On Referring Gaza to the ICC, New UN Rapporteur Wibisono Tells Inner City Press He Doubts There Are Nine "Yes" Votes on UNSC

By Matthew Russell Lee

UNITED NATIONS, October 29 -- When the UN's new Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Makarim Wibisono, held a UN press conference on October 29, Inner City Press asked him if he is calling for referral of the situation to the International Criminal Court, as his follow Indonesian UN Rapporteur Marsuki Darusman is, with regard to North Korea.

   The question is about the mandate and scope of rapporteurs. Darusman at the end of his October 28 press conference discussed in the briefing room with scribes how a pending General Assembly resolution might be modified in exchange for him getting into North Korea, video here.

    Wibisono replied that the first step would be for the Palestinian parties -- that would be, Hamas and Fatah -- to unite and decide to apply to join the ICC.

   But, Inner City Press pointed out, North Korea is not a member of the ICC. Darusman is calling for the situation to be sent to the UN Security Council for a vote on referring it to the ICC.

   Wibisono's answer to the follow up did not mention the expected veto(es) - which could well be applicable to North Korea, but hasn't dissuaded Darusman or Japan or the European Union -- but instead said he doubted there are nine “Yes” votes in the Security Council to refer the situation in Gaza to the ICC.

   Would that remain the same after January 1, with Venezuela, Malaysia and Angola coming onto the Security Council, along with New Zealand and Spain? Watch this site.

   As the Palestine debate of the UN Security Council went on in the Council chamber on October 21, Inner City Press conferred with a range of Council sources about the pending draft resolution to set a time frame to end Israel's occupation.

Negotiations were held on the draft last week but only at the “expert” level, not of Permanent Representatives of the Council's 15 members. Supporters of the current draft, according to Inner City Press' sources, include China and Russia, Argentina and Chile, Chad and it was assumed Nigeria, although sources say Nigeria in consultations said they didn't yet have instructions.

France was described as more excited by the draft than either the US or the UK, as not have a problem with a time frame to end the Occupation but wanting unstated changes to the draft. France did not put forth amendments, a source told Inner City Press, guessing that France didn't want to “embarrass” the US Administration before the November mid-term elections.

The UK was described as less enthusiastic, but as somehow “softened” by the recent vote in Parliament favoring recognizing Palestine as a state.

Talk turned to the new members of the Security Council coming in on January 1, with Malaysia instead of South Korea seen as a shift in favor of Palestine as a state. (This reporter's Security Council elections coverage is collected here.) Angola and Venezuela are seen as supportive and “even Spain,” as one source put it to Inner City Press. But what about New Zealand? We'll have more on this. Watch this site.

   

On DPRK, UN Rapporteur Darusman Links Nukes & Rights, Chides Military Spending

By Matthew Russell Lee

UNITED NATIONS, October 28, updated with video -- When the UN's special rapporteur on human rights in the Democratic People's Republic of Korea Marzuki Darusman spoke at the UN on October 28, he said "given the intrinsic links between peace and security and human rights in the Korean peninsula, in my view this Assembly should also submit the report of the Commission of Inquiry to the Security Council for its deliberations and appropriate action."

  Inner City Press asked Darusman if, unlike his UN counterpart on Iran Ahmed Shaheed, he favored linking human rights to the nuclear issues, and if he considered the impact of sanctions on residents of North Korea.

  Darusman's answer was that the goal of taking it to the Security Council would be to seek a referral to the International Criminal Court, and also to put human rights into the Security Council.

  But human rights as an issue are already in the Security Council, as simply the most recent example in the October 27 discussion of the Democratic Republic of the Congo.

  Darusman went on to say that the issues are linked because North Korea's spending on arms meant that people went hungry. Some would say, though to different degrees, this applies to some other countries, too.

  Rough transcript: "The two objectives of referring the report to the SC is to have the council consider referral to accountability mechanisms, but also to finally secure a place for discussions on human rights within the security council. In the case of DPRK, the imagery we have is a country chronically unable to secure food for its population, but at the same time able to build up its military capability at the expense of denying the fundamental right to food. It’s a direct link between human rights denial and the security risks that come out of a military build up at the expense of a population unable to feed itself."

  After saying this, Darusman asked Inner City Press, does this answer your question? It didn't, particularly on the impact of sanctions -- but aware that other journalists wanted to ask questions, Inner City Press in the manner of the new Free UN Coalition for Access let other ask.

  By contrast, the head of the old UN Correspondents Association had the first question set-aside, asked an obvious question -- does North Korea want the ICC language out of the draft? -- then insisted on similarly following up. FUNCA opposes this.


Update: FUNCA is also for transparency, and more rather than less. Scribes clustered around Darusman asking about possible changes to the draft of the co-sponsors, Japan and the European Union. Darusman referred to changes that would have the same consequences, but might be more acceptable. Video here.

