SECURITY COUNCIL REPORT Monthly AUG 2011 29 July 2011 This report is available onlineFORECAST and can be viewed together with research studies and Update Reports at www.securitycouncilreport.org. For daily insights by SCR on evolving Security Council actions please visit or subscribe to our recently launched “What’s In Blue” series at www.whatsinblue.org OVERVIEW FOR AUGUST India will be holding the presidency of the n the Middle East, most likely by the head CONTENTS OF THIS ISSUE Security Council during August. There is an of DPA, B. Lynn Pascoe, also to be Status Update since our open debate on peacekeeping planned followed by consultations; and July Forecast...... 2 for late in the month, with a wide range of n Libya, most likely by Pascoe, followed by Libya...... 4 issues likely to be covered, including the consultations. Sudan and South Sudan...... 6 relationship between troop and police- The Council expects to be briefed in Kosovo...... 8 contributors and UN bodies, as well as consultations: Peacekeeping...... 10 the issue of resources for missions. The n by the DPA’s head B. Lynn Pascoe on Somalia ...... 11 Secretary-General is expected to address issues of current concern (as part of the the Council at the outset of the debate. Lebanon...... 11 recently established monthly practice DPRK (North Korea)...... 13 A debate will also be held on Kosovo. referred to as the “horizon scanning”); UN Office in Central Africa n on the work of the UN Office in Central (UNOCA)...... 14 Several briefings are likely on: Africa, UNOCA, (established in March) International Criminal Tribunals ....15 n developments in Kosovo, most likely by by its head Special Representative Abou Notable Dates...... 16 DPKO; Moussa; and n the transitional process developments Important Dates Over the n on the work of the DPRK Sanctions Horizon...... 16 in Somalia and the impact of famine on Committee (the 1718 Committee) by parts of the country, by Special Repre- its chair, Portuguese Ambassador José hold consultations to discuss the renewal sentative Augustine Mahiga (either in Filipe Moraes Cabral. person or by videoconferencing), fol- of UNIFIL’s mandate and will have a formal lowed by consultations; The Council will meet in a private meeting session to adopt a resolution renewing with troop-contributors to UNIFIL and will the mandate.

Aide-Memoire

Important matters pending include: in the DRC, the Council requested the Council on country-specific situations n The mandate to the Secretary-General to Secretary-General to elaborate the include the protection of children is not assist with the delineation of the interna- concept of operation and rules of yet implemented. In 2010 protection of tional borders of Lebanon, especially engagement of MONUSCO, in line with children elements had been incorporated Sheb’a Farms, in accordance with resolu- the resolution, and to report back to the into just over half of the relevant country- tion 1701, continues to await completion. Council and the TCCs. The Secretary- specific reports. n The December 2004 report by the General has yet to report back to the n The committee established by resolution Secretary-General on human rights Council and the TCCs on this issue. 1540 (non-proliferation of weapons of violations in Côte d’Ivoire, requested in n UNAMI reports on human rights in Iraq, mass destruction and terrorism) has not a May 2004 presidential statement in the past were produced every two to yet completed a report this year on the (S/PRST/2004/17), was never made pub- three months. They have decreased in implementation of that resolution. (Reso- lic. Also on Côte d’Ivoire, the December their frequency. The last report, released lution 1810 of 2008 directed it to submit 2005 report by the Secretary-General’s in July 2010, covered the period from 1 the report to the Council by 24 April 2011. Special Adviser on the Prevention of July to 31 December 2009. On 24 April the committee informed the Genocide has not been published. n The request in resolution 1460 on Chil- Council that it was continuing its consid- n On 28 May 2010 in resolution 1925 on the dren and Armed Conflict that all eration of the report and would submit it mandate of MONUSCO, the operation the Secretary-General’s reports to the >>page 2

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 1 Aide-Memoire (continued)

by 24 May.) Vijay Nambiar, the Secretary-General’s Secretary-General make the necessary n In its presidential statement of 22 Octo- Chef de Cabinet, took on the position of arrangements “as soon as possible.” This ber 2010 (S/PRST/2010/21) the Council Special Advisor to the Secretary-General request, reiterated in September 2010 said it looked forward to receiving within on Myanmar in what was expected to be (S/PRST/2010/19), is still outstanding. six months a report from the Secretary- temporary role. n On 11 November 2009 in resolution 1894 General which would define the UN n The Secretary-General’s Advisory on protection of civilians, the Council Secretariat’s strategic vision for UN-AU Committee on the Prevention of Geno- requested the Secretary-General to cooperation in peace and security tak- cide has been dormant since 2008 when develop guidance for UN operations and ing into account the lessons learnt from it held its last meeting. other relevant missions on reporting for the various experiences of joint coopera- n Resolution 1904 in December 2009 indi- enhancing the Council’s monitoring and tion between the two bodies. The report cated that the expert groups assisting the oversight. There has been no report back was expected to be made available in three counterterrorism committees to the Council on this. June, but now it appears it has been (the 1267 Committee on Al-Qaida and n The Council requested the Secretariat on delayed until late in the year. Taliban sanctions, the 1373 Committee 21 November 2006 (S/2006/928) to n The position of Special Envoy for Myan- or CTC, and the 1540 Committee update the index to Council notes and mar has not been filled since Ibrahim on weapons of mass destruction) statements on working methods. This Gambari left the post in January 2009. should be co-located and asked the has not been published.

Status Update since our July Forecast n Afghanistan: On 6 July, the Council held Secretary-General’s most recent report attended by the Colombian and Bosnia an open debate on the situation in (S/2011/388). Djinnit urged the Council and Herzegovina foreign ministers, the Afghanistan, where the Council received to remain vigilant as several elections South African Minister of Justice and a briefing from the head of the UN Mis- scheduled between now and 2013 in the Constitutional Development, and Portu- sion in Afghanistan, Staffan de Mistura subregion had the potential to ignite vio- gal’s Deputy Minister for Foreign Affairs. (S/PV.6574). There was no outcome lence and instability. He also noted drug The Council heard from the Secretary- from the debate. trafficking and organised crime as threats General, Special Representative of the n Central African Republic: On 7 July, the to stability. Djinnit highlighted positive Secretary-General for Children and Council received a briefing (S/PV.6575) developments in the subregion, includ- Armed Conflict Radhika Coomaraswamy from Margaret Vogt, Special Representa- ing the end of the protracted post-election and Anthony Lake, Executive Director of tive and Head of BINUCA as she crisis in Côte d’Ivoire and Niger’s suc- UNICEF. Forty-one other member states presented the Secretary-General’s most cessful elections and political transition. also spoke at the debate. recent report (S/2011/311) on CAR. Vogt Also on Niger, he stressed the need to n Syria: On 12 July, the Council issued a emphasised that the country still faced address security and development chal- press statement condemning the 11 July serious challenges, including extreme lenges, including ending chronic food attacks on the French and US embassies poverty, weak national institutions, cor- insecurity. Djinnit also highlighted the in Damascus (SC/10321). On 14 July the ruption, a high rate of violent crime positive impact of increased women’s Council was briefed by an official from perpetrated by armed movements and participation on resolving conflicts in the IAEA on the Syrian nuclear issue brigands, human rights violations and the subregion. in informal consultations. (The IAEA impunity. She stressed that the two most n Children and Armed Conflict: On 12 referred the issue to the Council on 9 immediate challenges were the imple- July, the Security Council held an open June due to Syria’s lack of cooperation mentation of peace agreements with debate (S/PV.6581 and resumption 1) on with the Agency.) There was no Council rebel groups, and the sustainable disar- children and armed conflict and adopted outcome. Council members have been mament and reintegration of former resolution 1998 on children and armed con- keen to keep their consideration of the combatants as part of overall security- flict, expanding the criteria for listing parties nuclear issue and the embassy attacks sector reform. Jan Grauls Chair of the to conflict in the Secretary-General’s report separate from the ongoing political and PBC’s CAR Configuration also briefed on children and armed conflict to include humanitarian crisis in Syria. For months the Council saying that the PBC had con- parties that attack or threaten schools Council members have been discussing vened the Partners’ Round Table in and hospitals. The Council also a draft resolution on Syria focused the Brussels to increase awareness of the expressed its intention when establish- political and humanitarian issues without second phase of CAR’s Poverty Reduc- ing, modifying or renewing the mandate being able to reach agreement, the last tion Strategy Paper. of relevant sanctions regimes to consider discussion was at experts level on 6 July. n West Africa (UNOWA): On 8 July, the including provisions on parties to armed The Syrian situation was also mentioned Council was briefed (S/PV.6577) by Said conflict that violate international law relat- by some Council members at the 26 Djinnit, Special Representative of the ing to the protection of children in armed July open debate on the Middle East Secretary-General and Head of UNOWA conflict. The German foreign minister (S/PV.6590 and resumption 1) and was on the situation in West Africa and the presided over the debate, which was discussed during the monthly DPA

