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Thursday, August 27, 2015

Ban's Proposal to Investigate the Use of Chemical Weapons in Syria: Attribution Mechanism

The UN Secretary General Ban Ki Moon submitted this proposal to the Security Council today, 27 August 2015. The Council is expected to endorse it within 5 days. Here's the original copy.
The Security Council unanimously adopted resolution 2235, creating a Joint Investigative Mechanism
of the UN and OPCW to identify individuals or entities responsible
for the use of chemical weapons in Syria. UN Photo - 7 August 2015.
Dear Madam President,
On 7 August 2015, the Security Council unanimously adopted resolution 2235 (2015), condemning any use of toxic chemicals, such as chlorine, as a chemical weapon in the Syrian Arab Republic and expressing its determination to identify those responsible for these acts. In this regard, the Council recalled the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention) and the Council's resolutions 1540 (2004), 2118 (2013) and 2209 (2015).
To this end, the Council established, for a period of one year with a possibility of future extension if it deems necessary, a Joint Investigative Mechanism (JIM) to identify to the greatest extent feasible individuals, entities, groups or governments who were perpetrators, organizers, sponsors or otherwise involved in the use of chemicals as weapons, including chlorine or any other toxic chemical, in the Syrian Arab Republic where the Organisation for the Prohibition of Chemical Weapons (OPCW) Fact-Finding Mission (FFM) determines or has determined that a specific incident in the Syrian Arab Republic involved or likely involved the use of chemicals as weapons, including chlorine or any other toxic chemical.
I hereby submit to the Council for its authorization, in accordance with operative paragraph 5 of resolution 2235 (2015), recommendations, including elements of Terms of Reference, regarding the establishment and operation of an OPCW-United Nations Joint Investigative Mechanism. This submission is made in coordination with the OPCW Director-General. 

Her Excellency
Mrs. U. Joy Ogwu
President of the Security Council
New York
----------------

