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On Syria, UNSC E10 Draft Drops Operative Paragraph 5, Russia Has Geographical Mix, Veto?

By Matthew Russell Lee

UNITED NATIONS, April 6 – After the deaths by chemical weapons in Syria, an open UN Security Council meeting was held on April 5. On the way in, Ambassadors including from the UK, Sweden and France spoke, video here.   On April 6, excluded from the process, both the P3 and Russian drafts below, Elected Ten members of the Council met inside the Council -- the glass door to the stakeout was improperly locked by the UN Secretariat -- and afterward Inner City Press reported and talked with several. One said the goal was to avoid a veto; another said it was to avoid exclusion from the process after being elected to the Security Council. Later, after the door was opened, Sweden's Olof Skoog said, "I was here with Hans Blix in 2003, of course I'm worried." Inner City Press looped video here, YouTube here. Others distinguish the two cases. Here is the E10 draft, which largely drops Operative Paragraph 5 and its content: "Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) ratified by the Syrian Arab Republic on 14 September 2013, and the Council’s resolutions 1540 (2004), 2118 (2013), 2209 (2015), 2235 (2015), 2314 (2016), and 2319 (2016),
Expressing its horror at the reported use of chemical weapons in the Khan Shaykhun area of southern Idlib in the Syrian Arab Republic on 4 April 2017 causing large-scale loss of life and injuries, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,
Noting the Organization for the Prohibition of Chemical Weapons (OPCW) has announced, in addition to its ongoing investigation, that its Fact Finding Mission (FFM) is in the process of gathering and analyzing information on this incident from all available sources and will report to the OPCW Executive Council,
Recalling that in resolution 2118 (2013) the Council decided that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons or transfer, directly or indirectly, chemical weapons, to other States or non-State actors and underscored that no party in Syria should use, develop produce acquire, stockpile, retain or transfer chemical weapons,
Recalling its determination that the use of chemical weapons in the Syria Arab Republic represents a threat to international peace and security,
1. Condemns in the strongest terms the reported use of chemical weapons in the Syrian Arab Republic, in particular the attack on Khan Shaykhun reported on 4 April 2017, expresses its outrage that individuals continue to be killed and injured by chemical weapons in the Syrian Arab Republic, and expresses its determination that those responsible must be held accountable;
2. Expresses its full support to the OPCW Fact Finding Mission, demands that all parties provide delay-free and safe access to any sites deemed relevant by the OPCW FFM, and, as applicable, by the JIM, to the reported incident in Khan Shaykhun in accordance with resolution 2118, and requests that the FFM report the results of its investigation as soon as possible;
3. Requests that the Secretary General make the necessary arrangements for the UN-OPCW Joint Investigative Mechanism to liaise closely with the Fact Finding Mission to expeditiously investigate any incident the FFM determines involved or likely involved the use of chemicals as weapons in order to identify those involved in accordance with the provisions of paragraph 5 of its Resolution 2235;
4. Recalls that in its resolutions 2118 and 2235 it decided that the Syrian Arab Republic and all parties in Syria shall cooperate fully with the OPCW and the United Nations including the Joint Investigation Mechanism;
5. Emphasizes that this includes the obligation upon the Syrian Arab Republic of complying with their relevant recommendations, by accepting personnel designated by the OPCW or the United Nations, by providing for and ensuring the security of activities undertaken by these personnel, by providing these personnel with immediate and unfettered access to and the right to inspect, in discharging their functions, any and all sites, and by allowing immediate and unfettered access to individuals that the OPCW has grounds to believe to be of importance for the purpose of its mandate, and decides that all parties in Syria shall cooperate fully in this regard; [op. 7 of op. 2118]
6. Requests the Secretary-General to report on whether the information and access described in paragraph 5 has been provided in his reports to the Security Council every 30 days pursuant to paragraph 12 of resolution 2118.
7. Recalls its decision in response to violations of resolution 2118 to impose measures under Chapter VII of the United Nations charter. "