2 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org Status Update since our July Forecast (continued)

horizon scanning exercise on 28 July. issue of climate change. By contrast, ments in Darfur (S/PV.6589), largely n Terrorism: On 13 July, Council members other states argued that climate change drawing upon the latest quarterly report condemned the terrorist attacks that has security implications that fall under of the Secretary-General (S/2011/422). killed over twenty people that day in the purview of the Security Council’s The Council followed the briefing with Mumbai, India (SC/10325). On 23 July mandate.) Towards the end of the open closed consultations. At press time the the members of the Council condemned debate Council members reached agree- Council was expected to adopt a resolu- the terrorist attacks in Norway that killed ment on the text of a presidential tion renewing the mandate of UNAMID scores of people the day before statement which was adopted for a further 12 months. The current man- (SC/10337). as (S/PRST/2011/15). The statement date expired on 31 July. n UNRCCA: On 15 July members of the expresses the concern of the Council n Somalia: On 25 July, Council members Council were briefed by Special Repre- that sea-level rises may carry security heard a briefing from Catherine Bragg, sentative Miroslav Jenča on the work of implications on low-lying island states Assistant Secretary General in the Office the UN Regional Centre for Preventive and requested the Secretary-General to of the Coordination of Humanitarian Diplomacy for Central Asia over the past provide contextual information on the Affairs (OCHA) on the humanitarian situ- six months. In a press statement which possible security implications of climate ation in Somalia, following the UN’s followed the briefing (SC/10327) Council in his reporting on situations on the declaration of famine in two areas. The members expressed appreciation for the Council’s agenda. Council issued a press statement follow- efforts of the Centre as a mechanism of n LRA: On 21 July, the Council held a pri- ing this briefing (SC/10339) urging preventative diplomacy responding to vate meeting on the Lord’s Resistance humanitarian access to the affected challenges to peace and development in Army (LRA). The Council was briefed by areas and urging all UN member states the region, including solutions to water Assistant Secretary-General for Political to contribute funds to the UN’s consoli- and energy management, the implemen- Affairs, Tayé-Brook Zerihoun, while rep- dated appeal for Somalia. At press time tation of the UN Global Counter-Terrorism resentatives of the CAR, DRC, South the Council was expected to adopt a res- Strategy, and the situations in Kyrgyz- Sudan, Uganda and the AU were in atten- olution renewing the mandate of the stan and Afghanistan. dance. Following the meeting, the Somalia Monitoring Group which expired n Côte d’Ivoire: On 18 July, the Special Council released a press statement on 31 July. Representative of the Secretary-General (SC/10335) strongly condemning the n Middle East: On 26 July, Robert Serry, and head of the UN mission in Côte ongoing attacks of the LRA and urging all the Special Coordinator for the Middle d’Ivoire (UNOCI), Choi Young-jin, briefed LRA elements to surrender and disarm. East Peace Process, briefed the Council. the Council on the latest developments The statement commended the efforts This was followed by the Council’s quar- in Côte d’Ivoire (S/PV.6584) as well as taken by the militaries of the CAR, DRC, terly open debate (S/PV.6590 and the key observations from the latest South Sudan and Uganda to address the resumption 1). Serry said that the Israeli- Secretary-General’s report (S/2011/387). LRA threat and welcomed the recent AU Palestinian conflict is in profound and The Council followed the briefing with initiative proposing a range of activities to persistent deadlock. The Quartet again closed consultations. On 27 July the address the LRA problem. The Council failed to reach an agreement at its 11 July Council adopted resolution 2000 which also requested the Secretary-General to meeting in Washington, DC. Council renewed the mandate of UNOCI at its report back to in October about on devel- members expressed concern about the current force levels (including the earlier opments in relation to the LRA, including stalemated peace process against the ad hoc increases) until 31 July 2012. an assessment of the threat posed by the backdrop of heightened expectations of n Climate Change: On July 20, the Coun- group and regional and UN efforts to developments in the General Assembly cil held an open debate on the impact address this threat. in September regarding Palestine’s sta- of climate change on the maintenance n Eritrea: On 21 July, the Council held an tus at the UN. The report of the Panel of of international peace and security Interactive Dialogue with Eritrea. Eritrea Inquiry into the 31 May 2010 Gaza flotilla (S/PV.6587 and resumption 1). The had been requested a meeting of the incident, originally expected in February, debate was attended by the Secretary- Security Council to press its case for lift- is now completed but formal transmis- General; the executive director of the UN ing of sanctions. However, in light of the sion to the Secretary-General has been Environment Programme, Achim Steiner; latest Somalia Monitoring Group report delayed to permit a short period of bilat- the President of Nauru, Marcus Stephen, which includes information of Eritrea’s eral negotiations. on behalf of the Pacific small islands support for anti-government elements in n Iraq: On 28 July the Council extended developing states; the acting head of the Somalia. Council members decided to the mandate of UNAMI for a year (S/ delegation of the EU to the UN; and rep- have the meeting as an Internal Dialogue RES/2001). On 30 June, the Council resentatives from 47 additional countries. so that IGAD members Ethiopia, Soma- issued a press statement (SC/10307) (During the open debate, several states lia, Kenya, Djibouti and Uganda could that welcomed Iraq’s establishment of a including Egypt, on behalf of the non- also participate in the meeting. successor arrangement for the Develop- aligned movement, and Argentina, on n Sudan/Darfur: On 22 July, the Joint ment Fund for Iraq and noted that behalf of the group of 77 and China, AU-UN Special Representative for Darfur oversight of the fund had been trans- expressed concerns that any Council and head of the AU-UN Hybrid Mission in ferred to Iraq. decision should not encroach on the Darfur (UNAMID), Ibrahim Gambari, authority of other bodies addressing the briefed the Council on recent develop-

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 3 Libya humanitarian access; self-defence weapons for the civilian n reaffirmed the leading role of the UN and populations that have been victims of Expected Council Action Special Envoy Abdel-Elah Al-Khatib’s attacks by Libyan armed forces, in the Council members are expecting the regular role in that regard and included language absence of any other operational means of monthly briefing on Libya from Under- encouraging the AU’s mediation role; protecting these populations under threat.” Secretary-General for Political Affairs B. n adopted explicit language on the func- Media reports indicate the weapons were Lynn Pascoe in late August. tioning of the Temporary Financial dropped in the Nafusa Mountain area, Mechanism to fund the NTC and wel- southwest of Tripoli, and included ammuni- No Council decisions are currently expected comed the NTC’s commitment to honour tion, rifles, machine guns, anti-tank missiles, in August. However, if progress is made on Qaddafi-era contracts; and and RPGs. negotiating a political solution and a cease- n indicated the post-conflict stage should fire between Benghazi and Tripoli it will likely be Libyan-led with the UN leading the Aspects of the UN post-conflict contingency require some Council action, including a support efforts of the international planning undertaken by special adviser Ian possible decision to deploy military observ- community. Martin seem to have been shared with the ers to monitor any ceasefire arrangement. Contact Group and Security Council mem- On 11 July, Khatib briefed Council mem- bers. Preliminary assessments in the The next meeting of the Libya Contact bers in informal consultations after his 9 following areas were set to conclude in late Group is anticipated for September in July visit to Tripoli. He suggested a key ele- July: political process, security apparatus, New York. ment of any political solution linked to a rule of law and human rights, economic Key Recent Developments ceasefire could be an interim “institutional recovery, public administration and physi- At press time, NATO air strikes against Lib- mechanism” comprised of representatives cal infrastructure. of both Benghazi and Tripoli. However, he yan military capabilities under resolution Developments in the Libya 1973 were headed into their fifth month. said disagreements remained between Benghazi, which wanted talks only after Sanctions Committee On 28 July Under-Secretary-General for Qaddafi left power, and Tripoli, which At press time, the Sanctions Committee Political Affairs B Lynn Pascoe briefed the wanted talks only after a ceasefire. Khatib said it had not received any notification of Council on recent developments in Libya, said he hoped indirect talks would evolve a ship docked in Algeria allegedly carrying including mediation efforts. South Africa into direct talks. He also expressed concern arms bound for Tripoli. (The Committee spoke after Pascoe’s briefing. about the humanitarian situation across would need to be notified by a member Libya and about the intensity of the NATO On 26 July, British Foreign Minister William state before it could consider any implica- campaign during Ramadan which starts Hague said that the UK preferred that Qad- tions vis-à-vis the arms embargo.) on 1 August. dafi leave the country but “what happens The Sanctions Committee met on 7 July to Qaddafi is ultimately a question for the On 5 July, media reports indicated that to discuss the issue of the French arms Libyans.” Russian mediators had said Qaddafi was drop and on 18 July to hear a briefing willing to step down in exchange for secu- On 20 July, French Foreign Minister Alain from OCHA on the humanitarian situa- rity guarantees. Benghazi rejected internal Juppé suggested Qaddafi could stay in tion in Libya and discuss other pending exile for Qaddafi. Libya if he relinquished power. (On 12 July, issues, in particular frozen assets. Juppe had suggested that Qaddafi’s On 1 July the AU High-Level Ad-Hoc Com- The Panel of Experts is expected to sub- envoys were seeking to negotiate Qaddafi mittee on Libya presented Tripoli and mit its interim report on 10 August. It is stepping down.) Benghazi representatives with a proposal not anticipated that the chair of the Sanc- endorsed at the 17th AU Summit in Malabo On 19 July the US confirmed that it had held tions Committee will brief the Council in in Equatorial Guinea on 30 June. The criti- talks with representatives of Qaddafi to August but may do so in September. cal difference in this proposal from the deliver the message that he must leave previous AU plan is that it called for negotia- power. (Media reports indicate the meeting In June “holds” on applying sanctions to tions which would exclude Qaddafi. took place on 16 July in Tunisia.) two individuals and one entity were lifted. At the Malabo summit the AU decided its However, most of the additional desig- On 15 July the Libya Contact Group met in member states should not cooperate with nations for the sanctions regime received Istanbul and: the execution of the arrest warrants issued by the Committee in April remain subject n reaffirmed that Qaddafi must leave by the ICC on 27 June for Qaddafi, his son to various “holds”. power; and his intelligence chief saying that the n agreed all [Contact Group] participants Key Issues warrants complicate reaching a negotiated would deal with the National Transitional Ongoing key issues for the Council include: political solution to the Libyan crisis. The Council (NTC) as the legitimate govern- n whether the Council can play a more summit also requested the Security Council ing authority until an interim government active role in establishing parameters for to defer the ICC process under article 16 of is formed which could include some political initiatives to secure an end-game the Rome Statute. members of the Tripoli regime; in Libya; n reaffirmed the sovereignty and territorial On 30 June, France informed the Secretary- n the divergence among members regard- integrity of Libya; General that it had “taken an additional ing the interpretation of resolution 1973, n stressed the need for a genuine cease- measure in accordance with paragraph especially relating to the arms embargo fire, an immediate political transition and 4 of resolution 1973 (2011): airdrops of and the unfreezing of assets;

