By Matthew Russell Lee
UNITED NATIONS, July 10 -- Does the International Criminal Court have jurisdiction over the entire UN Mission in the Congo, MONUSCO, or only the new Intervention Brigade?
On July 9 Inner City Press reported exclusively from a meeting involving the UN's outgoing Legal Council Patricia O'Brien, asking her about the Congo as well as Haiti.
O'Brien called the MONUSCO / Brigade distinction delicate, saying that the International Committee of the Red Cross has one view and others, another. But, she said, already revamped rules of engagement and rules for the treatment of captured combatants are being prepared.
On July 10, Inner City Press asked Secretary General Ban Ki-moon's spokesperson Martin Nesirky for the UN position on whether all of MONUSCO is covered by the ICC, and in that context about MONUSCO having wounded and captured four combatants outside Goma earlier in the day. Video here, from Minute 9:54.
Would the UN hand the prisoners over to the Congolese government? How do the rules of the Geneva Convention apply?
On the ICC, Nesirky noted that Inner City Press' story had quoted Patricia O'Brien, and “she is the Legal Counsel.”
Nesirky gave a read out of the skirmish: an “unidentified” group attacked the M23, which counter attacked. The fleeing still unidentified group shot at MONUSCO, which fired warning shots and then was forced to engage, wounding and capturing four.
On the question of the Geneva Conventions, Nesirky said the prisoners are still receiving medical treatment, the Geneva Conventions will be looked at afterward.
The question extends beyond the Congo. The situation in Mali has also been referred to the ICC -- and so, MINUSMA. So too the situation in Darfur, which UN Peacekeeping chief Herve Ladsous was recently bragging about a more aggressive approach by UNAMID, including the killing of an assailant and retention of the body.
On July 9, Inner City Press asked UK Permanent Representative Mark Lyall Grant about the Intervention Brigade being covered by the ICC. Lyall Grant replied, “@innercitypress Yes. As situation in DRC referred to ICC, any actions taken by anyone in DRC could be reviewed. IB not unique in that.”
On July 10, Inner City Press put the question to Permanent Representative Gerard Araud of France. He said on “your legal questions,” he'd have to asked French “legal experts and come back to you” with a response. Video here, from Minute 8:58.
The law seems clear, to the UN's lawyer and, among others, to the UK. But is it to France, and to Herve Ladsous of UN Peacekeeping?
A difficulty here is that Ladsous simply refuses to answer Press questions, see compilation video here. Eleven days ago, Inner City Press asked Ladsous' four spokespeople a simple question: whether MONUSCO has supported the Congolese Army units named in the Group of Experts report the full text of which Inner City Press exclusively put online on June 29. An answer was promised, 11 days ago. But since then, nothing.
Footnote: On July 9 at the UN, France's Minister for Human Rights François Zimeray promoted France's bid for the Human Rights Council, quoting unnamed others that France is “the country of human rights,” and by implication of the ICC. So getting France's answer to this question, including as regards MINUSMA in Chad, will be important. Watch this site.