In operative paragraph 6 of resolution 2235 (2015), the Council requested that, after it has authorized the JIM, I, in coordination with the OPCW Director-General, undertake without delay the steps, measures, and arrangements necessary for the speedy establishment and full functioning of the JIM, including recruiting impartial and experienced staff with relevant skills and expertise to fully implement the responsibilities pursuant to resolution 2235 (2015), with due regard to be given to the importance of recruiting staff on as wide of a geographical basis as is practicable.
Furthermore, in operative paragraph 9 of resolution 2235 (2015), the Council requests the OPCW FFM to collaborate with the JIM from the commencement of its work to provide full access to all of the information and evidence obtained or prepared by the FFM, including but not limited to, medical records, interview tapes and transcripts, and documentary material. The OPCW FFM would transmit all evidence and findings to the JIM. Based on the assessment of the JIM of this information, the JIM may request the OPCW FFM to provide additional information or may decide that additional investigation(s) are required.
Since the adoption of resolution 2235 (2015), I have been in close contact with OPCW Director-General Ahmet Ozfimcÿi, and staff members of our organizations have been working closely in order to develop the requested recommendations and to plan for the implementation of the resolution. Based on these consultations, and in coordination with the Director-General of the OPCW, I wish to present my recommendations, including elements of Terms of Reference, to implement our respective roles and responsibilities pursuant to resolution 2235 (2015).
For the purposes of the JIM, the United Nations and the OPCW shall operate in the areas of their particular competencies, taking into account the complementary roles of each organization.
I and the OPCW Director-General shall agree on a Supplementary Arrangement pursuant to the Relationship Agreement between the United Nations and the Organisation for the Prohibition of Chemical Weapons, concluded in 2001. Such an Arrangement shall set out the modalities for cooperation between the United Nations and OPCW in the context of resolution 2235 (2015).
The JIM shall demonstrate objectivity, and its composition shall reflect comprehensive, professional and multidisciplinary expertise to meet the mandate of the resolution.
In coordination with the Director-General of the OPCW, and the heads of other relevant international organizations as appropriate, I shall undertake the recruitment of impartial and experienced staff to provide the relevant requisite skill sets. Recruitment shall be based on professional expertise and experience, with due regard to the importance of recruiting staff on as wide a geographical basis as practicable.
I propose that the JIM be comprised of the leadership of an independent, three-member panel to be supported by a core staff of professionals grouped into three components. In this regard, the JIM shall be headed by an Assistant-Secretary-General with overall responsibility, and two Deputies at the D-2 level, responsible for the political and investigation components, respectively.
The leadership of the JIM shall be supported by three components. A Political Office, to be based in New York, shall provide political analysis, legal advice, media relations and administrative support. An Investigation Office, to be based in The Hague, shall provide chemical and medical analysis, forensics, military ordnance analysis, investigation, and information analysis. A Planning and Operations Support Office, to be based in New York, shall provide support to the political and investigation components.
Given the particular nature of the responsibilities and operating environment of the JIM, I intend to fully use the authority provided to me, including in the area of human resources, to promote the timely achievement of the mandate of the JIM, while maximizing the safety and security of its personnel.
With regard to its functions, methods of work and scope, the JIM shall conduct its operations in an independent manner and shall be responsible for its report(s).
The JIM, in fulfilling its mandate, shall ensure the integrity and confidentiality of its work, including the protection of documents and evidence, as much as possible while meeting its reporting requirements.
Operative paragraph 7 of resolution 2235 (2015) recalls that in resolution 2118 (2013), the Security Council had decided that the Syrian Arab Republic and all parties in Syria shall fully cooperate with the OPCW and the United Nations and stresses that this includes an obligation to cooperate with the OPCW Director-General and its FFM and the Secretary-General and the JIM. This includes full access to all locations, individuals and materials in the Syrian Arab Republic that the JIM deems relevant to its investigation and where it determines there are reasonable grounds to believe access is justified based on its assessment of the facts and circumstances known to it at the time, including in areas within Syrian territory but outside the control of the Government of Syrian Arab Republic, and that such cooperation also includes the ability of the JIM to examine additional information and evidence that was not obtained or prepared by the FFM but that is related to the mandate of the JIM as set forth in paragraph 5 of resolution 2235 (2015).
The FFM shall continue to operate under the authority of the OPCW Director-General.
The JIM shall undertake activities to identify to the greatest extent feasible individuals, entities, groups, or governments who were perpetrators, organizers, sponsors or otherwise involved in the use of chemicals as weapons, including chlorine or any other toxic chemical, in the Syrian Arab Republic where the OPCW FFM determines or has determined that a specific incident in the SAR involved or likely involved the use of chemical weapons, including chlorine or any other toxic chemical. In implementing its mandate, the JIM shall undertake its work in an impartial manner.
For this purpose, the JIM may undertake activities at the location(s) where the use of toxic chemicals as a weapon is alleged to have occurred, including locations directly relevant to the JIM, such as hospital(s), and emergency response stations; any other location(s) within the Syrian Arab Republic, including in territories not under its control, and in neighbouring and other relevant States, as it may consider necessary or appropriate.