4 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org n the humanitarian impact on the popula- regard has been previously contentious tion under Qaddafi’s control and related between the AU and UN, it now seems there access issues; and is broad consensus around the central role SECURITY COUNCIL REPORT n the necessary framework for a ceasefire. of UN Special Envoy Khatib. (However, it is Monthly unclear if this progress on the diplomatic Potential issues for the Council in the future front will provide Khatib the requisite tools AUG 2011 include: FORECAST to negotiate more effectively.) n a UN role in any ceasefire-monitoring mechanism; and Council members that have recognised the UN Documents n a UN role in post-conflict Libya. TNC include France, Germany, Lebanon, the UK and the US. China, Russia and South Security Council Resolutions Options Africa are also openly engaging with Beng- • S/RES/1973 (17 March 2011) An option for the Council is to engage with hazi and attend Contact Group meetings as authorised all necessary measures the Secretary-General to better empower observers along with elected Council mem- to protect civilians in Libya and Khatib in his mediation efforts by giving him bers Brazil, India and Portugal. enforce the arms embargo, imposed clearer parameters to negotiate with Tripoli a no-fly zone, strengthened the sanc- and Benghazi, including on post-conflict Some Council members are signalling that tions regime and established a panel scenarios—especially now that UN post- the TNC may need to be more flexible vis-à- of experts. conflict contingency planning is well vis conditions for potential talks with Tripoli. • S/RES/1970 (26 February 2011) developed—to give both sides a higher A number of Council members remain wary referred the situation in Libya to the level of comfort about a future Libya and ICC, imposed an arms embargo and their roles in it. so long as the NATO air campaign autho- rised by resolution 1973 maintains its targeted sanctions and established a A second option may be to involve Council current intensity and the TNC maintains its sanctions committee. members in more detail on post-conflict progress towards Tripoli. Security Council Meeting Record planning (perhaps via the Council’s Work- • S/PV.6596 (28 July 2011) was the ing Group on Peacekeeping) and the There remains an awareness that the cur- rent situation in the Council is fragile. There most recent monthly briefing on Libya potential deployment of military observers, by Pascoe. assessment of Libya’s needs, any potential continues to be a degree of tension in the Security Council Letters interim stabilisation force and whether any Council about the seeming exclusion most future UN Mission might require political, elected members feel from oversight and • S/2011/402 (30 June 2011) was from peacekeeping or an integrated approach. input to the political process via the Council. France regarding its airdrop of self- Secondly, the public confirmation of the defence weapons under paragraph 4 Immediate options for the Council could French arms drop also contributed to the of resolution 1973. include: ongoing tension. Most Council members • S/2011/377 (21 June 2011) appointed n a briefing from Khatib (who was in Beng- are aware that there is an argument that the the eighth member to the Panel hazi on 25 July and in Tripoli on 26 July); drop may be legal under resolution 1973 of Experts. n more regular Secretariat briefings; and (and indeed the language was likely crafted n designating more individuals and entities envisioning such a possibility) but the pub- Other Relevant Facts under the sanctions regime by lifting licity exacerbated the ongoing anxiety by holds on some of the outstanding some in the Council about the resolution Chair of the Sanctions Committee recommendations. being taken beyond its protection mandate. Ambassador José Filipe Moraes Cabral (Portugal) Council and Wider Dynamics There is also a growing concern that if the Sanctions Committee’s Panel of Experts Since the Contact Group meeting on 15 TNC were to take Tripoli (or other towns July, there now seems to be nearly uniform strongly supportive of Qaddafi, e.g. Sirte)— • Yousef Fahed Ahmed Alserhan, agreement among Council members that given recent reports of reprisals (albeit Jordan (maritime) political transition in Libya is an essential limited)—reprisal violence by Benghazi • Oumar Dièye Sidi, Niger (customs) part of the end game and a political process forces is possible. • Simon Dilloway, UK (finance) leading to this is the way forward. In gen- • Theodore M. Murphy, US eral, the fact that Council members appear The request of the AU for the Security Coun- (humanitarian and regional) to be more agreed on the need for a politi- cil to defer the ICC proceedings on Libya • Giovanna Perri, Italy (finance) cal transition in Libya suggests that the could raise the level of tension. (However, • Salim Raad, Lebanon (heavy weapons) outlook for productive and congenial Coun- unlike the Kenyan case where the AU had • Savannah de Tessières, France cil activity around authorising any necessary tasked African members of the Security (small arms and light weapons) ceasefire monitors and follow-on UN pres- Council to bring the issue to the Council’s • Ahmed Zerhouni, Algeria (aviation) attention—no such specific obligation was ence may be more positive. UN Special Envoy imposed in the Libya case.) The more unified approach from the wider Abdel-Elah Mohamed Al-Khatib (Jordan) There also seems to be ongoing international community which has also Human Rights Council Commission emerged over the past weeks has contrib- tension in the Council over how best to of Inquiry uted to this convergence in the Council. achieve humanitarian access in Qaddafi- controlled areas. Cherif Bassiouni, Chair (Egypt); Asma While leadership of mediation efforts in this Khader (Jordanian/Palestinian); Philippe Kirsch (Canada)

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 5 AU High Level Ad-Hoc Committee earlier agreements in May and in December support for security arrangements in 2010. Under the agreement, the parties are Southern Kordofan and Blue Nile that were Heads of state of Congo, Mali, Mauritania to establish a “safe demilitarised border agreed to in late June by the parties. The (Chair), South Africa, Uganda and the zone” (SDBZ), with the forces of both par- Council expressed its readiness to con- chair of the AU Commission ties redeployed 10 kilometres from the tinue current UN operations in these areas, International Contact Group north/south borderline of 1 January 1956, with the consent of the parties. Australia; Bahrain; a rotating seat shared pending resolution of disputed border The Council held a high-level debate on by Belgium, the Netherlands and Luxem- areas and final demarcation of the border. South Sudan on 13 July; German Foreign bourg; Bulgaria; Canada; France; The SDBZ would be monitored by unarmed Minister Guido Westerwelle presided. The Germany; Greece; Italy; Japan; Jordan; observers from the parties supported by Secretary-General addressed the Council, Kuwait; Lebanon; Malta; Morocco; a UN observers, with force protection pro- as did the vice president of South Sudan, Nordic seat shared by Denmark, Norway vided by the UN Interim Security Force in Riek Machar. The head of the UN depart- and Sweden; Poland; Qatar; Spain; Abyei (UNISFA). ment of peacekeeping operations (DPKO), Turkey; United Arab Emirates; UK; USA On 7 July the president of Sudan, Omar Al- Alain Le Roy, briefed the Council on the set- and representatives from the Arab Bashir, renounced an agreement signed on up of UNMISS, as well as progress in the League, EU, GCC, NATO, OIC and the 28 June between the government of Sudan deployment of UNISFA, emphasising that UN. The AU, Brazil, China, Cyprus, and the Southern People’s Liberation the armed forces of each party are to with- Egypt, Ethiopia, India, Portugal, Roma- Movement-North (SPLM-North) on political draw from the Abyei area at the beginning nia, Russia, Senegal, South Africa, South and security arrangements in Blue Nile and of UNISFA’s deployment. With respect to Korea, Sudan, Tunisia and Ukraine Southern Kordofan states. The agreement the border agreement, Le Roy indicated attend as observers had been signed by NCP power-broker and that DPKO might be able to prepare recom- Commander for NATO Operations under presidential adviser Nafie Ali Nafie and the mendations to the Council on a UN role in Resolution 1973 governor of Blue Nile state, Malik Agar, with border-monitoring by the end of July. Lt. Gen. Charles Bouchard (Canada) the head of the AU high level implementa- tion panel, Thabo Mbeki, as witness. It Fighting continued in Southern Kordofan seems Bashir determined he was opposed with further allegations of acts amounting to Sudan and South Sudan to the SPLM-North continuing as a legal ethnic cleansing targeting the Nuba minor- political party in Sudan. ity. The Sudanese government accused Expected Council Action Southern People’s Liberation Army ele- The Council has no previously scheduled Upon the establishment of the state of ments in the Nuba Mountains, who have meetings on Sudan or South Sudan in South Sudan, the newly mandated UN Mis- refused to disarm, of instigating the current August. However, because of develop- sion in South Sudan (UNMISS) became violence. An unpublished report by the ments there members will be following the active. The Council adopted the mandate human rights section of UNMIS on the situation closely and meetings at short for this mission on 8 July. UNMISS is a human rights situation during the violence notice are possible. Chapter VII peacekeeping operation with in Southern Kordofan, which was leaked to a focus on peace consolidation and a the media on 14 July, contained first and If there is progress in ongoing negotiations strong protection of civilians dimension that second hand accounts of atrocities com- between the parties, the Council might emphasises early warning and community- mitted by the Sudanese Armed Forces, mandate in August a UN role in the border- level conflict prevention. In the resolution, including violations of international humani- monitoring arrangements agreed to in late the Council requested the parties to pro- tarian law, such as not distinguishing June by Sudan and South Sudan. pose modalities to implement the border between military and civilian targets and the The ongoing conflict in Southern Kordofan, agreement by 20 July (which did not occur). specific targeting of Nuban civilians. the potential for violence to spread into Blue The resolution stated that if a proposal was Reported human rights violations included Nile state, or any hindrance to the deploy- not received by that date UNMISS would be abductions, house-to-house searches, ment of peacekeepers in Abyei, could required to observe and report on any flow targeted killings, summary executions, sys- lead the Council to take up these issues in of personnel, arms and related materiel tematic destruction of dwellings and attacks August. across the border. on churches. The report also outlined viola- tions against the UN mission and staff, The mandate for the UN Mission in Sudan Key Recent Developments including summary execution of a UN (UNMIS) expired on 9 July, despite last- On 9 July the Republic of South Sudan national staff member, the arbitrary arrest minute diplomatic efforts from the became an independent state. Sudan was and detention of UN staff, including ill-treat- Secretary-General and Council members the first country to recognise the new ment amounting to torture, and verified to convince Khartoum to accept a contin- nation. South Sudan became the 193rd incidents of shelling close to UN property. ued UN presence at least in the states of member of the UN, following adoption of a There have been unconfirmed reports of Southern Kordofan and Blue Nile. The resolution by the Security Council recom- mass graves, including from the NGO, Sat- Council subsequently adopted a resolu- mending its membership on 13 July and a ellite Sentinel Project. subsequent decision by the General tion on 11 July to liquidate UNMIS and Assembly on 14 July. provide extended legal cover for the ongo- On 15 July the Council received a briefing ing presence of UN peacekeepers as they in consultations on the humanitarian situa- On 29 June the governments of Sudan and withdrew. The resolution also requested tion in Southern Kordofan from Valerie then-Southern Sudan signed an agreement the Secretary-General to consult with the Amos, the head of the UN Office for the on border security and a joint political and parties, the AU and other partners and Coordination of Humanitarian Affairs security mechanism, which reaffirmed present options to the Council for UN (OCHA). The president of the Council,

