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Tillerson letter on UN Human Rights Council

Secretary of State Rex Tillerson letter to nine UN advocacy and human rights organizations:

Thank you for your letter of February 9 regarding U.S. engagement at the UN Human Rights Council

We continue to evaluate the effectiveness of the UN Human Rights Council. We may not share a common view on this, given the make-up of the membership. While it may be the only such organization devoted to human rights, the Human Rights Council requires considerable reform in order for us to continue to participate. Your active engagement with the UN would be most helpful.

In the meantime, the United States is engaged at the 34th session of the Human Rights Council, now underway in Geneva, to pursue our priority objectives. U.S. priorities at this session include renewing the International Independent Commission of Inquiry on Syria; renewing the mandates of the special rapporteurs on Iran, the Democratic People's Republic of Korea, Burma, torture, and freedom of expression; renewing the Commission on Human Rights in South Sudan; ensuring continued UN assistance to promote accountability in Sri Lanka; maintaining respect for freedom of religion or belief and support for ongoing efforts to combat religious intolerance; and reiterating our strong, principled objection to the Human Rights Council's biased agenda item against Israel. As always, we support and defend the ability of civil society to participate in the activities of the Human Rights Council and to use that platform to bring human rights problems in their home countries to the collective attention of the council

I appreciate the continued close engagement and cooperation between U.S. civil society organizations and the Department of State, including our engagement at the United Nations.

columlynch

UN Secretary General Spox, Farhan Haq, on alleged retaliation against Lena Sinha.

The staff of the Deputy Secretary-General encouraged UNDP to consider her for suitable positions and raised the harm that could come from any perception that UNDP was not hiring her because of her work on the report. As you know, the report, and the Human Rights Up Front initiative that resulted from it, calls on staff members to speak up, and on the Organization to stand by those who do.

UN Secretary General Spox, Farhan Haq, on alleged retaliation against Lena Sinha.

The staff of the Deputy Secretary-General encouraged UNDP to consider her for suitable positions and raised the harm that could come from any perception that UNDP was not hiring her because of her work on the report. As you know, the report, and the Human Rights Up Front initiative that resulted from it, calls on staff members to speak up, and on the Organization to stand by those who do.

columlynch

Ban criticizes saudi executions

Statement attributable to the Spokesman for the Secretary-General on executions in Saudi Arabia The Secretary-General is deeply dismayed over the recent execution by Saudi Arabia of 47 people, including the cleric Sheikh Nimr Baqir al-Nimr, as announced on 2 January by the country’s Interior Ministry. Sheik al-Nimr and a number of the other prisoners executed had been convicted following trials that raised serious concerns over the nature of the charges and the fairness of the process. The Secretary-General had raised the case of Sheikh al-Nimr with the leadership of the Kingdom of Saudi Arabia on a number of occasions. The Secretary-General reiterates his strong stance against the death penalty. He points to the growing movement in the international community for the abolition of capital punishment and urges Saudi Arabia to commute all death sentences imposed in the Kingdom. The Secretary-General also calls for calm and restraint in reaction to the execution of Sheikh Nimr and urges all regional leaders to work to avoid the exacerbation of sectarian tensions. He deplores the violence by demonstrators against the Saudi Embassy in Tehran. New York, 2 January 2016

Ban criticizes saudi executions

Statement attributable to the Spokesman for the Secretary-General on executions in Saudi Arabia The Secretary-General is deeply dismayed over the recent execution by Saudi Arabia of 47 people, including the cleric Sheikh Nimr Baqir al-Nimr, as announced on 2 January by the country’s Interior Ministry. Sheik al-Nimr and a number of the other prisoners executed had been convicted following trials that raised serious concerns over the nature of the charges and the fairness of the process. The Secretary-General had raised the case of Sheikh al-Nimr with the leadership of the Kingdom of Saudi Arabia on a number of occasions. The Secretary-General reiterates his strong stance against the death penalty. He points to the growing movement in the international community for the abolition of capital punishment and urges Saudi Arabia to commute all death sentences imposed in the Kingdom. The Secretary-General also calls for calm and restraint in reaction to the execution of Sheikh Nimr and urges all regional leaders to work to avoid the exacerbation of sectarian tensions. He deplores the violence by demonstrators against the Saudi Embassy in Tehran. New York, 2 January 2016

Readout of the Secretary-General's telephone call with François Hollande, President of France

The Secretary-General called the President of France, François Hollande, this morning, to present his condolences to the families of the victims of the 13 November terrorist attacks in Paris, as well as to the Government and people of France. He reiterated his condemnation of these attacks.