   The mood of most of Darusman's press conference was that he and the journalists were part of a team, with Darusman recounting for scribes to re-type what reclusive North Koreans said. Darusman didn't even know who he'd met with, or only four of the two attendees, Deputy Ri and Counselor Kim.

 He said he conveyed their comments to the General Assembly resolution's co-sponsors, contrary to Shaheed, who said he has no involvement in the draft resolution on Iran.

When Shaheed held his press conference at the UN on October 27, Inner City Press asked him for an update on what he had said about the effect of sanctions and banning of Iran from the SWIFT payments system which Inner City Press asked him about one year and three days earlier, 2013 here from Minute 12:29.

  On October 24, 2013, Shaheed had acknowledged that the banning of Iran from the SWIFT payments system had had an impact. On October 27, 2014, Shaheed said he believes Iran is still banned from SWIFT, but he had no update. Instead he said that humanitarian exemptions to sanctions are having successes. 2014 video here.

 But banning from SWIFT or "de-SWIFT-ing" is not a targeted sanction at all, and he did not mention any exemptions to it.

   Overall, Inner City Press asked Shaheed what impact he thought "the nuclear issue" and the P5 + 1 talks have on human rights in Iran.  Shaheed said he doesn't like linkage, but added that when there's focus on the nuclear issue, it takes away from the focus on human rights. 

  Last year Inner City Press obtained and exclusively published an internal OHCHR plan to take over the "rule of law" functions of the rest of the UN system, and the staffing of the Special Representatives on Children and Armed Conflict, Sexual Violence and Conflict, R2P and the Prevention of Genocide.What has happened on that? Are rapporteurs, like sanctions monitors, still not given any training or orientation by the UN?

Footnote: on October 27, the UN Correspondents Association which so often demands the first question be set-aside for it didn't even send anyone to Shaheed's press conference. One attendee said, it's defUNCA-ed, as in defunct, or de-UNCA-ed, like de-SWIFT-ed. The new Free UN Coalition for Access, present, did not try to brand the press conference, because there was no need. Watch this site.

 Follow @innercitypress Follow @FUNCA_info

At UN, Rapporteurs Run Wild, De Zayas on Richard Falk, Jean Ziegler, the Process in Geneva

By Matthew Russell Lee

UNITED NATIONS, October 29 -- Halfway through UN human rights rapporteurs week, with three press conferences a day ranging from Iran to democracy, North Korea to migration but excluding transnational corporations, it's time for a review.

Monday after Inner City Press asked Alfred de Zayas, the UN's "Independent Expert on the promotion of a democratic and equitable international order," about France controlling UN Peacekeeping four times in a row, a more in depth questions and answer was possible.

  Inner City Press asked de Zayas about the gloss that his mandate was created by Cuba, the blockade on which was being denounced by state after state on Tuesday morning.

 De Zayas said there was a yearly General Assembly resolution on the topic, and finally Cuba proposed a mandate and expert on the topic, which Jean Ziegler in mind.

But the way selections are made, he said, is by a group of five ambassadors (he named them), and one of them said no to Zeigler. And so de Zayas got the post at the last minute, with an OK from US Ambassador to the UN in Geneva Eileen Donahoe. The US is not favor the mandate. He will meet with the US Mission in New York this week (not with Samantha Power, he noted) and ask how they'd like to see the mandate used.

  After he got the mandate he was hounded, de Zayas said, for a book he wrote about German suffering and displacement in World War Two. Inner City Press on Monday asked obliquely for his views on the Nuremberg trials: not positive. Inner City Press put this in a story which de Zayas retweeted. He says he wants coverage; hence this story.

  All this is lower profile, he acknowledged, than Richard Falk. He described Falk at a gathering of UN rapporteurs, isolated, with the other rapporteurs not wanting to be seen as associated with him. But Falk is not concerned with that. (Inner City Press has previously reported on US diplomat Rick Barton joking about Richard Falk as his tennis partner. Small world.)

  Inner City Press asked de Zayas if the Office of the High Commissioner for Human Rights offers any training for rapporteurs. He said there is an "induction," two days in length, in which rapporteurs are told to "first do no harm" -- oh that the UN in Haiti had followed that advise, now in the time of cholera -- and to not needlessly antagonize governments. 

  Just do your work, de Zayas said the rapporteurs were told, and perhaps through time some good will come of it. Perhaps. We'll have more, deeper into Rapporteurs Week. Watch this site.

   

At UN on Sri Lanka, US War Crimes Ambassador Stephen Rapp Says Disappointed on Accountability, Watching As Pillay Set to Visit

By Matthew Russell Lee

UNITED NATIONS, June 11 -- When the US Ambassador at Large on War Crimes Issues, Stephen J. Rapp, appeared at the UN on June 11, Inner City Press asked him about accountability for war crimes in Sri Lanka, particularly four years ago in 2009. Video here from Minute 21:11.

