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UN Preaches Rule of Law But Immune on Haiti Cholera, Srebrenica, Injuries

By Matthew Russell Lee

UNITED NATIONS, July 6 -- As the UN on Wednesday promoted a “Rule of Law Indicators” implementation guide, questions about the UN's own compliance with the rule of law arose.

   Given recent confirmation that the UN peacekeepers brought cholera into Haiti, and this week's court decision finding liability for Dutch troops in Srebrenica, with the UN still claiming immunity, Inner City Press asked, how can the UN preach to countries about the rule of law? 

  Dmitry Titov of UN Peacekeeping called it a “big legal question,” on which he'd defer to Ivan Simonovic, Assistant Secretary-General of the Office of the High Commissioner of Human Rights.

  Simonovic said that the purpose of immunity is so that diplomats are not “harassed.” He referred to the film “The Whistleblower” -- but said “however this does not mean that there should be more privileges and immunities abandoned because they serve certain purposes for the UN.” Video here, from Minute 30:26.

   Yes: they give the UN impunity. Liability to Haitians for cholera is not “harassment,” it would be accountability. Earlier on Wednesday Inner City Press asked the head of UN Women Michelle Bachelet about charges that Egyptian UN peacekeepers in South Kordofan in Sudan were involved in sexual abuse of women in Kadugli. Bachelet said UN Women, with three offices in Sudan, checked into it “on the ground” but did not find evidence.

  But how much did the UN, or UN Women, speak with SPLM-North, whose AL-Hilu has taken to writing letters directly to the Egyptians, bypassing the UN which has given no answers, with questions about the Egyptian peacekeepers' involvement with government militias? Rule of law indeed.


Long shot at rule of law, workplace injury in UN garage 7/6/11 (c) MRLee

Footnote: later on July 6 Inner City Press witnessed a workplace injury at the construction site in the UN between the Security Council and briefing room, in the garage. A stretcher was brought from far away within the UN complex, to replace FDNY ambulances which are generally not even allowed into the UN. “There were no safety officers there,” another witness later complained to Inner City Press. Could the construction worker, if necessary, sue the UN for negligence? Or is there no rule of law at the UN?

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As Peacekeepers at Srebrenica Found Liable, UN Is “Studying the Ruling”

By Matthew Russell Lee

UNITED NATIONS, July 5 -- After UN peacekeepers from The Netherlands allowed mass murder at Srebrenica, immunity has repeatedly been invoked to avoid responsibility. But now that a Dutch court has pierced that veil, what does the UN have to say? So far, nothing.

   At the end of May when Ratko Mladic was arrested, the Security Council's press statement on the arrest was delayed for ten hours, which sources attribute to an attempt to omit a reference to Srebrenica from the statement (click here for Inner City Press' story at the time.)

  On July 5, Inner City Press asked UN spokesman Martin Nesirky:

Inner City Press: do you have any comment on this Dutch court decision on Srebrenica, which has now found an appeals in the Netherlands has found that Dutch UN peacekeepers at the time, you know, liable and responsible for the death of people under their protection? Some people are saying based on this decision they are going to reopen the immunity of the UN in the case. What’s the UN’s view of that decision?

Spokesperson: Well, we’re obviously aware of the court’s ruling, and clearly we want to study the entire ruling in detail. And that is something that we are in the process of doing.

  Hearing nothing back from the UN Spokesperson's Office -- top UN lawyer Patricia O'Brien refuses to answer questions from the press -- Inner City Press later on Tuesday sought out UN staff present in the Balkans at that time.

  They explained that the road by Srebrenica was used by Serb forces to get to a bauxite mine. Facing some sniper fire, it was clear that an attack from then would come. Why did the UN then do, or not do, what it did? We are waiting for the UN spokesman's answer.

Footnote: The Bosnian Mission to the UN tells Inner City Press that its minister will be in Washington for a Srebrenica anniversary ceremony on July 11 and in New York the next day, across the street from the UN. We'll be there.
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UN Admits 2d Flight of ICC Darfur Indictee Haroun to Abyei in Sudan, Impunity

By Matthew Russell Lee

UNITED NATIONS, March 4, updated -- The UN has for a second time offered a free UN flight in Sudan to Ahmed Haroun, under indictment by the International Criminal Court for war crimes in Darfur, the UN admitted Friday in response to questions from Inner City Press.

  On March 3 the UN Security Council met about renewed fighting in the disputed Abyei region. Back in January, Inner City Press got the UN to acknowledge they had flown ICC indictee Haroun from South Kordofan, where he serves fellow ICC indictee Omar al Bashir as governor, to Abyei.

  The UN has defended this controversial flight by saying that Haroun and Haroun alone could stop violence in Abyei. The UN never explained why the government of Sudan, which has an air force currently bombing civilians in Jebel Marra in Darfur, couldn't itself fly Haroun.