The JIM shall liaise and coordinate with the Government of the Syrian Arab Republic, opposition groups and the international community, as it deems necessary.
Operative paragraph 11 of resolution 2235 (2015) requests the JIM to complete its first report within 90 days of the date on which it commences its full operation, and complete subsequent reports as appropriate thereafter. The JIM is also requested to present its report(s) to the Security Council and inform the OPCW Executive Council. These reports shall be transmitted under cover by the Secretary-General to the Security Council.
It should be noted that, the JIM shall operate separately from humanitarian work, which provides indispensable life-saving support to innocent people suffering from the conflict, as well as the political process, which is seeking to bring about a diplomatic solution to the conflict.
The JIM may have a "light footprint" in the Syrian Arab Republic, deploying only those personnel whose presence is necessary to perform their functions. The United Nations shall support JIM and FFM deployments primarily in the area of logistics, security and liaison, with support for communications, administration and possibly other areas, as may be required.
With respect to cooperation with all parties in the Syrian Arab Republic and Member States, I note that the extremely challenging mandate and dangerous situation inside the Syrian Arab Republic will impact the activities of the JIM. Success will therefore depend on the full cooperation from all parties, including the Government of the Syrian Arab Republic and other parties in Syria.
The JIM may establish contact with and receive information from any parties in the Syrian Arab Republic.
The United Nations shall engage, in its areas of responsibilities, with international and regional actors, as well as the Security Council and other stakeholders, in furtherance of the implementation of resolution 2235 (2015) and related resolutions of the Security Council. The strong support of the Security Council and key stakeholders will be essential to the success of the The Syrian Arab Republic and all parties in Syria shall cooperate fully with the JIM and shall provide full access to all locations, individuals and materials in the Syrian Arab Republic that the JIM deems relevant to its investigation and where it  determines there are reasonable grounds to believe access is justified based on its assessment of the facts and circumstances known to it at the time, including in areas within the Syrian territory but outside the control of the Syrian Arab Republic.
With regard to the cooperation with the Syrian Arab Republic and all parties in Syria, for territory both under and outside the control of the Syrian Arab Republic, full access shall be granted to the JIM and the OPCW FFM, as necessary. In order for the JIM to accomplish its mandate, it would be necessary for all parties to pause hostilities in the areas in which the JIM requires access for the period of its presence in these areas. This shall apply to the OPCW FFM as appropriate.
The United Nations shall do its utmost and use all means available to it to work with all parties to comply with these requirements, including through the good offices of the Special Envoy of the Secretary-General for Syria.
In light of the exceedingly complex security challenges which may limit the means at the disposal of the JIM, the support of the Security Council, Member States and other stakeholders with influence over parties in the Syrian Arab Republic is essential in facilitating the full compliance of all parties in the Syrian Arab Republic with their requirements.
With regard to cooperation with neighbouring States, at the request of the JIM, neighbouring States may provide support and assistance in facilitating its activities by providing, inter alia, information, security and protection for the JIM and its personnel, equipment and documents, access to victims or witnesses taking refuge on their territories, and transportation and logistical support to the activities of the JIM within their territories.
The role of other Member States will also be critical. All other Member States are called upon to offer their full support to the work of the JIM. Paragraph 8 of resolution 2235 (2015) calls on all other States to cooperate fully with the JIM and in particular to provide it and the OPCW FFM with any relevant information they may possess pertaining to individuals, entities, groups, or governments who were perpetrators, organizers, sponsors or otherwise involved in the use of chemicals as weapons, including chlorine or any other toxic chemical in the Syrian Arab Republic.
The core staff of the JIM shall be funded from the regular budget. Additional expertise and activities shall be funded by voluntary contributions as requirements continue to emerge. For that purpose, the Secretary-General intends to establish a trust fund. The JIM shall make reports to donors on the status of the Trust Fund.
In accordance with paragraph 10 of resolution 2235 (2015), the Secretary-General is requested, in coordination with the OPCW Director-General, to report to the Security Council and inform the OPCW Executive Council as of the date the JIM begins its full operations and every 30 days thereafter on the progress made.
It is envisaged that the monthly progress reports shall be in respect of both Security Council resolutions 2235 (2015) and 2118 (2013).
The JIM shall complete its first report within 90 days of its commencement of full operations and complete subsequent reports as appropriate thereafter. The JIM shall transmit the report or report(s) to the Security Council under my cover letter and inform the OPCW Executive Council.
I would like to close by reiterating that the work of the JIM will be a challenging undertaking, and will require continued close cooperation between the OPCW and the United Nations, as well as the support of the Security Council, Member States and key stakeholders.
I should be grateful if you would bring the present letter urgently to the attention of the Security Council.
Please accept, Madam President, the assurances of my highest consideration.
BAN Ki-moon 
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Friday, August 21, 2015