6 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org Permanent Representative of Germany Le Roy also said that the security situation Peter Wittig, in his remarks to the press fol- in Southern Kordofan remained alarming. lowing the consultations said that during On 28 July Council members met in consul- SECURITY COUNCIL REPORT the consultations members of the Council: tations to hear a briefing from the Assistant Monthly n expressed their grave concern over the Secretary-General of the Office of the High ongoing violence in Southern Kordofan; AUG 2011 Commissioner for Human Rights in New n FORECAST called on the government of Sudan and the SPLM-North in accordance with the York, Ivan Simonovic, on the human rights Underlying Issues 28 June framework agreement on South- situation in Southern Kordofan. Approximately one million people could be ern Kordofan to agree to an immediate Human Rights-Related rendered stateless in Sudan if its parliament cessation of hostilities, viable security Developments passes a law disallowing dual north-south arrangements and modalities for their citizenship. As it is, tens of thousands of implementation; In a press statement on 27 June issued South Sudanese remain at a number of n condemned in the strongest terms any at the end of her mission to Sudan, UN way-stations in Sudan awaiting promised violent or unlawful acts against civilians Deputy High Commissioner for Human transportation south. and UN personnel; Rights Kyung-wha Kang observed that “impunity, marginalisation and discrimi- n demanded an immediate end to threats Options of harassment and attacks on civilians nation have gripped Sudan for far too The Council could: long and have driven multiple conflicts and UN personnel; n adopt a resolution expanding the role of n stressed that those responsible for the and decades of violence.” She called on UNISFA to incorporate a force-protection violations of international human rights the government of Sudan to create a role to support unarmed border moni- and humanitarian law should be held human rights environment in Darfur and tors, mandating UN support for a accountable; across Sudan that was conducive to dis- border-monitoring mechanism and n urged all parties to respect humanitarian cussing, creating and sustaining peace. retaining a limited border-observation principles and to allow humanitarian per- She said she believed that central to role for UNMISS in disputed areas; such an environment would be the lifting sonnel timely and unfettered access to n seek a briefing from Mbeki and the spe- the affected civilian population; and of the state of emergency and guaran- cial envoy of the Secretary-General, Haile n called on all parties to refrain from unilat- teeing freedom of expression, freedom Menkerios, on the status of negotiations eral actions and encouraged the parties from arbitrary arrest and freedom of between the parties to reach a ceasefire to resolve the crisis in Southern Kordofan association. “The broad powers granted in Southern Kordofan and implementa- peacefully. to the National Intelligence and Safety tion of the remaining aspects of the CPA; Service to arrest and detain for long peri- n seek follow-up briefings from OCHA on Wittig explained that the remarks to the ods must be brought in line with the the humanitarian situation in Southern press did not constitute a formal press international conventions that Sudan Kordofan; and statement, as the Council had wanted to has ratified,” said Kang. n issue a formal response to the situation in respond to the briefing in a timely way and Southern Kordofan either by picking up negotiations on a more formal statement Key Issues the draft presidential statement that was would have resulted in a delay. A key issue is the increasing number of being considered following the outbreak unofficial reports of atrocities in Southern of violence in early June or issuing a The Secretary-General requested the UN Kordofan. A related issue is keeping abreast press statement. High Commissioner for Human Rights to of developments in Blue Nile state, given send a fact-finding mission to Southern Kor- the risk of violence spreading. Council Dynamics dofan. It is expected to deploy at the end of Given the current budget environment for July or early August. A second possible issue for the Council in many Council members, it can be expected August might be the possible scope, size that several Council members would raise On 27 July Le Roy briefed the Council on and duration of UN assistance to a border- questions over the number of troops the deployment of UNISFA. His briefing monitoring mechanism. covered several issues regarding getting required for a border-monitoring protection the deployment of the force to full strength, A related issue for Council members is force. Likewise, many Council members including the need to build new team sites, information about progress in negotiations would want at least an understanding of impediments to transport owing to the rainy between the parties on the outstanding what benchmarks might be needed for the season and the lack of a signed status-of- aspects of the Comprehensive Peace completion of such a mission. forces agreement. Le Roy also informed the Agreement (CPA), including on Abyei, on It seems that many Council members did not Council of the political impasse between economic arrangements and wealth-shar- consider it helpful to include in the UNMISS the parties on forming the Abyei Area ing and citizenship criteria—all of which resolution a strict and early deadline for administration to which they each need to could have a significant impact on the sta- the parties to propose modalities on the nominate two mutually acceptable repre- bility of the security relationship between implementation of the border-monitoring sentatives. Le Roy’s briefing also touched Sudan and South Sudan and the humani- arrangements which did not reflect the pace upon the humanitarian situation in Abyei, tarian situation in the region. of the negotiations between the parties. noting 113,000 persons remained dis- A further issue for the Council is whether the placed; and noted that the Office of the The Council seems divided still over the parties are fulfilling their agreement on High Commissioner for Human Rights is ongoing violence in Southern Kordofan. A Abyei by withdrawing their armed forces planning to conduct an assessment mis- number of Council members seem to want upon the deployment of UNISFA. sion in Abyei to take stock of recent events.

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 7 the Council to speak formally on this issue, Kosovo and the acceptance of university and either through a press statement or a presi- school diplomas. This outcome built on dential statement. It is clear that the expiry Expected Council Action discussions in previous meetings, held in of the UNMIS mandate will hamper getting In August the Council is expecting a debate March, April and May. The next round of information on the security and human on the situation in Kosovo. technical talks is expected in September. rights situation from the peacekeepers. Following the July talks, some Kosovo Some argue that the Council should not Key Recent Developments Serbs opposed the agreements, claiming take concrete actions in the absence of The Council held an urgent meeting on ten- that they reinforced Kosovo’s claims to such reports. sions in northern Kosovo on 28 July, following a Russian-backed Serbian request statehood. Some 600 Kosovo Serb repre- UN Documents after an outbreak of violence along the sentatives met in Mitrovica on 4 July to call Kosovo-Serbia border. At the time of writing on Serbia to stop its talks with Kosovo and Security Council Resolutions it appeared that the Council would be briefed to end its cooperation with EULEX. The • S/RES/1999 (13 July 2011) recom- by the Department of Peacekeeping Opera- representatives approved a document mended to the General Assembly that tions on the situation. It was unclear whether that described the negotiated agreement South Sudan be admitted as a mem- or not an open meeting would be held. Ser- as an act of “national treason and against ber of the UN. bian Foreign Minister Vuk Jeremić was state interests.” • S/RES/1997 (11 July 2011) liquidated expected to meet with Secretary-General Belgrade rejected calls to end the dialogue UNMIS. Ban Ki-moon following the consultations. • S/RES/1996 (8 July 2011) established with Pristina. Serbian Minister for Kosovo UNMISS. One Kosovo officer was killed on 26 July Goran Bogdanović said in a 12 July state- • S/RES/1990 (27 June 2011) estab- after Kosovo police seized two border ment that Belgrade would not withdraw lished UNISFA. posts, Brnjak and Jarinje, along the frontier from the dialogue and that talks were the with Serbia in order to try to enforce a newly only means to solving problems faced by Council Meetings instituted trade embargo against all Serbian Serbs, along with the issue of Kosovo’s sta- • S/PV.6593 (27 July 2011) was a brief- products. The embargo was imposed on 20 tus. Bogdanović said that the agreements ing on UNISFA. July in retaliation for Serbia’s refusal to reached in Brussels did not prejudice the • S/PV.6583 (13 July 2011) was a high- recognise Kosovo’s documents and cus- status of Kosovo in any way, stressing that level debate on South Sudan. toms stamps. (Kosovo also introduced a 10 Serbia would never recognise an indepen- • S/PV.6579 (11 July 2011) was the percent tax for imports from Bosnia which dent Kosovo. Currently 77 UN member meeting at which the Council liqui- also blocks exports from Kosovo.) On 21 states have recognised Kosovo. dated UNMIS. July Serbia said it would ask the European Serbia continues to call for an international Commission and UN to mediate the inquiry into the allegations implicating Other Relevant Facts dispute. Serbian President Boris Tadić, Kosovo rebels in the trafficking of human commenting on the events on 26 July, said UNMISS: Special Representative of the organs in the late 1990s. The allegations, Secretary-General and Head of Mission that Belgrade will not use force to resolve initially presented in a December 2010 the conflict. Commander of NATO’s Kosovo Hilde Frafjord Johnson (Norway) report by Dick Marty, rapporteur for the force, KFOR, Erhard Bühler, met with lead- Parliamentary Assembly of the Council of UNMISS: Size and Duration ers in northern Kosovo on 27 and 28 July in Europe (PACE), allege that Prime Minister Maximum authorised strength: up to an attempt to ease tensions. On 27 July Hashim Thaçi had been involved in organ- 7,000 military and 900 police NATO took control of the two border posts. Duration: 9 July to present; mandate ised crime, including drug trafficking and expires 9 July 2012. The EU and US on 26 July criticised the the illegal trafficking of human organs, dur- Kosovo operation, saying that the govern- ing his time as a Kosovo Liberation Army UNISFA: Force Commander and Head ment should have consulted with its leader. PACE, on 25 January called for an of Mission Western allies who have troops on the investigation of allegations of inhuman Lt. Gen. Tadesse Werede Tesfay ground and called on Pristina and Belgrade treatment of people and illicit trafficking in (Ethiopia) to restore calm. The US Department of organs based on the Marty report. UNISFA: Size, Composition and Duration State issued a statement urging both sides On 23 June Russia circulated a draft Secu- to refrain from the use of violence and urg- Maximum authorised strength: rity Council resolution on behalf of Serbia ing both parties to “return to the negotiating up to 4,200 military and 50 police that requested the creation of an ad-hoc table immediately”. Estimated troops deployed by 31 July: mechanism, under the authority of the 1,200 military personnel At the most recent round of EU talks Security Council, to investigate allegations Troop contributor: Ethiopia between Kosovo and Serbia, held on 2 of trafficking of human organs in Kosovo. Duration: 27 June to present; mandate July in Brussels, agreements were reached Council members have since met for sev- expires 27 December for the first time in several areas: on civil eral rounds of consultations on the draft, Special Envoy of the Secretary-General registry and freedom of movement (the which has been subsequently amended. on Sudan and South Sudan parties agreed to allow freedom of move- Consultations on the text are expected to Haile Menkerios (South Africa) ment of respective citizens who carry continue. Previously, on 19 April, Serbia identity cards or driving licenses issued by had circulated a letter and concept note the other side, but excluded passports) sent to the Secretary-General requesting the creation of the investigative mechanism.

