Ban's leadership questioned on handling Sri Lanka war-crimes report

Inner City Press (ICP), a widely known advocate in seeking clarifications to the United Nation's questionable actions towards Sri Lanka's alleged war-crimes accountability, reported Friday that United Nations Secretary General, Ban Ki Moon, when "urged by the UN Panel of Experts on Sri Lanka to establish an investigative mechanism, Ban claimed he couldn't do so without a vote by the General Assembly, Security Council or Human Rights Council." But when ICP questioned the President of the General Assembly Joseph Deiss about the Sri Lanka Report, Deiss has reportedly said “[i]t's for the Secretary General to handle this case,” exposing UNSG's perceived duplicity in not being assertive in seeking accountability for crimes widely reported as war crimes and crimes against humanity bordering on genocide.


Ban Ki-Moon, UN Secretary General
Ba Ki Moon, UN Secretary General
"So Ban says it's up to the General Assembly, but the head of the General Assembly says it's up to Ban. This is called passing the buck," ICP's Matthew Lee reported.

Further, ICP said that the U.S. Mission to the United Nations has not provided a response to ICP's questions on the recent letter by worlds premier human rights organizations to the key U.S's prominent foreign policy shapers on genocide and war-crimes, including Secretary of State Hillary Clinton, US Ambassador to the UN Susan Rice, Samantha Power, Robert Blake, Esther Brimmer, Eileen Donahoe, Harold Koh, Michael Posner, Stephen Rapp and others.

Eleven prominent Rights Groups including Carter Center, Amnesty International, Human Rights Watch, and International Crisis Group, in a letter to US Secretary of State, Hilary Clinton, urged the US to "take advantage of the opportunity of 17th session of the U.N. Human Rights Council to highlight the need for effective accountability in Sri Lanka for war crimes and other abuses committed by both sides." The communication pointed to conclusions of the war-crimes report by the UN panel of experts that "tens of thousands were killed in the final months of the war..." and called for "establishment of an independent international mechanism with a mandate to conduct investigations into alleged violations of international humanitarian and human rights law, including war crimes."

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ICP: On Sri Lanka, Ban Passed Buck to GA, Whose Leader Passes It Back

On Sri Lanka, Ban Passed Buck to GA, Whose Leader Passes It Back, Letter to US

By Matthew Russell Lee

UNITED NATIONS, May 27 -- When UN Secretary General Ban Ki-moon was urged by the UN Panel of Experts on Sri Lanka to establish an investigative mechanism, Ban claimed he couldn't do so without a vote by the General Assembly, Security Council or Human Rights Council.

On May 27, Inner City Press asked the President of the General Assembly Joseph Deiss about the Sri Lanka Report. “It's for the Secretary General to handle this case,” PGA Deiss said.

So Ban says it's up to the General Assembly, but the head of the General Assembly says it's up to Ban. This is called passing the buck.


Ban then Deiss and coup leader Rajoelina, buck passing not shown

Meanwhile a slew of human rights groups have urged the US to raise the Sri Lanka report in the Human Rights Council in June, in a letter to Secretary of State Hillary Clinton, US Ambassador to the UN Susan Rice, Samantha Power, Robert Blake, Esther Brimmer, Eileen Donahoe, Harold Koh, Michael Posner, Stephen Rapp and others.

Inner City Press has asked the US Mission to the UN for its response, but none was received four hours later by press time.

Ambassador Rice held a “background” call for select media on May 26; it is not reported what was discussed, other than a US speaker (not Rice) chided even the select media for not covering her trip to Sudan, but not Abyei, or any attempt at Darfur. Watch this site.

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On Sri Lanka, Ban Claims UN Couldn't Assess Casualties, Leak Shows UN Did

By Matthew Russell Lee

UNITED NATIONS, April 27 -- On Sri Lanka, UN “staff were not in the position to assess” the number of casualties in 2009, Secretary General Ban Ki-moon's spokesman Martin Nesirky told the Press on April 27, as they had to withdraw because the Government said security could not be guaranteed.