  Again, Operative Paragraph 5 is out. But here's the Russian draft, with as telegraphed "balanced geographical representation," here: "Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) ratified by the Syrian Arab Republic on 14 September 2013, and the Council's resolutions 1540 (2004), 2118 (2013), 2209 (2015), 2235 (2015), 2314 (2016), and 2319 (2016),
   Expressing its deep concern regarding the alleged incident with the chemical weapons in the Khan Shaykhun area of southern Idlib in the Syrian Arab Republic on 4 April 2017 reportedly causing large-scale loss of life and injuries, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,
   Recalling that in resolution 2118 (2013) the Council decided that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons or transfer, directly or indirectly, chemical weapons, to other States or non-State actors and underscored that no party in Syria should use, develop, produce, acquire, stockpile, retain or transfer chemical weapons,
   1.Requests the joint FFM and the JIM investigative team to visit as soon as possible the site of the alleged incident in Khan Shaykhun and adjacent territories to conduct full-scale investigation using the whole spectrum of relevant methods, including the alternative information collection efforts and investigative skills, as was strongly recommended for such cases in the 4th and 5th JIM’s reports (para. 49 and para . 11 respectively).
  2. Demands all parties in the Syrian Arab Republic to secure in accordance with the resolution 2118 (2013) without any delay free and safe access for the joint FFM and JIM team to the site of the incident and adjacent areas;
  3. Requests the Director-General of the OPCW Technical Secretariat and the head of the OPCW-UN Joint Investigative Mechanism (JIM) to forward through the United Nations Secretary-General to the Council for its consideration their proposals on the personal composition of the joint team to be dispatched to the Idlib Governorate of the Syrian Arab Republic based on the principle of a broad-based and balanced geographical representation;
  4. Decides that the report of the joint FFM and JIM team should include all the evidences collected at the site of the incident and be provided to the Council for consideration;
   5. Decides to remain actively seized of the matter."

Earlier on April 6, a finalized draft had "gone into blue," with the sponsors saying there'll be a vote later in the day, after a 4:30 pm Peacekeeping review session, at around 7 pm. But Russia has requested another consultation, at 3 pm. Here's where is stands: "Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) ratified by the Syrian Arab Republic on 14 September 2013, and the Council’s resolutions 1540 (2004), 2118 (2013), 2209 (2015), 2235 (2015), 2314 (2016), and 2319 (2016), Expressing its horror at the reported use of chemical weapons in the Khan Shaykhun area of southern Idlib in the Syrian Arab Republic on 4 April 2017 causing large-scale loss of life and injuries, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,
Noting the Organization for the Prohibition of Chemical Weapons (OPCW) has announced, in addition to its ongoing investigation, that its Fact Finding Mission (FFM) is in the process of gathering and analyzing information on this incident from all available sources and will report to the OPCW Executive Council,
Recalling that in resolution 2118 (2013) the Council decided that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons or transfer, directly or indirectly, chemical weapons, to other States or non-State actors and underscored that no party in Syria should use, develop produce acquire, stockpile, retain or transfer chemical weapons,
Recalling its determination that the use of chemical weapons in the Syria Arab Republic represents a threat to international peace and security,

