are not members of the ICC, and therefore exempt from referral to the ICC. So too with Ukraine, which has provided notice (but see this other story).

The UK has claimed that Kuwait will soon be joining -- but it has not joined the ICC.

And while Turkey has said it will offer humanitarian help without providing UN notice, it is not a member of the ICC either.

What hath the US wrought? Watch this site.

At UN on Libya, Churkin of Russia Tells Western Spokesman Not to Spin the Press, "This Is Where Distortions Come From"

By Matthew Russell Lee

UNITED NATIONS, March 21 -- Outside the UN Security Council on Monday afternoon, a Western Council member's spokesman was telling reporters that as he had predicted, the Council had declined requests for any meeting about the military action in Libya until Thursday.

Russia's Ambassador Vitaly Churkin came out of the Council chamber and apparently heard this. He stopped on the steps up to street level, turned back and said, “I must say to that young man, the President of the Council is supposed to brief the media.”

He pointed at the Western spokesman and asked, “You are from which delegation?”

The Western spokesman answered. (Since these spokespeople say they are speaking on background, for now the answer is being withheld.)

Churkin continued, “Double check with your Ambassador. It's really impolite and rude. It's the President who is supposed to brief the media.”

After Churkin went upstairs, there was speculation about what had triggered the confrontation. On March 16, Churkin had complained about being portrayed as an obstructionist.

Inner City Press later on March 16 asked US Ambassador Susan Rice about what Churkin had said about Russia's ceasefire in Libya proposal. She said the proposal did not go far enough.

On March 21, Churkin came back. “Now we know where all the distortions come from.”

Inner City Press suggested to him that the Russian Mission's spokesman should brief the media more often.

While that seems to be the consensus among most of the stakeout press corps, others note that some delegation's spokespeople are more likely that others to tell reporters about other countries' positions, while demanding off the record treatment.

This happened during the first Council resolution on Libya earlier this year, when Portugal was accused off the record of being “weak” on the referral of the case of Libya to the International Criminal Court.

Later, reporters were urged to “ask Brazil” if they were making problems with the ICC referral. In fact they were, though not at the spinner had implied. Rather, Brazil objected to the US demanded carve out from the ICC referral for countries that are not members of the ICC: not only the US, but such countries as Algeria and Ethiopia, which are not members of the ICC.

“Now we know where all the distortions come from”? Oh that it were so. Watch this site.

As South Sudan Slams UNMIS for Flying Haroun, UN Drowns Out Critique

By Matthew Russell Lee

UNITED NATIONS, March 21 -- As the UN Security Council convened Monday afternoon about tensions in Sudan, Pagan Amum of Southern Sudan complained to Inner City Press about the UN Mission in Sudan not doing enough to counter destabilization by Omar al Bashir's National Congress Party, and even flying into Abyei on a UN helicopter NCP member Ahmed Haroun, indicted by the International Criminal Court for war crimes in Darfur.

Inner City Press has asked Secretary General Ban Ki-moon's spokesman Martin Nesirky for the UN's response to evidence made public by the SPLM, without response.

Likewise, Press questions about the specifics of and decision making behind UN flying ICC indicted war criminal Ahmed Haroun have yet to be answered.

While Amum was delivering this request for help and critique of UNMIS at the Security Council stakeout, Ban's spokesperson's office broken in on the public address system with a belated answer to a question asked over the weekend and at the noon briefing, effectively drowning out what Amum was saying.

And that... says it all. Watch this site.

Ban KiMoon Envoy to Libya Al-Khatib's Pay from Jordan Raises Press Questions at UN, Stonewalling Continues

By Matthew Russell Lee, Exclusive

UNITED NATIONS, March 20 -- When UN Secretary General Ban Ki-moon settled on Abdel-Elah Al-Khatib as his envoy to Libya, questions were raised by Inner City Press about Khatib's business dealings including as a director of Jordan Ahli Bank, which is a co top 20 owner of Union des Banques Arabes et Francaise along with the Libyan Foreign Bank, a 100% owned subsidiary of Gaddafi's Central Bank of Libya.