This is what UN Envoy is discussing with Houthies: Hadi's 'Agreement formula for the solution in Yemen'

Unofficial translation
20 August 2015

 Agreement formula for the solution in Yemen
And the implementation of the SC resolution 2216

Based on belief of the importance of a peaceful solution in Yemen according to the GCC initiative, its implementation mechanism, the outcomes of the National Dialogue Conference, SC resolution 2216 and the Riyadh Declaration.

Convinced of the need to stop the bloodshed, and to provide urgent humanitarian assistance, as well as to treat the wounded and the injured, provide healthcare for patients, facilitate the return of Yemeni refugees from abroad and IDPs to their homes.

Given that achieving peace is a prerequisite for the reconstruction of Yemen, as well as for the rehabilitation of infrastructure, the handling of war consequences, provision of the necessary environment for restoration of normal life in all provinces and the resumption of economic activities in Yemen.  

An agreement was reach on the following:

Firstly: Security Measures:

1.    The Houthi-Saleh full and immediate commitment to unconditionally implement SC resolution 2216.
2.    The announcement of the commitment to a ceasefire for 15 days (extendable), in conjunction with the withdrawal of the Houthi-Saleh militias from military and civil institutions of the state, all cities and provinces including Sana'a and Sa'adah. If the truce is breached by the Houthi-Saleh militias, it will be dealt with firmly.
3.    Complete withdrawal from state institutions and all cities and provinces including Sana'a and Sa'adah, to hand all the institutions and civilian and military units to the Government.
A.    To return all heavy and medium weapons, missiles navy and Air Force units, and weapons and ammunition stores and military camps to the government, as well as the maps for minefield  that have been planted.
B.    Demobilize all child soldiers (under 18).
C.   Adhere to the principles of protection of civilians, the conventions on diplomatic immunity, and to put an end to all practices that contradict with the two Vienna conventions on diplomatic and consular relations of 1961-1963
D.   The immediate safe release of Minister of Defense Brigadier General Mahmoud Al-Soubaihi, Professor Dr. Abdulrazaq Al-Ashwal Minister of Technical Education, all the detainees and abductees, and to hand them over to the government in the  presence of the ICRC.
4.    The formation of a military observers team by the UN to verify the implementation as stated in paragraph 3 of this document. The UN Secretary General will report to the Security Council on the compliance, two days before the end of the ceasefire.
5.    The government will exercise its powers over all state military and civil institutions, supervising its works and fully assumed its responsibility in maintaining security and stability. All parties should facilitate government tasks and not to interfere in its powers.
6.    The government will rearrange the military and security personnel in accordance with the law to ensure the security and stability of Yemen.
7.    Announcement by the Houthis and Saleh of the dismantling of their militias.
8.    The activation of sanctions contained in SC resolutions on Yemen.

Secondly: Humanitarian Assistance:

The Houthi-Saleh militias should refrain from:
1.    Abstracting the government's efforts to facilitate the work of the UN, its specialized agencies and all humanitarian actors in providing immediate assistance to the affected people of Yemen, including speedy access to all the population in need in all provinces of Yemen. The government, in coordination with the UN, will form a security protective teams whenever the need arises.
2.    Abstracting the government efforts to facilitate the return of Yemeni refugees and the IDPs to their cities and towns.
3.    Abstracting the efforts of the government committee to be stablished, to coordinate with the ICRC to verify the delivery of urgent humanitarian assistance to the people in need, the treatment of the wounded and injured as well as the prisoners and the detainees in accordance with the international humanitarian law.