The Secretary-General also commended France’s determination and active role in mobilising the international community to counter the grave threat of international terrorism. He underlined that many refugees were themselves fleeing extremism and terrorism and stressed the importance for France and Europe to continue to treat refugees and migrants with compassion and to respect their rights.

New York, 18 November 2015

Bernardino Leon responds to NYT piece on new employer UAE role in Libya

Note to correspondents—statement by the Secretary-General’s Special Representative in Libya, Bernadino León I am aware of the report today in the New York Times about Libya and alleged activities in contravention of United Nations Security Council resolutions. In light of this report, I have decided to request a full clarification of the issue, including from the United Arab Emirate (UAE) authorities, as I take time to reflect on the next steps in my professional career. During the last year, I have worked very closely with the most senior officials of countries previously alleged to have been involved in the Libyan conflict. It has been my conviction over the past year that countries such as the UAE, Qatar, Turkey and Egypt have consistently supported UN peace efforts, and that their leaderships understood that the only option for Libya is the agreement and unity government elaborated with many Libyan actors and proposed recently. Their statements and constructive and active participation in the political process has been appreciated by all the Libyan representatives. Given the inaccurate or false information we have seen in previous months regarding the process in Libya and the UN and my role, I believe it is imperative to be extremely cautious about the most recent reports. This is the most critical moment for peace in Libya. I encourage all Libyans to continue to work and finalize their efforts and not to be driven by any other consideration than the national interest. As Special Representative of the Secretary-General, my work in the last year has been to build trust and lay bridges between the parties in the conflict and articulate a sustainable political solution, through consensus and inclusion, in order to restore governance and peaceful coexistence in the country. For this reason I consider nothing is more important than full compliance with United Nations resolutions. The reports in the media are allegations that have not been verified. The authorities and government of the UAE have the right and deserve the opportunity to clarify them, as I am confident they will do. I am currently finalising my role as SRSG, but will always be engaged with the United Nations and its principles, and will always be at the disposal of the Organisation and its Secretary-General for any issue related to this dossier or any other. Peace, stability and an end to the suffering of the Libyan people are my main priority and commitment. 12 November 2015

UNDER-SECRETARY-GENERAL FOR HUMANITARIAN AFFAIRS AND EMERGENCY RELIEF COORDINATOR, STEPHEN O'BRIEN

STATEMENT ON YEMEN

I am deeply disturbed by the news of civilians being killed by coalition air strikes that hit a wedding party in Yemen's Dhamar Governorate yesterday. The Ministry of Public Health and Population reports that at least 47 civilians were killed, and 35 injured, among them many women and children.

Once again we are seeing the devastating impact of explosive weapons – used by all parties – in this conflict. Some 4,500 civilians have reportedly been killed or injured by explosive weapons in Yemen during the first seven months of this year: that is more than in any other country or crisis in the world during the same period.

International humanitarian law very clearly sets out the responsibilities of warring parties to protect civilians and to take every possible measure to avoid damage to homes and other civilian structures. With modern weapons technology there is little excuse for error.

Ninety-five per cent of the Yemeni people killed or injured by explosive weapons in towns or cities were civilians, according to a recent report, and more than half of all the air strikes occurred in towns or cities, often in densely populated areas, resulting in very high numbers of civilian casualties.

I call for a swift, transparent and impartial investigation into this incident. Real accountability for parties to conflict, whether they are States or non-State armed groups, is urgently needed, to ensure that the commitment under international law to protect civilians is meaningful.

8 October 2015 New York

Kind regards, Amanda

Under-Secretary-General and Emergency Relief Coordinator Stephen O’Brien

Statement on Afghanistan

(New York, 3 October 2015): I condemn the bombing overnight in Kunduz, Afghanistan that resulted in the death and injury of medical workers and patients at a Médecins Sans Frontières hospital. I extend my deepest sympathies to the families of those killed and injured.