But as Inner City Press reported and published on March 27, 2009, a detailed UN document it obtained reported that the "minimum number of documented civilian casualties since 20 January 2009, as of 7 March 2009 in the conflict area of Mullaitivu Region [is] 9,924 casualties including 2,683 deaths and 7,241 injuries.”

Click here for the leaked document, and here for Inner City Press' report which exclusively published it.

Ban's UN refused to confirm its own Office for the Coordination of Humanitarian Affairs casualty figures. It now appears, including based on statements by staff who have since left the UN, that Ban's UN consciously decided to withhold and once leaked deny the casualty information it WAS in the position to compile.

Nesirky on April 27, when Inner City Press followed up on questions it put to Ban the previous day, said that this topic and others will now be reviewed by the UN, by Ban and his senior advisers.

Inner City Press asked Nesirky if Ban's chief of staff Vijay Nambiar, who was involved in the White Flag killings which appear in the UN report at Paragraph 171, will be one of the senior advisers involved in the review.

“There are many senior advisers,” Nesirky said, adding that the review “will look at the full range of topics contained” in the report.

The question remains: should a senior adviser like Nambiar be allowed to play any role in the review of an incident he was involved in? The answer should have been, and should be, no -- but hasn't been.

Inner City Press asked if this review will be made public. Nesirky would not say, but acknowledged that there is a public interest in it. With 40,000 civilians reportedly killed, yes there is a public interest.

Amazingly, after Ban said he “is advised” that the report's recommendations can only be investigated if the Rajapaksa government consents or members states vote for it in an intergovernmental forum, Ban when he reported on Sri Lanka to the UN Security Council on April 26 did not even ask them to schedule a vote on the recommendation for an investigation of war crimes. We'll have more on this.

From the Panel of Experts report:

The "White Flag" incident

170. Various reports have alleged that the political leadership of the LTTE and their dependents were executed when they surrendered to the SLA. In the very final days of the war, the head of the LTTE political wing, Nadesan, and the head of the Tiger Peace Secretariat Pulidevan, were in regular communication with various interlocutors to negotiate surrender. They were reportedly with a group of around 300 civilians. The LTTE political leadership was initially reluctant to agree to an unconditional surrender, but as the SLA closed in on the group in their final hideout, Nadesan and Pulidevan, and possibly Colonel Ramesh, were prepared to surrender unconditionally. This intention was communicated to officials of the United Nations and of the Governments of Norway, the United Kingdom and the United States, as well as to representatives of the ICRC and others. It was also conveyed through intermediaries to Mahinda, Gotabaya and Basil Rajapaksa, former Foreign Secretary Palitha Kohona and senior officers in the SLA.

171. Both President Rajapaksa and Defence Secretary Basil Rajapaksa [sic?] provided assurances that their surrender would be accepted. These were conveyed by intermediaries to the LTTE leaders, who were advised to raise a white flag and walk slowly towards the army, following a particular route indicated by Basil Rajapaksa.[sic?] Requests by the LTTE for a third party to be present at the point of surrender were not granted. Around 6.30 a.m. on 18 May 2009. Nadesan and Pulidevan left their hide-out to walk towards the area held by the 58th Division, accompanied by a large group, including their families. Colonel Ramesh followed behind them, with another group. Shortly afterwards, the BBC and other television stations reported that Nadesan and Pulidevan had been shot dead. Subsequently, the Government gave several different accounts of the incident. While there is little information on the circumstances of their death, the Panel believes that the LTTE leadership intended to surrender.

On the morning of April 21, Inner City Press asked Ban's top two spokesmen to "please state the role of Mr. Nambiar in reviewing the report." No response has yet been received, more than 60 hours later. We will have more on this. Watch this site.

Click here for an Inner City Press YouTube channel video, mostly UN Headquarters footage, about civilian deaths in Sri Lanka.

Click here for Inner City Press' March 27 UN debate

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

Click here for Inner City Press' Feb .26 UN debate

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

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

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

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

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

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

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

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