8 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org On 6 July, Serbia submitted a draft resolu- Key Issues tion to the Organisation for Security and A key issue is whether Council members Co-operation in Europe (OSCE) Parliamen- will use the opportunity in August to rein- SECURITY COUNCIL REPORT tary Assembly (PA) entitled “Combat against force the need for further progress in the Monthly illegal human organ trafficking,” which technical talks. requested a “comprehensive and indepen- AUG 2011 An underlying issue continues to be a divi- FORECAST dent international investigation under UN auspices and mandate into kidnappings sion in the Council over the end point of the process and the long-term status of Kosovo. Russia also supports the involvement of and crimes that were aimed at removing UNMIK. China also favours the option of a and selling human organs” in Kosovo in The allegations presented in the Marty UN-mandated investigative mechanism. 1999. The draft resolution called on EU and report remain an issue and Serbia’s request UN missions and relevantinternational insti- for the establishment of a UN investigative On the issue of the status of Kosovo, the tutions to cooperate in investigating mechanism continues to be controversial. Council remains divided. allegations and submitting information. Options UN Documents On 9 July, the OSCE PA subsequently One option is simply to receive the briefing Security Council Resolution adopted a resolution recommending the and hold a debate, allowing each country to • S/RES/1244 (10 June 1999) autho- establishment of closer co-operation, state its positions, as in recent practice. including exchange of information, and rised NATO to secure and enforce the more efficient actions by the institutions of A second more proactive option is to adopt withdrawal of Yugoslav forces from the OSCE-participating states in combating a statement following up in more detail dis- Kosovo and established UNMIK. illicit trade in human organs. It also called for cussions in the consultations on 28 July Latest Secretary-General’s Report a comprehensive investigation of abduc- and addressing the need for such issues to • S/2011/281 (3 May 2011) tions and crimes connected with the be resolved by negotiations rather than uni- removal and sale of human organs allegedly lateral action by either side. It could also Other committed in Kosovo during the armed con- welcome the agreements made in recent • OSCE PA Resolution AS (11) Res 18 E flicts in the territory of the Federal Republic technical talks and encouraging continuing (9 July) recommended the establish- of Yugoslavia in 1999 and immediately after- dialogue on the issues between the parties. ment of closer co-operation and more wards and invited full co-operation with the efficient actions by the institutions of Another option would be to include in any UN Mission in Kosovo (UNMIK) and the EU the OSCE-participating states in com- statement language addressing the organ Rule of Law Mission in Kosovo (EULEX), as bating illicit trade in human organs. trafficking allegations and expressing sup- well as the relevant national institutions. • S/2011/363 (14 June 2011) was the port for prompt and thorough investigation letter transmitting the most recent The last briefing to the Council on the situa- and deciding to keep it under review. report on the NATO force in Kosovo, tion in Kosovo was on 12 May. Special A fourth option would be to request the KFOR, covering the period 1 January representative to the Secretary-General Secretary-General to initiate an investiga- to 31 March. Lamberto Zannier stated that he supported tion using UN resources. • S/PV.6534 (12 May 2011) was the the call by the Council of Europe’s Parlia- most recent debate on Kosovo. mentary Assembly for a thorough, impartial Council Dynamics • S/2011/256 (19 April 2011) was the let- and independent investigation into allega- Council members were divided on whether ter from Serbia to the Secretary-General tions of inhumane treatment of people and the 28 July meeting on the situation in requesting the creation of an ad-hoc illicit trafficking of human organs in Kosovo northern Kosovo was warranted. Russia mechanism to conduct a criminal inves- and said UNMIK “remains fully available to strongly supported Serbia’s call for the tigation into allegations of trafficking of cooperate with such an investigation.” Zan- meeting, while the US and UK felt the issue human organs in Kosovo. nier also stressed that the EU-mediated could wait until the Council’s regular debate • PACE Resolution 1782 (25 January talks between Kosovo and Serbia are of on Kosovo in August. 2011) was on investigating allegations crucial importance. All Council members seem to agree that the of inhumane treatment of people and Human Rights-Related allegations concerning organ trafficking illicit trafficking in human organs in Developments brought forth in the Marty report are serious Kosovo. • A/64/L.65/Rev.1 (8 September 2010) On 25 May, the Political and Security and necessitate further investigation and prosecution of perpetrators. was the General Assembly resolution Committee of the EU formally approved welcoming EU-mediated talks the establishment of a task force to inves- Some Council members, including the US, between Serbia and Kosovo. tigate alleged crimes in Kosovo and UK, France and Germany, feel that EULEX, • A/64/876 (27 July 2010) was the letter Albania after the Kosovo war. The special and not the Council, should oversee inves- from Serbia to the Secretary-General investigation is charged with examining tigations into the allegations. outlining Serbia’s position concerning allegations of abductions, disappear- the International Court of Justice (ICJ) Russia supports the Serbian request for ances, executions, organ trafficking and advisory opinion. the establishment of an ad-hoc UN investi- other serious crimes and will examine the • A/64/881 (26 July 2010) was the ICJ gative mechanism and feels that EULEX alleged involvement of former com- advisory opinion on the accordance with currently does not have the capacity nec- manders of the Kosovo Liberation Army international law of the unilateral declara- essary to undertake an investigation and and current Kosovo leaders, including tion of independence by Kosovo. Prime Minister Hashim Thaçi. ensure adequate witness protection.

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 9 peacebuilding. This was the culmination The one peacekeeping briefing in 2011 Other Relevant Facts of a process involving a series of discus- to date was by Le Roy and Malcorra in Special Representative of the sions that began in early 2009 and led to a February. It focused on the issue of national Secretary-General growing recognition of the inter-linkage consent by the host country. Vacant at press time and overlap between preventive diplo- macy, peacekeeping and peacebuilding. Key Issues UNMIK An issue for the Council is whether to have (Resolution 1996 establishing UNMISS for a more generic presidential statement on Size of mission: 421 South Sudan shows some concrete evi- peacekeeping or whether to try to focus on Cost: $44.915 million (1 July 2011- 30 dence that some of the lessons learnt from taking forward a small number of specific June 2012 budget) that process are being implemented.) KFOR (NATO force) issues which are of concern to some mem- On 12 February 2010, the Council held a bers, such as the TCC/PCC question. Force commander: Maj. Gen. Erhard debate on transition and exit strategies for Bühler (Germany) Another issue is whether the significant dif- UN peacekeeping operations. It adopted a Size of mission: 8454 Troops (as of 7 ferences which emerged earlier this year in presidential statement committing itself to November 2010) the Special Committee on Peacekeeping ensuring successful transitions by develop- Operations (C34) and the General Assem- ing clear, credible mandates matched by bly’s Fifth Committee over troop cost appropriate resources. reimbursement levels will have an impact Peacekeeping Another significant debate on peacekeeping on this debate. In the current financial cli- took place on 5 August 2009 under the UK mate the costs of peacekeeping are never Expected Council Action presidency. During that debate the Council far from the surface. The Council is expected to have an open adopted a presidential statement identifying debate in late August on peacekeeping. the need for better integrating peacekeeping Options This will be the first thematic peacekeeping One option is a more general presidential and peacebuilding and more meaningful debate in 2011. Among the wide range of statement covering a range of peacekeep- engagement with TCCs/PCCs, as well as issues likely to be covered are the relation- ing issues and perhaps bringing together increased interaction with the Secretariat. ship between troop and police-contributing the generic peacekeeping concepts that (While the latter theme was well followed up (TCCs/PCCs) and UN bodies and the issue have been discussed over the last few years. in 2010 the TCC/PCC theme was not. And of resources for missions. some TCCs are critical of the Council’s fail- Another option is a presidential statement India, August Council president and one ure to implement the good intentions in focused on more specific issues such as of the leading troop-contributors, is practice. The crisis in Côte d’Ivoire in early the TCC concerns. One possibility is for the expected to circulate a concept note in 2011 is cited by some as an example of Council to try and negotiate more satisfac- early August. A presidential statement is where the Council could and should have tory arrangements. However, the summer also a possible outcome. done more to engage with TCCs.) The 2009 absences in August might make this diffi- presidential statement also led to the estab- cult. The Council could therefore request Key Recent Developments lishment of a practice of holding regular the Secretary-General to consult indirectly On 27 July the force commanders of the UN thematic peacekeeping briefings in 2010. with all of the key TCCs and each of the Mission in Liberia (UNMIL), the UN Interim The first was on 17 February, when Under-­ Council members, and bearing in mind the Force in Lebanon (UNIFIL), the UN Stabili- Secretary-Generals for Peacekeeping experience from Côte d’Ivoire, produce rec- sation Mission in the Democratic Republic Operations, Alain Le Roy, and Field Support, ommendations by the end of the year on of the Congo (MONUSCO) and the AU/UN Susana Malcorra, briefed Council members how the Council, the TCCs and the Secre- Hybrid Operation in Darfur (UNAMID) following the 12 February peacekeeping tariat could interact more effectively and briefed the Council. The UN Military Adviser, debate. The next briefing was on 27 May and efficiently to ensure that TCC engagement Lieutenant General Babacar Gaye, also covered areas ranging from the extension of is enhanced. Other options include: participated. The force commander from peacekeeping missions to capabilities and n requesting the Secretary-General to sub- MONUSCO briefed on the impact of “condi- gaps in peacekeeping. mit to the Council Working Group on tionality policy” on operations, the force Peacekeeping a lessons-learnt exercise commander from UNAMID talked about In August, Council members held a debate based on the experience of setting up the protection of civilians in a non-permissive and were briefed by Le Roy and the force UN mission in South Sudan; or environment, the force commander from commanders of UNMIL, MONUSCO, n requesting the Department of Peace- UNIFIL talked about safety concerns in UNMIS and the UN Stabilisation Mission in keeping Operations to provide regular southern Lebanon and its impact on opera- Haiti (MINUSTAH), as well as the chief of briefings to the Working Group on tions, and the force commander from staff of the UN Truce Supervision Organisa- Peacekeeping. UNMIL briefed on inter-mission coopera- tion (UNTSO). tion between UNMIL and UNOCI. The final 2010 peacekeeping consultations Council Dynamics With Council members occupied with so The last Council high-level debate on on 24 November included a briefing by Le many crisis situations in the first six months peacekeeping was on 23 September Roy and Malcorra and a discussion of the of the year, capacity for driving Council 2010 and it focused on better integrating overlap between peacekeeping and peace- peacekeeping reforms—even from such the Council’s core tools in addressing building, writing better mandates, balancing members as France and the UK, initiators of peace and security—preventive diplo- mandates with resources and ways to the review of the Council’s role in peace- macy, peacemaking, peacekeeping and include peacebuilding tasks in mandates. keeping in 2009—has waned significantly.