Hospitals and medical personnel are explicitly protected under international humanitarian law. All parties to conflict must do everything in their power to distinguish between military and civilian targets, including medical facilities.

Hospitals and clinics should be sanctuaries where people, including women and children, go for help. Attacking a hospital not only has a devastating immediate impact but denies people the opportunity to access lifesaving healthcare in the future. I support calls for an urgent and impartial investigation to ensure accountability.

This horrific bombing demonstrates the disproportionate risk for civilians when explosive weapons are used in urban areas. I call on all parties to refrain from using explosive weapons or conducting aerial bombardments in densely-populated places.

I commend the courageous work of MSF staff in Kunduz and the dedication of all humanitarian workers, national and international, who are risking their lives to help people in need.

UN says MSF strike possibly criminal

Kunduz hospital airstrikes “inexcusable” -- Zeid

GENEVA (3 October 2015) – UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein said Saturday that there must be a swift, full and transparent investigation into the overnight airstrikes that hit a clinic in Kunduz killing and injuring many patients and medical personnel.

“This event is utterly tragic, inexcusable, and possibly even criminal,” Zeid said. “International and Afghan military planners have an obligation to respect and protect civilians at all times, and medical facilities and personnel are the object of a special protection. These obligations apply no matter whose air force is involved, and irrespective of the location."

According to Medecins Sans Frontieres (MSF), pro-Government forces had been informed of the precise location of the medical facilities. While it has yet to be established whether or not the hospital or immediate surroundings were the target of the attack, or were recklessly endangered by it, according to MSF airstrikes continued to hit the area for a further 30 minutes after pro-Government forces were informed they were endangering a medical facility. A U.S. spokesperson has reportedly been quoted saying U.S planes were carrying out airstrikes at around the time the hospital was hit.

The UN Human Rights Chief said it was essential to ensure any inquiry was independent, impartial, transparent and effective. “This deeply shocking event should be promptly, thoroughly and independently investigated and the results should be made public," he said. "The seriousness of the incident is underlined by the fact that, if established as deliberate in a court of law, an airstrike on a hospital may amount to a war crime."

ENDS

“Iran is called upon not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology, until the date eight years after the JCPOA Adoption Day or until the date on which the IAEA submits a report confirming the Broader Conclusion, whichever is earlier.”

The Islamic Republic has for decades relied on the global black market to build its nuclear program. Can negotiators now design a plan for policing…

original language

As Pentagon planners lay the groundwork for possible airstrikes against Islamic State jihadists in Syria, U.S. government lawyers are grappling with their own struggle: fashioning a legal argument for justifying attacks against extremists in a country that has not formally authorized U.S. action.

There has been little legal, or political, controversy surrounding President Barack Obama's decision to bomb Islamic State fighters and positions across the border in Iraq, where the government pleaded for American help to counter the Islamic State, previously known as ISIS. Indeed, Pope Francis -- asked if he approved of the American air campaign -- said it was "licit to stop the unjust aggression" -- though he did not endorse airstrikes.

But international legal experts say the United States has an uphill battle convincing many of its own allies that there is a legal rationale for extending strikes into Syria.

The U.N. Charter offers two major paths to military action. A government is permitted, under Article 51, to use force against an armed aggressor in self-defense. It can also invite foreign powers to help it defend itself, as Iraq has done. The U.N. Security Council can, under article 42, authorize a military intervention.

But those roads are blocked for the time being.

The Syrian government has not approved American airpower. Syrian Foreign Minister Walid Moallem warned that Bashar al-Assad’s regime would consider American military intervention in its territory an "act of aggression" unless it coordinates its activities with Damascus – a condition Washington has rejected. And Russia – while no friend of the Islamic State -- may not be inclined to approve a Security Council resolution granting Washington a blank check in Syria.

"If... there are plans to combat Islamic State on the territory of Syria and other countries, it is indispensable that it is done in cooperation with legitimate authorities [there]," Russia’s foreign minister Sergei Lavrov said on Monday. “The West will soon have to choose what is more important: a [Syrian] regime change to satisfy personal antipathies, risking deterioration of the situation beyond any control, or finding pragmatic ways to unite efforts against the common threat.”