Thirdly: The resumption of the political process:

1.    To resume the political process once the security measures have been achieved as mentioned in the first section of this document, the measures set forth in para1 of the SC resolution 2216 and the restoration of the government to exercise its powers in all regions of the Republic of Yemen.
2.    The resumption of the political process in accordance with the GCC initiative, its implementation mechanism, the outcome of the national dialogue, the SC resolution 2216 and the Riyadh declaration.
3.    To fully adhere to the comprehensive national strategy which will be established by the government in coordination with regional and international community, to fight terrorism and terrorist organizations in every region of Yemen, and prevent them from taking the Yemeni territory as a base or corridor to attack neighboring countries or any other countries.
4.    Refrain from abstracting the government efforts in exercising its sovereign powers to protect the state boundaries.
5.    Refrain from abstracting the work of the committee to be stablished by the government to investigate the politically motivated crimes committed since 2011 and the mechanism that the committee would adopt according to the law.

Fourthly: The Reconstruction:

1.    To convene an international conference for the reconstruction of Yemen, in order to provide the basic services, infrastructure development, restart the Yemeni economy, provide job opportunities for the citizens and achieve prosperity for Yemen.

2.    The Security Council urges all member states and international organizations to shoulder their responsibility towards the post conflict efforts in Yemen including the demining and the reconstruction, and call upon the UN system to actively participate in Yemen's reconstruction conference and lend the necessary support for the fulfillment of its objectives.

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شروط هادي للحل السلمي في اليمن: وقف إطلاق للنار، تنفيذ القرار 2216، مراقبون دوليون، حل الميليشيات

 (سلم هذا المقترح الى المبعوث الخاص الى اليمن اسماعيل ولد شيخ أحمد في الرياض، الخميس 20 أغسطس) 

صيغة اتفاق للحل في اليمن وتنفيذ قرار مجلس الامن 2216

إنطلاقاً من الإيمان بأهمية الحل السلمي وفق المبادرة الخليجية وآليتها التنفيذية، ومخرجات مؤتمر الحوار الوطني وقرار مجلس الامن 2216 وإعلان الرياض.
وإيماناً بضرورة حقن الدماء، وتقديم المساعدات الانسانية العاجلة، وإسعاف الجرحي والمصابين، وتوفير الرعاية الصحية للمرضى، وتسهيل عودة اللاجئين اليمنيين في الخارج والنازحين والمهجرين داخل اليمن.
ونظراً الى ان تحقيق السلام شرط اساسي لإعادة إعمار اليمن ، واصلاح وتأهيل البنية التحتية الاساسية ومعالجة كافةآثار الحرب ، وتوفير البيئة الللازمة لاستعادة الحياة الطبيعية في كافة المحافظات واسئناف النشاط الاقتصادي في البلاد.
فقد تم الاتفاق على ما يلي:
اولاً الاجراءات الأمني
1-     إلتزام الحوثيين وعلي عبدالله صالح بالتنفيذ الكامل والفوري لقرار مجلس الامن 2216 دون قيد او شرط.
2-     الإعلان عن الالتزام بوقف شامل لإطلاق النار لمدة خمسة عشر (15)يومياً (قابلة للتمديد) بالتزامن مع سحب المليشيات التابعه للحوثيين وعلي عبدالله صالح من مؤسسات الدولة المدنية و العسكرية والمرافق العامة والخاصة ومن جميع المدن والمحافظات بما في ذلك العاصمة صنعاء وصعدة. وفي حال خرق الهدنة من قبل مليشيات الحوثيين وعلي عبدالله صالح فسيتم التصدي لتلك الخروقات.
3-     تقوم خلال فترة وقف اطلاق النار المليشيات التابعه للحوثيين وعلي عبدالله صالح بما يلي:
أ‌-       الإنسحاب من مؤسسات الدولة ومن المرافق العامة والخاصة ومن جميع المدن والمحافظات بما في ذلك العاصمة صنعاء وصعدة وتسليم كافة المؤسسات والوحدات المدنية والعسكرية والامنية للحكومة.
ب‌-   تسليم كافة الاسلحة الثقيلة والمتوسطة والصواريخ والقطع الجوية والبحرية ومخازن السلاح والذخيرة والمعسكرات للحكومة وخرائط حقول الالغام التي تم زرعها.

