On
DRC,
Legal
Acrobatics
About Shooting
at
Intervention
Brigade,
Civilians
By
Matthew
Russell Lee
UNITED
NATIONS,
August 29 --
When a
Tanzanian
soldier in the
UN's new Force
Intervention
Brigade in the
Congo died in
battle this
week, the
statements of
UN Secretary
General Ban
Ki-moon and
his envoy
Martin Kobler
did not call
it a war
crime. (Click
here for
Inner City
Press story
and "Rest in
Peace")
On
August 29 the
UN Security
Council agreed
to a press
statement on
DRC with this
convoluted
paragraph:
"They
recalled
that
intentionally
directing
attacks
against
personnel,
installations,
material,
units or
vehicles
involved in a
peacekeeping
mission in
accordance
with the
Charter of the
UN, as long as
they are
entitled to
the protection
given to
civilians or
civilian
objects under
the
international
law of armed
conflict,
constitutes a
crime under
international
law."
So if
a member of
the FIB is
attacking to
"neutralize"
armed groups,
can he or she
be " entitled
to the
protection
given to
civilians or
civilian
objects under
the
international
law of armed
conflict"? The
answer appears
to be no.
For
weeks Inner
City Press has
asked the UN
to clarify its
understanding
of the
applicability
of the
international
law of armed
conflict to
its FIB,
without
success. In a
UN basement
conference
room an
expert, on
camera, told
Inner City
Press it is
not a war
crime to shot
at a
combatant. Click
here. And
that is what
the FIB has
become. But
how far does
the slippage
go?
Inner
City Press on
the August 29
noon briefing
asked about
Rwanda getting
bombed, and
how did it.
Spokesperson
Haq said
couldn't
confirm most
recently
bombings; then
his office
sent this:
From:
UN
Spokesperson -
Do Not Reply
[at] un.org
Date: Thu, Aug
29, 2013 at
12:52 PM
Subject: re:
question on
DRC
To:
Matthew.Lee
[at]
innercitypress.com
Regarding
your
question on
DRC, here is
our answer:
The
Mission
reports that
it can confirm
firing
incidents into
Rwanda
territory
originated by
M23 positions
between 22 and
29 August. The
Mission
further
reports that
it has not
witnessed any
FARDC firing
into Rwanda
territory
during this
period.
We'll
see.
While
the UN deploys
attack
helicopters in
Eastern Congo,
and bombs from
inside the DRC
have
reportedly
killed a woman
in Rwanda,
France has
called an
emergency UN
Security
Council
session on the
DRC on
Thursday.
The
idea is to
strong-arm
Rwanda on a
draft press
statement
France
proposed.
Actually,
Rwanda is
proposing
adding the
fact that the
"repeated
mortar shells
and bombs
landing in
Rwandan
territory"
come "from the
DRC." How
controversial.
Without that
change, Inner
City Press has
obtained the
draft and puts it
online here.
The
modus operandi
is to hand
information to
Reuters.
At
last Friday's
noon briefing,
video
here from
Minute 10:15,
Inner City
Press asked
the UN's
outgoing
deputy
spokesperson
Eduardo Del
Buey about the
answer, when
Inner City
Press and
another
journalist
asked UN
Peacekeeping
acting chief
Edmond Mulet
Thursday if
the M23 rebels
had entered
the security
zone
established
around Goma.
"No,"
Mulet said.
"Just
mortars." He
went on to
refer to the
separate "red
line"
established
when M23
agreed in
Kampala to
pull out of
Goma. (The
portion of
that agreement
that gave M23
one third of
the security
force at the
Goma airport
remains
unimplemented.)
But
later on
Thursday, the
wire service
Reuters reported
"a senior U.N.
official, who
asked not to
be named, said
that on
Thursday the
rebels entered
a security
zone
surrounding
Goma" -- which
Mulet, the
acting chief
of DPKO, had
just denied.
Inner City
Press and the
other
journalist
waited to ask
Mulet again,
and got the
same answer.
So who
is this
"senior UN
official who
asked not to
be named"? In
UN
Peacekeeping,
only Herve
Ladsous,
long absent
from UN
Headquarters,
is senior to
and could
over-rule
Mulet.
Ladsous
has
in the past
spoon-fed
answers of
dubious
veracity to
this same Reuters
UN bureau
bragging for
example about
the Congolese
Army imposing
accountability
for the 135
rapes in
Minova in
November 2012.
But with only
a few
arrests for
the 135 rapes,
Ladsous' DPKO
continues
supporting the
391st
Battalion,
even as it is
now implicated
in corpse
desecration.
That
the UN would
try to use
Reuters,
willingly,
resonates with
a documented
instance in
June 2012 when
Reuters
UN bureau
chief Louis
Charbonneau
gave to UN
official
Stephane
Dujarric an
internal UNCA
anti-Press
document,
three
minutes after
saying he
would not do
so. Story
here, audio here,
document
here, in
which
Charbonneau
tells
Dujarric, "You
didn't get
this from me."
So is
Reuters'
"senior UN
official who
asked not to
be named"
someone junior
to Mulet, or
as another
journalist
suggested, no
one at all?
On Friday, Del
Buey said he
knew what
Mulet had
said, and has
"seen other
reports." He
said he'd have
to check. But
last Friday
was his last
day at the UN
(the Free
UN Coalition
for Access
wished him
well, video
here at
Minute
9:55).
So we'll see.
Watch this
site.
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