Ryan Goodman, professor of international law at New York University and co-editor in chief of the national security blog, Just Security, said American airstrikes without a Syrian invitation or a U.N. mandate may prove “problematic.”

The United States has long argued it has the right to "use force on the territory of another state that is hosting a non-state actor" threatening the United States, Goodman said. But a decision to act has been considered controversial, even by many of America’s allies and the United Nations. Even by U.S. standards a decision to use force generally requires a finding that the state is unwilling or unable to take action to confront armed groups on its territory. "The strange quality of the current situation is that the Syrians are saying they are willing and able to cooperate with us."

columlynch

As Pentagon planners lay the groundwork for possible airstrikes against Islamic State jihadists in Syria, U.S. government lawyers are grappling with their own struggle: fashioning a legal argument for justifying attacks against extremists in a country that has not formally authorized U.S....

original version

As Pentagon planners lay the groundwork for possible airstrikes against Islamic State jihadists in Syria, U.S. government lawyers are grappling with their own struggle: fashioning a legal argument for justifying attacks against extremists in a country that has not formally authorized U.S. action.

There has been little legal, or political, controversy surrounding President Barack Obama's decision to bomb Islamic State fighters and positions across the border in Iraq, where the government pleaded for American help to counter the Islamic State, previously known as ISIS. Indeed, Pope Francis -- asked if he approved of the American air campaign -- said it was "licit to stop the unjust aggression" -- though he did not endorse airstrikes.

But international legal experts say the United States has an uphill battle convincing many of its own allies that there is a legal rationale for extending strikes into Syria.

The U.N. Charter offers two major paths to military action. A government is permitted, under Article 51, to use force against an armed aggressor in self-defense. It can also invite foreign powers to help it defend itself, as Iraq has done. The U.N. Security Council can, under article 42, authorize a military intervention.

But those roads may be blocked for the time being.

The Syrian government has not approved American airpower. Syrian Foreign Minister Walid Moallem warned that Bashar al-Assad’s regime would consider American military intervention in its territory an "act of aggression" unless it coordinates its activities with Damascus – a condition Washington has rejected. And Russia – while no friend of the Islamic State -- may not be inclined to approve a Security Council resolution granting Washington a blank check in Syria.

"If... there are plans to combat Islamic State on the territory of Syria and other countries, it is indispensable that it is done in cooperation with legitimate authorities [there]," Russia’s foreign minister Sergei Lavrov said on Monday. “The West will soon have to choose what is more important: a [Syrian] regime change to satisfy personal antipathies, risking deterioration of the situation beyond any control, or finding pragmatic ways to unite efforts against the common threat.”

Ryan Goodman, professor of international law at New York University and co-editor in chief of the national security blog, Just Security, said American airstrikes without a Syrian invitation or a U.N. mandate may prove “problematic.”

The United States has long argued it has the right to "use force on the territory of another state that is hosting a non-state actor" threatening the United States, Goodman said. But a decision to act has been considered controversial, even by many of America’s allies and the United Nations. Even by U.S. standards a decision to use force generally requires a finding that the state is unwilling or unable to take action to confront armed groups on its territory. "The strange quality of the current situation is that the Syrians are saying they are willing and able to cooperate with us."

everything you need to know about French ICC/UNSC Text on Syria

Key highlights from ICC text

* The resolution would refer the situation in the Syrian Arab Republic to the ICC prosecutor, with the situation defined as "wide spread violations of human rights and international humanitarian law by the Syrian authorities and pro-government militias as well as the human rights abuses and violations of international humanitarian law by non-state armed groups, all committed in the course of the ongoing conflict in the Syrian Arab Republic since March 2011." (This is the provision that addresses US concerns about Israel and the Golan Heights)

*The Syrian government and non state armed groups are required to "cooperate fully and provide any necessary assistance to the court and the prosecutor."

*The resolution "decides that nationals, current or former officials, or personnel from a state outside the Syrian Arab Republic which is not a party to the Rome Statute of the ICC shall be subject to the exclusive jurisdiction of that state for all alleged acts or omissions arising out of or related to operations in the Syrian Arab Republic, established or authorized by the council unless such jurisdiction has been expressly waived by the state." [This is the standard carve out included in the Libya ICC resolution, 1970]

*Expenses to be borne by members of Rome Statute or other states that volunteer to contribute. It encourages states to do so.