10 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org Looking ahead, a number of members Somalia including Lebanon (the Council president in September) appear to be keen to pay Expected Council Action SECURITY COUNCIL REPORT greater attention to prevention. The Council expects in August a briefing on Monthly Somalia, to be followed by consultations, However, some situations on the Council’s from the Secretary-General’s Special Rep- AUG 2011 agenda such as South Sudan have allowed FORECAST resentative for Somalia, Augustine Mahiga. members who have been keen on improv- Among the issues Mahiga is likely to focus ing the framework for peacekeeping to put on are the roadmap for the implementation Lebanon into practice some of the concepts that of the June Kampala accord and the prepa- have been discussed in recent years, Expected Council Action rations for the consultative meeting of the including the need to initiate peacebuilding In August the Security Council is expected stakeholders in Somalia to discuss the activities in the early stages of planning a to extend the UNIFIL mandate for a further roadmap. The impact of the famine peacekeeping mission. year. This is the fifth renewal since the ces- declared in parts of the country is also likely sation of hostilities between Lebanon and to be discussed. Most permanent members are still driven to Israel in 2006. Given the increased tension a large extent by a desire to keep down the At press time it was unclear if Mahiga will and an uncertain political climate in the cost of peacekeeping. But the dynamics brief in person or by videoconferencing and region and the recent attacks on UNIFIL it is are also affected by the fact that a number whether there would be an outcome. possible that the resolution will contain ele- of elected members, including India and ments reflecting these developments. Nigeria, are significant contributors of Background peacekeepers, and remain concerned The Consultative Meeting on Ending the A meeting with troop-contributing coun- about improving the framework for peace- Transition is being planned by a preparatory tries, including a possible briefing by keeping rather than trimming it. committee, comprising representatives from UNIFIL’s force commander, is likely prior the Transitional Federal Government, Transi- to the adoption. The mandate expires on UN Documents tional Federal Parliament and the regions of 31 August. Puntland and Galmudug. It will be a follow- Security Council Resolutions Key Recent Developments up to the 9 June Kampala accord on • S/RES/1353 (13 June 2001) contained On 27 July the force commander of the UN transitional issues that broke a long stale- a statement of cooperation and cate- Interim Force in Lebanon (UNIFIL) briefed mate between key actors within the gories of consultation with TCCs. the Council during an interactive meeting transitional institutions. It is hoped that the • S/RES/1327 (13 November 2000) on UN peacekeeping operations. He talked meeting will take place by 20 August, the adopted the decisions and recom- about safety concerns in southern Lebanon originally envisaged date for ending the tran- mendations of the report of the Panel and its impact on operations. sitional period, in a location within Somalia. on UN Peace Operations. On 26 July the Council issued a press state- A key issue for the Council will be the role it Presidential Statements ment condemning an attack on a UNIFIL could play in encouraging maintaining the • S/PRST/2010/18 (23 September 2010) convoy. Earlier that day, a bomb exploded momentum that appears to have emerged reaffirmed the Council’s primary on a road regularly travelled by UNIFIL, towards ending the transitional period and responsibility for the maintenance of injuring six French peacekeepers. Leba- consolidating the political process. international peace and security and nese Prime Minister Najib Mikati the need for a more comprehensive UN Documents condemned the attack. (It follows a similar and concerted approach. attack on 27 May.) • S/PRST/2010/2 (12 February 2010) Security Council Resolution On 21 July Michael Williams, the Special focused on peacekeeping exit and • S/RES/1972 (17 March 2011) Coordinator for Lebanon, briefed the Coun- transition strategies. extended the humanitarian asset cil in informal consultations on the • S/PRST/2009/24 (5 August 2009) set freeze exemption for another 16 Secretary-General’s latest 1701 report. He out future areas for improvement in months. peacekeeping. said the cessation of hostilities was holding Presidential Statements despite the 15 May Al-Nakba protests when Meeting Records • S/PRST/2011/13 (24 June 2011) the Israeli army used direct fire against • S/PV.6389 (23 September 2010) was welcomed the signing of the Kampala demonstrators approaching the technical the summit meeting on peace and Accord. fence before employing other crowd-con- security. • S/PRST/2011/6 (10 March 2011) trol measures. He also signalled concern • S/PV/6370 (6 August 2010) was the stressed the need for a comprehen- that the Syrian situation might spark inter- meeting with force commanders. sive strategy for Somalia. religious clashes in Lebanon. • S/PV.6270 and resumption 1 (12 Feb- ruary 2010) was on transition and exit Other Relevant Facts On 16 July Mikati visited UNIFIL headquar- strategies. ters (he is the first premier to ever do Special Representative of the so) expressing support for UNIFIL and Other Secretary-General stressing the Lebanese government’s • A/65/680 and A/65/689/Add.1 was the Augustine Mahiga (Tanzania) commitment to the implementation of Secretary-General’s report on imple- resolution 1701. mentation of the recommendations of the C34.

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 11 In early July Israel deposited its proposed recent discovery of underwater natural gas UNIFIL, Lebanese and Israeli forces to coordinates with the UN for the maritime reserves and heightened rhetoric between manage any possible security dimensions boundary with Lebanon. Lebanon depos- Israel and Lebanon over their respective that may arise due to current tensions. ited its proposed coordinates on 9 July and national rights to such natural resources. 11 October 2010. The disputed maritime Regarding the Tribunal, there are no boundary has become a point of tension The crisis is Syria is also likely to delay any immediate issues for the Council. How- recently with Lebanon’s new government resolution to the issues of Ghajar and ever, given the ambiguous language in indicating that any unilateral measures by Sheb’a Farms, both unimplemented dimen- the Lebanese ministerial statement on the Israel in the disputed area (approximately sions of resolution 1701. Tribunal the issue may come to fore in the coming months. 850 square kilometres) might be consid- The security arrangements for an Israeli ered aggression. Lebanon is a party to the military withdrawal from northern Ghajar to Council Dynamics UN Convention on the Law of the Sea; Israel redeploy south of the Blue Line have been Council members agree that UNIFIL contin- is not. completed. However, progress seems to ues to be an important stabilising factor between Israel and Lebanon—especially in On 7 July the new Lebanese government have been suspended by Israel after the light of the current developments in the agreed on a ministerial statement that: collapse of the Lebanese government in January. Ghajar is a village straddling the region. Most seem to accept that continued n stated Lebanon’s commitment to resolu- tion 1701; Blue Line, parts of which extend into Leba- quiet in southern Lebanon may be the only nese territory. Its residents are Syrian achievable goal in the medium term. n but contrary to resolution 1701 the state- (mostly Alawite) who after Israel’s annexa- ment effectively allows Hezbollah to Many Council members (Brazil, China, tion of the Golan Heights in 1981 were continue as an armed force, citing its France, Germany, India, Nigeria and Portu- granted Israeli citizenship. Lebanon admin- resistance role; and gal) are troop-contributing countries to istered the area from 2000 to 2006. n regarding the Special Tribunal for Leba- UNIFIL. All are likely to have interests in the non—the statement says “the government Regarding Sheb’a Farms, Syria has linked security and freedom of movement of respects international resolutions…and… it to the wider issue of an Israeli withdrawal peacekeepers. India during its presidency will follow [the Tribunal’s] progress… from the Golan Heights. Another compli- in August intends to focus on peacekeep- which was established to achieve…jus- cating factor is that the Farms are part ing and relations with TCCs. tice, without politicization…and without of the UN Disengagement Force’s area On the issue of the Lebanese government’s impact on Lebanon’s stability”. of operations. ministerial statement, most Council mem- On 30 June the Tribunal transmitted a Other issues include the regular Israeli over bers welcome Lebanon’s commitment to its sealed indictment and arrest warrants to the flights and the fact that Hezbollah maintains international obligations. Commitment to Lebanese government. However, the iden- significant military capacity in violation of resolution 1701 was reiterated by Leba- tities of the indicted were leaked in the resolutions 1559 and 1701. non—an elected member of the Council—in Lebanese press which reported four a 22 June letter to the Council and made names—seemingly all Hezbollah mem- Options explicit in the ministerial statement. How- Options available to the Council include: bers. Lebanon has thirty days to arrest the ever, the comfort level among Council n given the attacks on UNIFIL to reenergise suspects at which point the Tribunal may members on implementation of the resolu- its working processes vis-à-vis troop- publically call on them to surrender. (The tion by the new government, both on the contributing countries (TCCs), perhaps Tribunal issued international arrest war- Tribunal and in terms of allowing Hezbollah by inviting TCCs to meet with the Council rants to Interpol on 8 July.) to continue as an armed force, is not high. Working Group on Peacekeeping prior to On 2 July the head of Hezbollah, Hassan the formal meeting; Many Council members have repeatedly Nasrallah, said no power would be able to n simply renewing the UNIFIL mandate as emphasised the importance of the Tribu- arrest the four who were indicted. it currently stands for another year; nal’s independence. If Lebanon does not Key Issues n renewing the mandate with new ele- cooperate with the Tribunal then some may A key issue for the Council in the current sit- ments on the security of UN peacekeepers consider it necessary to address that devel- uation is persuading Israel and Lebanon to and the need to respect their freedom of opment in some way. movement; and move from the status quo of the last five Lebanon is likely to be uneasy about any n reenergised Council language address- years—cessation of hostilities—toward a ing the key issues with the goal of calming deviation from past practices when it comes formal ceasefire and permanent solution. the situation. to the UNIFIL renewal or addressing Tribu- But progress seems more remote than ever. nal issues in the Council. In regard to the Israeli-Lebanese maritime Peacekeeper’s freedom of movement so boundary, Lebanon has suggested assign- Most Council members agree that arms that UNIFIL may fulfil its mandate is cur- ing UNIFIL the task of installing a buoy smuggling and disarmament remain key rently a major issue, especially given the line based on international law. However, concerns but seem to accept that progress bomb attacks on 26 July and 27 May. UNIFIL is not mandated or technically is only likely in the context of an inter-Leba- A further issue is the lack of an established equipped to deal with such legal issues. An nese dialogue and improvement on the maritime boundary between Israel and Leb- option for the Council is to request the Israel-Syria track, which at this juncture anon. (Israel unilaterally installed a buoy International Court of Justice to provide an seems unlikely any time soon. line which Lebanon does not recognise.) advisory opinion on the issue and to indi- France is the lead country on Lebanon in This issue is gaining importance given the cate some provisional measures to assist the Council. the existing tripartite mechanism between