  Rapp said that the US sponsored two resolutions at the UN Human Rights Council in March 2012 and March 2013 which "express our disappointment that provisions of the Lessons Learnt and Reconciliation Commission haven't been implemented, in regard reconciliation... between Tamil and major communities in Sri Lanka and particular disappointment on accountability for the alleged grave atrocities near the end of the conflict on both sides."

  With UN High Commissioner for Human Rights Navi Pillay now scheduled to visit Sri Lanka, Rapp said that the most recent resolution invites Pillay "and the Special Rapporteurs to work with" Sri Lanka's Rapapaksa government "to overcome these deficits."

  Rapp said the US will be "watching that very carefully" to decide what steps are necessary. Video here from Minute 22:57.

  Inner City Press has begun inquiring with Indian diplomats at the UN about the possible appointment by Manmohan Singh of a special envoy on devolution in Sri Lanka, based on India's role in the 13th Amendment in 1987. We hope to have more on this soon. Watch this site.

At UN, Expert Heyns Tells ICP of Legal Flaws of Drones and US Sales

By Matthew Russell Lee

 

UNITED NATIONS, October 25 -- US drone strikes in Yemen and Somalia are problematic, the UN system's Special Rapporteur on extrajudicial, summary or arbitrary executions Christof Heyns told Inner City Press at Thursday afternoon at the UN. Video here, from Minute 31:50.

 

Along with a question on execution in Sri Lanka, Inner City Press asked Heyns about drone strikes, as it had last week asked US State Department official Harold Koh. Heyns answer was different than Koh's, and made different points than fellow Rapporteur Ben Emmerson.

 

Heyns told Inner City Press that he (and Emmerson) will submit a report on drones "next year to the [UN] General Assembly in October." He said while "the use of a drone is not inherently illegal... in Yemen, Somalia and so forth it is problematic, outside the theater of war."

 

Inner City Press has also asked about Pakistan, but Heyns did not mention it by name. He continued that "the inherent nature of drone, far away from where there is a military conflict taking place" raised two issues "when you look at the defense by US officals" like Koh.

 

Heyns summarized that US defense as "it's an act of self-defense, so the normal rules of international humanitarian law don't apply." He said, "that's wrong -- first ask if entitled to self-defense, then ask if comply with international humanitarian law."

 

He said, "the largest problem is tartgeting individuals who are not direct participants. There is a general requirement they be an immediate threat, enemy combattants or those participating in hostilities... Mere membership is not enough."

 

He concluded that beyond the US' own use, "the US agreed sell to 66 countries, maybe 70 states already have drones.. there's the specter of collateral damage anywhere."

 

Click here for Heyns' answers to Inner City Press on Sri Lanka; click here for US official Harold Koh's answers to Inner City Press on drones. Watch this site.

On Sri Lanka, Heyns on 40,000 Dead and Video Half-Shown in UN, UPR

By Matthew Russell Lee

 

UNITED NATIONS, October 25 -- The UN system's Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions has inevitably dealt with Sri Lanka for some years, given the mandate.

  Inner City Press on October 25 asked Christof Heyns what he has done, to follow up on his predecessor Philip Alston's work on video footage of executions, and otherwise. Video here, from Minute 32:25.

 

Alston deemed the executions video authentic, in a session in the UN's Dag Hammarskjold Auditorium. Heyns on Thursday told Inner City Press that he followed up on new video which came out after he took up the mandate in 2010, and subsequently appeared "in the Channel 4 documentary."

  That was never shown in the UN's Dag Hammarskjold Auditorium, while the government's purported rebuttal to it was.

 

Heyns said, "in the meantime as you know the Secretary General's panel reported that up to 40,000 people were killed in the last days of the war." This is a figure that whenever used, push-back and vitriol results. But that's what Heyns said. Video here, from Minute 37:45.

 

While there is a so-called Universal Periodic Review coming up at the Human Rights Council in Geneva with a mere 72 seconds per speaker, Heyns looked forward to "next March, 2013" when the "High Commissioner needs to report back. The issue is again on the table."

  Heyns said that this year's HRC resolution "requests Sri Lanka to engage with special procedures on a road map dealing with reconciliation and dealing with the past."

  Earlier on October 25 Inner City Press asked the Special Rapporteur on Freedom of Religion or Belief Heiner Bielefeldt about Sri Lanka. He said there are "religious elements" to conflicts and spoke of "national mythologies," seeing "the Other as acting in the interest of a colonial power." He said the UN should "have witnesses planted in those areas." He mentioned the UPR, without mentioning it's only 72 seconds per speaker. Video here, from Minute 32:54.

 

While it may be unlikely that Bielefeldt will visit Sri Lanka, Heyns said "I am willing to go, the same applies to other mandates as well." He said "the reconsideration next March is important." He called Sri Lanka's "one of the largest reported killings in the world in recent times" that has yet to be "sufficiently dealt with."

  But with Ban Ki-moon's view of accountability, as not requiring punishment of anyone, what will the UN do? For now, it looks like the report prepared by Charles Petrie as he set sail to Myanmar will be buried. Watch this site.