*Invites ICC prosecutor to address council 2 months and thereafter each six months.

TO: The President of United Nations Security Council

United Nations

New York 100017

USA

Sub: Request for Urgent Investigation of Accusations Against UNAMID

Dear Sir/ Madame;

 Referring to the serious allegations raised by Dr. Aicha Elbasri, the former spokesperson for Joint United Nations African Union Mission in Darfur (UNAMID) regarding false reporting of the Mission, unveiled by Foreign Policy Magazine, April 7, 8 and 9 April 2014.

 Mindful that the allegations are raised by a senior ex-official who has supported her allegations with creditable documents.

 Seizing the opportunity of the impending meeting of the United Nations Security Council planned for April 24th.

 Acting in line with our responsibility towards our people who have endured genocide, ethnic cleansing and other atrocities for over a decade as well as our responsibility towards the safety of international peace keepers;

 We, the undersigned call for the following:

1. Immediate launch of investigation into the serious allegations raised by Dr. Albasri against UN officials and the deliberate misinformation that has characterized reports on Darfur since 2008. We trust, the investigation covers all reports of the Peace Keeping Mission, including reports presented to the UNSC by Assistant Secretary General for Peace Keeping Mr. Ladous and the reliability of the sources he had relied on.

2. Investigation of allegations raised against former heads of UNAMID in particular Mr. Rodoulf Adada and Mr. Ibrahim Gambari who declared in numerous occasions that the war in Darfur was over or the conflict there had become of "low intensity" at a time when all realities on the ground pointed and later proved otherwise.

3. Immediate investigation of recent escalation of the genocide scheme in Darfur promoted by the arrival of the Rapid Support Forces (RSF) aka Janjaweed, from April February 28th to date. The force has devastated wide territories in Darfur and has left behind hundreds dead, over 100 villages burnt down and scores of women subjected to horrific mass rape. Moreover, the assault has stripped the entire population of areas of every means of sustenance and expelled hundreds of thousands of surviving populations out of their villages to IDP camps.

4. We urge UNSC to see into it that UNAMID brings its Chapter Seven mandate into full force to be able to protect civilians and escort relief convoys besides the protection of its own forces and personnel. Needless to say, this cannot be achieved without upgrading UNAMID capabilities in terms of equipments and logistics. Review of its composition and management is equally long overdue.

5. Separation between the conflicting duties of the Head of UNAMID and the Darfur Peace Mediator. The peace keeping mandate of UNAMID deserves a full-time head of mission.

Finally, the UN needs to clear its good name of the serious charges raised by Dr. Albasri and punish those who have ruined the reputation of the organization, wasted its resources and delayed appropriate actions leading to the death and suffering of innumerable innocent civilians in Darfur. Darfurins, as well as the world at large, want to see UN capable of preserving peace and protecting lives, properties and dignity of its target populations. We see this current setback as an opportunity for the UN to take action and regain its profile as a transparent institution that does not cover up for failure and betrayal of its officials.

Very best regards.

1. Dr. Gibriel Ibrahim Mohamed, Chairperson of Justice & Equality Movement Sudan (JEM)

2. Mr. Abdel Wahid Mohamed Ahmed Nur, Chairperson, Sudan Liberation Army/Movement (SLA/M-A/Wahid)

3. Mr. Minni Arko Minnawi, Chairperson Sudan Liberation Army/Movement (SLA/M-MM)

---

السيد/ رئيس مجلس الأمن الدولي

الأمم المتحدة

نيويورك

الولايات المتحدة الأمريكية

تحية طيبة .. و بعد،

الموضوع: طلب تحقيق عاجل حول التهم الموجّهة إلى بعثة الأمم المتحدة و الاتحاد الإفريقي في دارفور