12 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org UN Documents Duration Security Council Resolutions March 1978 to present; mandate expires 31 August 2011 SECURITY COUNCIL REPORT • S/RES/1937 (30 August 2010) Monthly renewed UNIFIL until 31 August 2011. Cost • S/RES/1757 (30 May 2007) estab- 1 July 2010 to 30 June 2011: $518.71 AUG 2011FORECAST lished the Special Tribunal for million (A/C.5/65/15) Lebanon to investigate the February flag of Belize. Belize gave permission for the 2005 assassination of former Leba- ship to be boarded, but the crew refused nese Prime Minister Rafiq Hariri and and after several days the ship turned back 22 others. DPRK (North Korea) without being searched. Samore said that • S/RES/1701 (11 August 2006) called Expected Council Action the ASEAN nations (including Myanmar) for a cessation of hostilities between In August the Council is expected to receive had cooperated to encourage the DPRK to Hezbollah and Israel. a briefing from the chair of the DPRK Sanc- recall the ship. • S/RES/1680 (17 May 2006) strongly tions Committee. No Council decision was encouraged Syria to delineate its The DPRK assumed the presidency of the expected at time of writing. common border with Lebanon. UN Conference on Disarmament in Geneva • S/RES/1559 (2 September 2004) Key Recent Developments on 28 June. (The presidency of the confer- urged the disarmament of all militias Democratic People’s Republic of Korea ence rotates on an alphabetical basis.) The and extension of the Lebanese gov- (DPRK) Vice Foreign Minister Ri Yong-ho DPRK, whose presidency will run until 19 ernment’s control over all Lebanese and Republic of Korea (ROK) Nuclear Envoy August, said it was prepared to participate territory. Wi Sung-lac held talks on the sideline of an in nuclear disarmament discussions in the context of the conference. However, sub- Security Council Press Statement ASEAN conference in Bali on 22 July. After the meeting, Ri said the purpose was to stantive talks appeared unlikely. Canada • SC/10341 (26 July 2011) and work toward a resumption of six-party talks. announced on 11 July that it would tempo- SC/10264 (27 May 2011) condemned Wi said the parties had agreed to make joint rarily withdraw from the conference to the attacks on UNIFIL convoys. efforts toward denuclearisation and to set protest the DPRK’s leadership position. Security Council Letters conditions to resume six-party talks. On 24 The EU announced on 4 July that it had July US Secretary of State Hillary Rodham • S/2011/400 (22 June 2011) was a negotiated an agreement with the DPRK to Clinton announced the US had invited position paper by Lebanon on imple- establish a monitoring mechanism to DPRK Vice Minister Kim Kae-gwan to New mentation of resolution 1701. ensure that aid was delivered directly to York in late July. Kim will apparently meet Latest Secretary-General’s Reports those individuals who are most vulnerable, with a number of US officials for discussions • S/2011/406 (1 July 2011) was on such as children under age five, pregnant on a return to six party talks. resolution 1701. and breast-feeding women, the sick and • S/2011/258 (19 April 2011) was on On 10 June the Council extended the man- the old. The agreement came after an EU resolution 1559. date of the Panel of Experts that supports mission found that food rations distributed the DPRK Sanctions Committee until 12 by the DPRK, which two thirds of its popula- Other Relevant Facts June 2012. Resolution 1985 requested that tion rely on, had been cut from 400g of the Panel submit to the Council a midterm cereals per person per day in early April Special Coordinator for Lebanon report on its work by 12 December and a to 150g in June, or only a fifth of the daily Michael Williams (UK) final report upon termination of its mandate. average nutritional requirement. EU Com- Special Envoy for the Implementation of The Panel was asked to provide each of missioner for International Cooperation, Security Council Resolution 1559 these reports to the Committee a month Humanitarian Aid and Crisis Response Terje Roed-Larsen (Norway) before they are submitted to the Council in Kristalina Georgieva said that if it were dis- order to allow for a discussion. In addition, covered that aid was being diverted from UNIFIL Force Commander the Panel is requested to provide the Com- the intended recipients the commission Maj. Gen. Alberto Asarta Cuevas (Spain) mittee with a programme of work within 30 would not hesitate to end the aid. (While Size and Composition of UNIFIL as of 31 days of its appointment. (The Secretary- humanitarian groups have warned that up May 2011 General informed the Council on 27 June to 6 million DPRK citizens face severe food Authorised: 15,000 troops that he had reappointed the individuals on shortages in eastern and northern prov- Current: 11,832 military personnel the Sanctions Committee’s Panel of Experts inces, donors remain concerned about the Troop Contributors: Bangladesh, after consulting with the Committee and the risks of diversion of supplies by the regime.) Panel submitted its programme of work in Belarus, Belgium, Brazil, Brunei, Cambo- US Joint Chiefs of Staff Chairman Michael mid-July.) dia, China, Croatia, Cyprus, Denmark, Mullen arrived in China on 10 July for talks El Salvador, France, FYR of Macedonia, Gary Samore, the US White House special with his counterpart, Chinese People’s Lib- Germany, Ghana, Greece, Guatemala, assistant on arms control, said on 13 June eration Army General Staff head Chen Hungary, India, Indonesia, Ireland, Italy, that a US navy ship had intercepted a ship Bingde. Mullen told reporters that recent Malaysia, Nepal, Nigeria, Portugal, traveling from the DPRK to Myanmar on 26 DPRK provocations are potentially more Qatar, Republic of Korea, Serbia, Sierra May. The ship, the M/V Light, was flying the dangerous than in the past. He said it would Leone, Slovenia, Spain, Sri Lanka, continue to be very important for China to Tanzania and Turkey

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 13 exercise its influence with the DPRK leader- some tensions exist. The Committee Useful Additional Sources ship. During a visit to the ROK that followed, remains at odds over the Panel’s most Strangers at Home: North Koreans in the Mullen praised the ROK leadership on 14 recent report, including whether to publish South, Asia Report No. 208, International July for showing restraint in the face of prov- it and whether to implement its recommen- Crisis Group, 14 July 2011. ocations last year. He also cautioned that dations (such as naming additional entities the DPRK should not mistake restraint for to the sanctions list). Andrew Marble, “Political Change in the lack of resolve and warned of a strong DPRK: An Interview with Stephan Haggard The permanent members who have been response to any future attack. and Daniel Pinkston,” Policy Q&A No. 12, involved in the six-party talks process seem Asia Policy, July 2011. On 12 July DPRK leader Kim Jong Il and his to prefer the cautious approach with the son and assumed successor, Kim Jong Un, Council. Many Council members continue to met with visiting Chinese delegates, includ- be concerned by reports of DPRK efforts to ing Vice Premier Zhang Dejiang. circumvent sanctions measures (the August UN Office in Central Africa briefing appears likely to cover at least two (UNOCA) Key Issues new reported sanctions violations). An ongoing issue is weighing the benefit of Expected Council Action holding off on discussion in the Council of UN Documents In August, Council members will hold con- the underlying issues regarding the DPRK. sultations with the special representative of This remains problematic for Council mem- Security Council Resolutions the Secretary-General and head of the UN bers both at the Council and sanctions • S/RES/1985 (10 June 2011) extended Regional Office for Central Africa (UNOCA), committee levels. The Sanctions Commit- the mandate of the Panel of Experts Abou Moussa. The Council is due to receive tee still has on its agenda whether, and that supports the DPRK Sanctions the first Secretary-General’s report on when, to implement some or all of the rec- Committee until 12 June 2012 and UNOCA in August. asked the Panel to provide its midterm ommendations made in the last panel of Background on UNOCA experts report. and final reports to the committee a On 11 December 2009, the Secretary- month before they are submitted to General advised the Council of his intention A related issue is whether the cautious the Council, in order to allow for a to establish UNOCA. After eight months approach in the Council enhances the pos- discussion. delay, the president of the Council sibility of the DPRK and others reengaging • S/RES/1928 (7 June 2010) extended responded on 30 August 2010 that the in the six-party talks process or not. It is the mandate of the Panel of Experts Council considered that the mission should unclear whether the sanctions regime is that assists the DPRK Sanctions be established with a two-year mandate, to helpful in prompting a change in behaviour Committee until 12 June 2011. be reviewed after 18 months. on the part of the DPRK. • S/RES/1874 (12 June 2009) con- Underlying Problems demned the DPRK’s 25 May 2009 Key Recent Developments Key underlying problems are the refusal of underground nuclear test, expanded On 2 March, the UN inaugurated UNOCA, the DPRK to abide by Council resolutions the existing arms embargo and autho- located in Libreville, Gabon, to support cen- relating to its nuclear programme and the rised inspection of cargoes to and tral African nations in consolidating peace, perception by many in the international from the DPRK, as well as vessels on preventing conflict and tackling cross- community that the DPRK tries to maximise the high seas, and provided for the border arms-trafficking and organised leverage by reengaging in, and disengag- creation of a panel of experts to assist crime. UNOCA is also charged with coordi- ing from, negotiations at will. the Committee. nating UN efforts in the region against • S/RES/1718 (14 October 2006) armed groups, such as the Lord’s Resis- Options expressed grave concern over tance Army (LRA). Options for the Council include: the DPRK’s nuclear test, imposed n refraining from public action at present sanctions and set up a sanctions The Secretary-General announced his while allowing the Committee to continue committee. intention to appoint Moussa as head of discussing the possible implementation UNOCA on 11 March. On 3 June, Moussa Security Council Letter of recommendations contained in the last briefed the Council prior to his deployment, Panel of Experts report; • S/2011/391 (27 June 2011) notified giving the Council the opportunity to the Council that the Secretary-General n encouraging the Committee to act on exchange views with him on the missions’ some of the recommendations made by had reappointed the panel of experts priorities and expectations. the Panel; or that supports the committee’s work. On 21 July, the Council held a private meet- n issuing a statement in response to the Latest Sanctions Committee Annual ing on the LRA. In the following press DPRK’s uranium enrichment activity and Report statement the Council requested UNOCA to continued non-compliance with Council • S/2011/84 (18 February 2011) facilitate cooperation between the UN and resolutions. the AU on issues related to countering the Other Relevant Facts Council and Wider Dynamics threat posed by the LRA. Chairman of the Security Council Council members were in agreement on Key Issues the June renewal of the Sanctions Commit- Committee established pursuant to A key issue for Council members, following tee’s Panel of Experts. Support was resolution 1718 (2006) the 21 July meeting, will be discussing with apparent both for the Panel and for the Ambassador José Filipe Moraes Cabral overall work of the Committee. However, (Portugal)