The UN said it was a scheduled flight, then UN Mission in Sudan chief Haile Menkerios admitted to Inner City Press that it was a special flight. Inner City Press is told such flights cost $40,000, and the UN has confirm no reimbursement has been sought from the Bashir government.

But now the violence has continued, making the UN flight of ICC indictee Haroun harder to justify even by the UN's own argument.

  March 3 in front of the Security Council, Inner City Press asked Council president for March Li Baodong of China if the UN Peacekeeping official who briefed the Council, Atul Khare, had mentioned if Haroun would again be flown in a UN helicopter. Li Baodong did not directly answer.

At the March 4 UN noon briefing, Inner City Press asked Secretary General Ban Ki-moon's spokesman Martin Nesirky to confirm or deny that that the UN would once again fly ICC indictee Haroun to Abyei, even now that his work in connection with the first flight has proved ineffective.

Nesirky said he would check. Ten minutes later, Nesirky's deputy Farhan Haq announced by speaker to all UN correspondents that yes, Haroun attended today's meeting in Abyei, and yes, “he was transported” by the UN.

  This UN promotes impunity, even for one of the few people indicted for war crimes by the ICC. Meanwhile Ban Ki-moon brags about the Security Council's partial referral of the situation in Libya to the ICC -- a referral that Ban Ki-moon did not even call for until after the Council voted to make the referral.

  This UN is promoting and enshrining lawlessness, with no transparency or accountability. Watch this site.

Update of 3:48 pm -- Human Rights Watch, via Richard Dicker, submitted this comment:

This is the second time in recent weeks the UN has transported Ahmed Haroun who is charged by the ICC with war crimes in Darfur. We have real concerns because the U.N. should not be in the business of transporting Haroun. There needs to be an extremely high threshold of urgency for such action by UNMIS.”

Responses have been sought from the Missions to the UN of France, the UK and the US, with the latter two asked if they knew in advance of the UN's new flight of ICC indictee Haroun. Given her statements this year about social media, & after hours of non-response by the US Mission to the UN,@AmbassadorRice has been asked directly as well. Watch this site.

Update of 4:30 pm -- Then this, from UK Mission to the UN spokesman Daniel Shepherd:

As spokesperson, I would only reiterate the message that my two Ambassadors have both said on the record (and published by Inner City Press) first time around: that we aren’t going to second guess how UNMIS fulfills its mandate to provide good offices to the Comprehensive Peace Agreement (CPA) parties in efforts to resolve differences through dialogue and negotiations. I’d only add that this work is particularly important at this sensitive time, to contain any potential escalation after the recent Abyei violence.”

We could note again that violence has persisted despite the UN flying ICC indictee Ahmed Haroun in the first time, and that it is the role of UN member states to oversee the UN Secretariat, not to defer in this case to what some see as its promotion of impunity - but at least the UK would put its position on the record.

Update of 4:43 pm -- this too has come in, perhaps in response:

Date: Fri, Mar 4, 201
Subject: Haroun and Abyei
To: Matthew.Lee [at] innercitypress.com

You guys ask great questions! Have you noticed perhaps that the United Nations seems to be unaware of who is causing the violence in Abyei. And yet "diplomatic sources" report seeing the burial of 33 bodies - all southerners.

The Arab nomads say the violence started when SPLM police shot at them (Hitler used a similar ploy to invade Poland) - and today thousands of civilians fled Abyei fearing another crisis like in June 2008. The Dinka Ngok villages north of Abyei, such as Maker, have been burnt to the ground. The end explains the means. There is a creeping ethnic cleansing going on in the Abyei region despite the agreements of 2005 and the Court of Arbitration ruling in 2010.

Why fly Haroun to Abyei - what is his cv? It is, as you correctly point out, that of arming arab militias to burn villages. I hope to see more of your questions pinning the UN to the responsibility to protect.

Click for Mar 1, '11 BloggingHeads.tv re Libya, Sri Lanka, UN Corruption

Click here for Inner City Press' March 27 UN debate

Click here for Inner City Press March 12 UN (and AIG bailout) debate

Click here for Inner City Press' Feb 26 UN debate

Click here for Feb. 12 debate on Sri Lanka http://bloggingheads.tv/diavlogs/17772?in=11:33&out=32:56

Click here for Inner City Press' Jan. 16, 2009 debate about Gaza

Click here for Inner City Press' review-of-2008 UN Top Ten debate

Click here for Inner City Press' December 24 debate on UN budget, Niger

Click here from Inner City Press' December 12 debate on UN double standards

Click here for Inner City Press' November 25 debate on Somalia, politics

and this October 17 debate, on Security Council and Obama and the UN.

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These reports are usually also available through Google News and on Lexis-Nexis.

Click here for a Reuters AlertNet piece by this correspondent about Uganda's Lord's Resistance Army. Click here for an earlier Reuters AlertNet piece about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund.  Video Analysis here

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