The UN has yet to address these conflict of interest, instead telling Inner City Press that Khatib will file a financial disclosure at some later date.

But now another problem that the UN should have foreseen and acted on has arisen. Inner City Press is told that Khatib still receives a salary from Jordan as a Senator. A person cannot work for the UN and receive money from a government at the same time. But Khatib insists he can, and Ban is in too deep, the sources say, to even try to enforce the UN rules.

When Ban unveiled Al-Khatib as his envoy, Ban did not mention or take questions on Al-Khatib's outside business, but did say that “he is now serving as a senator of Jordan.” That set off red flags, as the UN charter says that anyone working for the UN should not appear to be affiliated with a government.

That governments push their citizens with Ban and previous Secretaries General to get UN posts is one thing. But to be concurrently “serving as a senator in Jordan,” which is being protests, and be ostensibly representing the UN in Libya?

Ban was turned down by Lakhdar Brahimi and Kemal Dervis, neither of whom work for and receive pay from a government, before Ban settled on Al-Khatib.

Under Ban the UN has become a lawless place of opaque conflicts of interest, where topics on these questions are not answered, are even retaliated against. Watch this site.

From the UN's transcription of the March 16 noon briefing:

Inner City Press: Can I ask you, on Mr. Khatib, I just… I saw yesterday a clip in which they said he has a spokesman, Bahaa el-Kousy. Is it… is there a UN spokesman, UN staff member assigned to be his spokesman on this trip? Did he bring somebody in from… that he knows, do you know who this individual is?

Spokesperson Martin Nesirky: I believe this is someone from within the UN system. I can let you know. But this was simply to help to coordinate the Special Envoy’s media work while in the region.

Inner City Press: And is he a USG [Under Secretary General]? What is his position and compensation for this role?

Spokesperson Nesirky: Special Envoy; I’d need to check precisely what the rank is.

But Ban's spokesman's office has yet to provide any answers on Al-Khatib's post or pay or vetting. Without any answer from Ban's spokesperson's office, it's been learned that Bahaa Elkoussy is "UNIC Beirut Director" - we'll have more about UN system in Beirut soon.

From the UN's transcription of its March 11 noon briefing:

Inner City Press: On Mr. Al-Khatib, earlier this week I had asked whether his outside business interests in a Jordanian cement company, and in the bank, that actually he is co-owner of another bank with the Libyan Central Bank controlled by [Muammar al-] Qadhafi, whether these will be suspended during his service for the UN as an envoy to Libya. Is there an answer to that, given that he is [inaudible]…?

Acting Deputy Spokesperson Haq: No, not specifically to that. Just that he is a senior official, and just as with other officials of that rank, he would be required to fill out the standard financial disclosure. So, he will go through the same financial disclosure process as everyone else.

Inner City Press: On what time frame? Has he filled it out yet? Has OIOS [Office of Internal Oversight Services]…?

Acting Deputy Spokesperson Haq: He was only just appointed, Matthew!

Inner City Press: I understand, but it seems to raise possible conflicts of interest even as his service begins.

Acting Deputy Spokesperson: You don’t file a financial disclosure the minute you get appointed.

Inner City Press: That’s only the UN, that’s an official has to file a form after the person is already named?

Acting Deputy Spokesperson: If there is any particular conflict regarding Mr. Khatib, it would be incumbent on him to remove any particular conflicts before he begins work. However, in any case, any conflicts would be determined once he goes through the financial disclosure process, which he has to do, just as with any other senior appointment.

Question: A follow-up on that, follow up? There will be conflict of interest here. Someone going to Libya to mediate or work on the human rights issues and then he has interests in the regime, within the regime, if he is…

Acting Deputy Spokesperson Haq: That’s not proven; that’s just based on something that, a report that he is saying. No, no, like I said, if there is anything that poses a conflict of interest, it would be incumbent on him to remove that before he begins his work. He is going through the same sort of vetting process as anyone else, which includes of course, the financial disclosures. Yes?

No. Watch this site.