14 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org Moussa the role that UNOCA can play in mechanism, prepared by the UN Office of addressing the LRA problem and other Legal Affairs and circulated to Council regional threats on the Council’s agenda. members in July. SECURITY COUNCIL REPORT A second issue is the progress UNOCA is Key Recent Developments Monthly making with its wider mandate. On 20 July, Serbia announced the arrest of AUG 2011 the last remaining fugitive sought by the FORECAST Options ICTY. Goran Hadžić, a key figure in the for- Options include: mer Krajina Serb entity in Croatia, faces vice-president of the tribunal. The resolu- n issuing a press statement following the charges of crimes against humanity and tion also allowed Byron to work as part-time briefing, reaffirming support for UNOCA’s war crimes. The Council released a press judge from 1 September, while emphasis- activities in the region; or statement the same day calling for the swift ing that the authorisation is exceptional and n taking no action. transfer of Hadžić to the ICTY. Hadžić was shall not be considered a precedent. Council Dynamics transferred to the ICTY on 22 July. Key Issues Some Council members were initially hesi- The presidents and prosecutors of the ICTY The main issue in the coming months will tant about establishing UNOCA. However, and ICTR last briefed the Council on 6 June be further work by the working group on there is now wider support for UNOCA and 2011. ICTY President Patrick Robinson reit- practical arrangements for the residual members are interested in discussing erated his concerns about staff attrition and mechanism encompassing both tribunals. UNOCA’s priorities, its work during the first asked Council members to use their influ- months of operation and its capacity to The continued staffing shortage in the tribu- ence with the General Assembly’s fifth implement its mandate. Some members nals and the resulting impediments to committee to support specific exceptions to are particularly interested in UNOCA’s completing trials, and the issues of the relo- UN staffing policies. Robinson warned that capacity to coordinate UN efforts to address cation of acquitted individuals and released without addressing this issue, the tribunal the LRA issue. convicts from the ICTR are likely to be con- would continue to experience difficulties in sidered again at a later stage. completing its work. He also raised the con- UN Documents cern that if states do not sign additional Regarding the issue of enforcement of sen- Security Council Letters agreements on the enforcement of sen- tences, it seems that President Robinson • S/2010/457 (30 August 2010) and tences of the tribunal, the tribunal will not be also raised informally the possibility of the S/2009/697 (11 December 2009) was able to enforce future sentences. ICTR Council revisiting its decision in 1993 when an exchange of letters between the President Khalida Rachid Khan also raised it approved the recommendation of the Secretary-General and the Security staffing issues and in addition highlighted Secretary-General that sentences not be Council about the establishment of the difficulties that acquitted and released carried out in the countries of the former UNOCA. convicted individuals who had served their Yugoslavia. The ICTY may yet deliver up to sentences face in leaving from Arusha, 40 more sentences and lack of enforce- Security Council Press Statement where the ICTR is located. ment locations could become a reality. • SC/10335 (21 July 2011) was a press statement on efforts to address the On 29 June, the Council adopted resolution Options LRA issue. 1993, extending the terms of certain perma- Members are likely to receive but not nent and ad-litem judges of the ICTY until discuss the annual reports, as is the 31 December 2012 or until the conclusion Council’s practice. of their cases. The resolution also reiterates Council Dynamics International Criminal the importance of adequately staffing the The Council members resisted President Tribunals tribunal and calls upon states to conclude Byron’s proposal to amend the ICTR statute agreements on enforcement of sentences. Expected Council Action in part to avoid the possible need for certain In August the Council is expected to receive On 6 July, the Council adopted resolution states to amend their own internal legisla- the annual reports of the two international 1995, responding to the letter by former tion on cooperation with the ICTR and its criminal tribunals, for the former Yugoslavia ICTR President Dennis Byron requesting statute. The Council members also pre- (ICTY) and for Rwanda (ICTR). These that the ICTR statute, which is annexed to ferred not to allow the president to sit in the reports are usually discussed in the General Security Council resolution 955 (1994), be appeals chamber in The Hague so as to Assembly in September. The Council is not amended in order for it to be possible for maintain the presence of the seat of the expected to debate these reports which are the president of the tribunal to be rede- president of the ICTR in Arusha. This means likely to cover the timetables for trials, the ployed to the appeals chamber sitting in that current President Khan will not be able latest information on remaining fugitives The Hague. Alternatively, Judge Byron sug- to maintain her position if she moves to the and the progress on the preparations for gested the Council authorise that an appeals chamber. Resolution 1995’s lan- the commencement of the residual mecha- ad-litem judge be elected vice president guage also reflects the determination of nism and the tribunals’ completion strategy. and become president later on, after the several members that this exception will not departure of the president. The Council entail further expenses as it clearly states The working group on international tribu- decided not to amend the statute but to that an ad-litem judge elected as president nals may meet in August to review the allow for an exception so that an ad-litem will not enjoy any additional privileges. draft rules of procedure for the residual judge could be elected president or >>page 16

Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 21st Floor, New York, NY 10017 T:1 212 759 9429 F:1 212 759 4038 www.securitycouncilreport.org 15 UN Documents Notable Dates for July Security Council Resolutions Report Due Reports for Consideration in August Requesting Document • S/RES/1995 (6 July 2011) said that an 31 July SG report on Kosovo (UNMIK) S/RES/1244 ad-litem judge may be elected presi- 10 August Panel of Experts report on the Libyan sanctions regime S/RES/1973 dent of the ICTR and authorised 12 August SG report on Central Africa (UNOCA) S/2010/457 Judge Byron to serve as part-time 30 August SG report on Somalia (AMISOM) S/RES/1964 judge from 1 September. • S/RES/1993 (29 June 2011) extended Mandate Expiry in August 2011 Relevant Document the terms of permanent and ad-litem 31 August Lebanon (UNIFIL) S/RES/1937 judges of the ICTY. August 2011 Other Important Dates • S/RES/1966 (22 December 2010) established the residual mechanism. 23 August The Liberian constitutional referendum is scheduled. • S/RES/827 (25 May 1993) established Also expected in August: the ICTY and adopted its Statute. • The Council is expected to receive the annual reports of the two international criminal tribunals, for the former Yugoslavia (ICTY) and Rwanda (ICTR). Secretary-General Report • The Council is likely to meet with UNIFIL troop-contributing countries. • S/25704 (3 May 1993) contained the • The Council is likely to continue following Sudan and South Sudan closely, with meetings possible. suggested Statute for the ICTY and Briefings are expected by: suggestions on the establishment of • Special Representative Augustine Mahiga, on Somalia the Tribunal. • Special Representative Abou Moussa, on Central Africa • Under-Secretary-General B. Lynn Pascoe, on the Middle East and Libya Security Council Letters • Under-Secretary-General Alain Le Roy, on UN Peacekeeping Operations • S/2011/392 (8 June 2011) was from • Sanctions Committee Chairman Ambassador José Filipe Moraes Cabral, on DPRK the president of the ICTY to extend the terms of permanent and ad-litem judges. Important Dates over the SECURITY COUNCIL REPORT STAFF • S/2011/329 (5 May 2011) was from the president of the ICTR on a needed Horizon Colin Keating, Executive Director Joanna Weschler, Deputy Executive Director amendment to the statute to fill the n The next meeting of the Libya Contact and Director of Research position of the president. Group is expected in September. Amanda Roberts, Coordinating Editor & Other Relevant Documents n There will be an open meeting Research Analyst • S/2011/317 (12 May 2011) and organised by the Counterterrorism Shamala Kandiah, Senior Research Analyst S/2011/316 (12 May 2011) were the Committee to commemorate the tenth Clare Gatehouse, Research Analyst latest reports from the ICTR and ICTY, anniversary of the adoption of resolu- Troy Prince, Research Analyst respectively, on implementation of tion 1373 and the establishment of the Astrid Forberg Ryan, Research Analyst their completion strategies. Committee in September. Eran Sthoeger, Research Analyst Tim Caughley, Research Consultant • S/PV.6545 (6 June 2011) was the lat- n Legislative and presidential elections Dahlia Morched, Research Assistant est Council briefing by the presidents in Liberia are expected in October. Amali Tower, Research Assistant and prosecutors of the ICTY and ICTR. n Palestinian local elections are expected Robbin VanNewkirk, Publications Coordinator in the West Bank in October. Maritza Tenerelli, Administrative Assistant Other Relevant Facts n Legislative elections in Côte d’Ivoire are possible in November. ICTY Security Council Report is published with the n Legislative and presidential elections support of the Governments of Australia, • Three accused awaiting re-trial, two are tentatively scheduled in the DRC Canada, Denmark, Germany, Liechtenstein, awaiting trial, 14 on trial and 16 at the for 28 November. Norway, Singapore and Switzerland, the appeals stage. John D. and Catherine T. MacArthur ICTR Foundation and the William and Flora Hewlett • Nine accused at large, of which three Foundation. It is incorporated as a not for are considered high-ranking. profit Organisation and operates in affiliation • One accused awaiting trial, ten on trial with the School of International and Public and 19 at the appeals stage. Affairs at Columbia University in New York.

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