بالإشارة إلى الإفادات الخطيرة المدعومة بالوثائق التي أدلت بها الدكتورة عائشة البصري، الناطقة الرسمية السابقة للبعثة المشتركة للأمم المتحدة و الاتحاد الإفريقي في دارفور UNAMID لمجلة فورن بولسي Foreign Policy الأمريكية في الأيام 7، 8، 9 من شهر إبريل الجاري حول فشل البعثة في حماية المدنيين و منسوبيها من قوات حفظ السلام، و إغتناماً لسانحة اجتماع مجلس الأمن الدولي المزمع عقده في 24 إبريل الجاري بشأن دارفور، و انطلاقاً من مسئولياتنا تجاه شعبنا و حمايتهم من الابادة المستمرة منذ اكثر من عشر سنوات، و تجاه القوات الأممية التي جاءت لحمايتهم، ندعوكم إلى الآتي:-

1- التحقيق الفوري فيما أدلت به الدكتورة عائشة البصري من معلومات و تهم خطيرة موجّهة إلى مسئولين في الأمم المتحدة،بجانب الطعن الذي أصاب تقارير الأمين العام للأمم المتحدة حول الأوضاع في دارفور منذ بداية عمل البعثة في عام 2008 حتى تاريخه، على ان يشمل التحقيق تقارير إدارة حفظ السلام، و تصريحات رئيسها السيد هيرفييه لادسو، و موثوقية المصادر التي اعتمد عليها.

2- التحقيق مع الرؤساء السابقين للبعثة و بخاصة السيد رودلف أداد و السيد إبراهيم قمباري والذيين أدليا بتصريحات مفادها أن الحرب قد انتهت أو شارفت على النهاية في دارفور،رغم أن الواقع و الشواهد على الأرض وقتها تشير إلى غير ذلك.

3- التحقيق الفوري في وقائع الجولة الثانية من جرائم الإبادة الجماعية والتطهير العرقي وجرائم الحرب في إقليم دارفور التي استأنفتها حكومة الخرطوم مستخدمة قوات الجنجويد المسماة بـ"قوات الدعم السريع" إبتداءً من 28 فبراير 2014م و لا تزال الحملة مستمرة حتى لحظة تحريرهذا الخطاب. و قد شملت القرى و المناطق التي استهدفها مليشيات النظام بالقتل و الحرق و الإغتصاب و النهب و التشريد المنطقة الممتدة من جنوب السكة حديد في ولاية جنوب دارفور إلى بعاشيم في شمال ولاية شمال دارفور، مروراً بقرى شرق الجبل و غرب الفاشر و شمال غربها، حيث أزهقت مئات الأرواح، و أحرقت مئات القرى، و أغتصبت عشرات الفتيات، و جرّد المواطنون من كامل ممتلكاتهم، و هُجّروا بمئات الآلاف قسراً إلى معسكرات النزوح.

4- التأكدمن تفعيل تفويض بعثة اليونامد الخاصبالفصل السابع من ميثاق الأمم المتحدة حتى تكون قادرة على حماية المدنيين و قوافل الأغاثة و حماية نفسها أيضاً. و يُنصحبتزويد قوات البعثة بالعتاد و الآليات و التقنية اللازمة حتي تتمكن من أداء مهمتها على الوجه الأتم.

5- فصل مهمة وسيط عملية السلام في دارفورعن مهمة رئيس البعثة للتعارض الفعلي البائن بين المهمتين. مهمة حفظ السلام في دارفور تحتاج إلى قيادة متفرغة.

ختاماً، مجلس الأمن الدولي في حاجة ماسة إلى تبرئة ساحة المنظمة الأممية من التهم الخطيرة التي وُجّهت إليها، و إلى محاسبة الذين تسببوا في إشانة سمعتها و هدر أموالها، كما أن المواطن في دارفور، و بالتأكيد في العالم كله، يريد أن يطمئنّ إلى أن المنظمة الأممية حريصة على صنع السلام و الحفاظ على أرواح المدنيين و شرفهم و ممتلكاتهم، و أنها لا تتستّر على جرائم مسئوليها، و أن المحاسبة و الشفافية من أدواتها الأساسية في تحقيق السلم و الأمن الدوليين.

و تقبلوا فائق التقدير و الاحترام.

الموقعون:

1- د. جبريل إبراهيم محمد رئيس حركة العدل و المساواة السودانية

2- عبدالواحد محمد أحمد النور رئيس حركة/جيش تحرير السودان – عبدالواحد

3- مني أركو مناوي رئيس حركة/جيش تحرير السودان – مناوي

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