1. Condemns in the strongest terms the reported use of chemical weapons in the Syrian Arab Republic, in particular the attack on Khan Shaykhun reported on 4 April 2017, expresses its outrage that individuals continue to be killed and injured by chemical weapons in the Syrian Arab Republic, and expresses its determination that those responsible must be held accountable;
2. Expresses its full support to the OPCW Fact Finding Mission, demands that all parties provide delay-free and safe access to any sites deemed relevant by the OPCW FFM, and, as applicable, by the JIM, to the reported incident in Khan Shaykhun in accordance with resolution 2118, and requests that the FFM report the results of its investigation as soon as possible;
3. Requests that the Secretary General make the necessary arrangements for the UN-OPCW Joint Investigative Mechanism to liaise closely with the Fact Finding Mission to expeditiously investigate any incident the FFM determines involved or likely involved the use of chemicals as weapons in order to identify those involved in accordance with the provisions of paragraph 5 of its Resolution 2235;
4. Recalls that in its resolutions 2118 and 2235 it decided that the Syrian Arab Republic and all parties in Syria shall cooperate fully with the OPCW and the United Nations including the Joint Investigation Mechanism;
5. Emphasizes that this includes the obligation upon the Syrian Arab Republic to provide the JIM and FFM with the following and take the following steps:
(a) flight plans, flight logs, and any other information on air operations, including all flight plans or flight logs filed on April 4 2017;
(b) names of all individuals in command of any helicopter squadrons;
(c) arrange meetings requested including with generals or other officers, within no more than five days of the date on which such meeting is requested;
(d) immediately provide access to relevant air bases from which the JIM or the FFM believe attacks involving chemicals as weapons may have been launched
6. Requests the Secretary-General to report on whether the information and access described in paragraph 5 has been provided in his reports to the Security Council every 30 days pursuant to paragraph 12 of resolution 2118.
7. Recalls its decision in response to violations of resolution 2118 to impose measures under Chapter VII of the United Nations charter."
At the April 5 meeting, no vote was taken on the "P-3" draft resolution, which Inner City Press published below. Russia in the meeting identified things that would "have" to go in any draft they would agree to, including a geographic balance in investigators. Then US Ambassador Nikki Haley spoke, fast-transcribed below by Inner City Press, after two paragraphs from the Mission: "“There is an obvious truth here that must be spoken. The truth is that Assad, Russia, and Iran have no interest in peace. The illegitimate Syrian government, led by a man with no conscience, has committed untold atrocities against his people for more than six years. Assad has made it clear that he doesn’t want to take part in a meaningful political process. Iran has reinforced Assad’s military, and Russia has shielded Assad from UN sanctions. If Russia has the influence in Syria that it claims to have, we need to see them use it. We need to see them put an end to these horrific acts. How many more children have to die before Russia cares?...“When the United Nations consistently fails in its duty to act collectively, there are times in the life of states that we are compelled to take our own action. For the sake of the victims, I hope the rest of the Council is finally willing to do the same.”

Inner City Press fast transcription: "In the life of the UN there are times we are compelled to do more than just talk….
 
Yesterday’s attack bears all the hallmarks of the Assad regime’s use of chemical weapons. We know that yesterday’s attack was a new low, even for the barbaric Assad regime. Evidence…indicates Assad is using even more lethal chemicals than before…leaving men, women, the elderly and children gasping for their very last breath. As docs and nurses rushed to help, a second round of bombs rained down.
 
Just a few weeks ago…Russia chose to close their eyes to the barbarity. Russia cannot escape responsibility for this. If Russia had been fulfilling its responsibilities, there wouldn’t be any chemical weapons left for the Assad regime to use.
 
If nothing is done these attacks will continue.
 
 We regularly repeat tired talking points in support of a peace process….Russia uses the same false narrative to deflect attention from their allies in Damascus…Russia attempts to place blame on others….Assad, Russia and Iran have no interest in peace. The illegitimate Syrian gov…has committed untold atrocities for more than 6 years.
 
Iran has reinforced Assad’s military, and Russia has shielded Assad from UN sanctions. If Russia has the influence in Syria that it claims to have, we need to see them use it. How many more children need to die before Russia cares?
 
If we are not able to enforce resolutions preventing the use of chemical weapons, what does that say for our chances to end the Syrian conflict?
 
When the UN consistently fails in its duty, there are times we are compelled to take our own action. For the sake of the victims, I hope the rest of the Council is ready to do the same. The world needs to see the effect of chemical weapons and the fact that they will not be tolerated."

  Also in the meeting, Uruguay's Ambassador quoted Marlon Brando, "The horror, the horror." Back on April 4, the Ambassadors of the UK then Sweden called for an emergency Council meeting. Inner City Press video here. With the meeting then set for April 5, the night before the United States, UK and France circulated a draft resolution: "Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) ratified by the Syrian Arab Republic on 14 September 2013, and the Council’s resolutions 1540 (2004), 2118 (2013), 2209 (2015), 2235 (2015), 2314 (2016), and 2319 (2016),

 Expressing its horror at the reported use of chemical weapons in the Khan Shaykhun area of southern Idlib in the Syrian Arab Republic on 4 April 2017 causing large-scale loss of life and injuries, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,

Noting the Organization for the Prohibition of Chemical Weapons (OPCW) has announced, in addition to its ongoing investigation, that its Fact Finding Mission (FFM) is in the process of gathering and analysing information on this incident from all available sources and will report to the OPCW Executive Council,

 Recalling that in resolution 2118 (2013) the Council decided that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons or transfer, directly or indirectly, chemical weapons, to other States or non-State actors and underscored that no party in Syria should use, develop produce acquire, stockpile, retain or transfer chemical weapons,

 Determining that the use of chemical weapons in the Syria Arab Republic represents a threat to international peace and security,

1. Condemns in the strongest terms and use of chemical weapons in the Syrian Arab Republic, in particular the attack on Khan Shaykhun reported on 4 April 2017, expresses its outrage that individuals continue to be killed and injured by chemical weapons in the Syrian Arab Republic, and expresses its determination that those responsible must be held accountable;

 2. Expresses its full support to the OPCW Fact Finding Mission investigation and requests that it report the results of its investigation as soon as possible;

 3. Recalls paragraph 9 of resolution 2235 (2015), which requested the FFM to collaborate with the JIM to provide full access to all the information and evidence obtained or prepared by the FFM, and stresses that the JIM should begin to fulfill its mandate alongside the FFM as it seeks to determine whether the incident on April 4 2017 involved the use of chemicals as weapons;

 4. Recalls that in its resolutions 2118 and 2235 it decided that the Syrian Arab Republic and all parties in Syria shall cooperate fully with the OPCW and the United Nations including the Joint Investigation Mechanism;

 5. Emphasizes that this includes the obligation upon the Syrian Arab Republic to provide the JIM and FFM with the following:
 (a) flight plans, flight logs, and any other information on air operations, including all flight plans or flight logs filed on April 4 2017;
 (b) names of all individuals in command of any helicopter squadrons;
 (c) arrange meetings requested including with generals or other officers, within no more than five days of the date on which such meeting is requested;
 (d) immediately provide access to relevant air bases from which the JIM or the FFM believe attacks involving chemicals as weapons may have been launched

 6. Requests the Secretary-General to report on whether the information and access described in paragraph 5 has been provided in his reports to the Security Council every 30 days pursuant to paragraph 12 of resolution 2118.

 7. Recalls its decision in response to violations of resolution 2118 to impose measures under Chapter VII of the United Nations charter." Inner City Press will cover the meeting(s).

   As de Mistura trudges on with a short term UN extension, he did not say if he is applying to head the UN Development Program, and thus to move on from his Syria post. Inner City Press first reported that - and the interest of Sigrid Kaag, who blocks Inner City Press on Twitter, deemed fine by the UN's holdover Deputy Spokesman Farhan Haq.

 On March 8, before the US' April presidency of the Security Council, US Ambassador Nikki Haley was asked of Iran involvement in talks. She paused, then said there are some not at the table who should be. Watch this site.

 In Geneva for the Syria talks as in New York, the UN made a point of telling those with "temporary accreditation" that they could not get into the building after 7 pm, even with a stakeout scheduled for 6:30 pm. The Free UN Coalition for Access (FUNCA) objects to the UN's two-tier system for correspondents, which in New York meant for example that Inner City Press which covered Peru's President's meeting with Antonio Guterres was Banned from the area of the UN where he spoke to the media afterward. (But see this Periscope). Ban Censorship in 2017.

Even before February 25, multiple UN sources sounded a dissonant note to Inner City Press.

  As exclusively reported February 2, the sources had told Inner City Press that de Mistura is in fact angling to replace Helen Clark atop the UN Development Program or UNDP. (The UN Spokesperson's office, as usual, is in untransparent denial mode. Also in the mix are, among others, David Miliband, Segolene Royal and Bert Koenders - or even Sigrid "The Blocker" Kaag).

  Inner City Press first reported from its sources that seeking to replace de Mistura as UN Syria envoy is Sigrid Kaag, long time envoy in Lebanon. (We'd ask Kaag to confirm or deny, but again it turns out Kaag blocks Inner City Press on Twitter, click here to view: strange, for a publicly paid UN official.) We'll have more on this.

When de Mistura took questions on January 31, Inner City Press asked him among other things if the Trump administration's proposal for safe zones in Syria (and Yemen) had been discussed. Video here.

  No, de Mistura said, US Ambassador to the UN Nikki Haley hadn't raised it. Some wondered if that reflects the irrelevance to which the UN has sunk. We'll see.

***

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