Thursday, August 20, 2015

US Draft Resolution on South Sudan: Sanctions

South Sudan Draft UNSCR

The Security Council,
PP1. Recalling its previous resolutions and statements on South Sudan, in particular resolutions 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2206 (2015), and 2223 (2015),
PP2. Commending the Intergovernmental Authority on Development (IGAD) Ministerial Group’s initiative, in leading the mediation since the onset of the crisis, and the recent expanded efforts of the “IGAD-Plus” configuration, involving 19 nations and organizations including the United Nations, as friends of South Sudan from Africa and elsewhere, to develop and achieve a comprehensive solution to end the crisis in South Sudan,
PP3. Welcoming the signatures of the IGAD-Plus-mediated 17 August 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan (hereinafter the 17 August agreement), by the Sudan People’s Liberation Movement/Army in Opposition (SPLM/A-in Opposition) and the former political detainees (the G-10),
PP4. Noting the fifteen day deadline for the Government of South Sudan to sign the 17 August agreement,
PP5. Expressing grave alarm and concern regarding the fact that the conflict between the Government of the Republic of South Sudan and SPLM/A-in Opposition forces, which has been ongoing since December 2013, has yet to be resolved, and deeply concerned that the conflict has resulted in a political, security and humanitarian catastrophe, causing the deaths of tens of thousands of civilians, the displacement of more than 2.21 million people, and the attacks upon, and deaths of, UN peacekeepers, internally displaced persons receiving UN protection, and humanitarian personnel, further impoverishing and disadvantaging the people of South Sudan,
PP6. Strongly condemning past and ongoing human rights violations and abuses and violations of international humanitarian law, including those involving targeted killings of civilians, ethnically-targeted violence, extrajudicial killings, rape, and other forms of sexual and gender-based violence, recruitment and use of children in conflict, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, and attacks on schools, places of worship and hospitals, as well as United Nations peacekeeping personnel and objects, by all parties, including armed groups and national security forces, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable,
PP7. Expressing grave concern that the United Nations Mission in South Sudan (UNMISS) has stated that there are reasonable grounds to believe that war crimes and crimes against humanity, including involving extrajudicial killings, rape and other acts of sexual violence, enforced disappearances, and arbitrary arrests and detention have been committed by both government and opposition forces,
PP8. Taking note of provisions of the August 17 agreement regarding the establishment of a hybrid court for South Sudan, including Article 1.5 of Chapter V, emphasizing the critical importance of accountability, and stressing that in the absence of an effective and credible accountability mechanism, the Council will give due consideration to referring the situation in South Sudan to the International Criminal Court,
PP9. Expressing deep concern over the large-scale displacement of persons and deepening humanitarian crisis, stressing the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan, and the necessity of ensuring that the basic needs of the population are met, commending United Nations humanitarian agencies, donors, and partners for their efforts to provide urgent and coordinated support to the population, calling upon all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, the full, safe, and unhindered access of relief personnel, equipment and supplies to all those in need and timely delivery of humanitarian assistance, in particular to internally displaced persons and refugees, condemning all attacks against humanitarian personnel and facilities and recalling that attacks against humanitarian personnel and depriving civilians of objects indispensable to their survival may amount to violations of international humanitarian law,
P10. Taking note of the Communique of the 28th Extraordinary Session of the IGAD Assembly of Heads of State and Government in Addis Ababa on 7 November 2014, which inter alia: resolved that the Government of South Sudan and opposition forces commit to an unconditional, complete and immediate end to all hostilities; invited collective action by the IGAD region to enact asset freezes, travel bans within the region, and deny the supply of arms and ammunition and any other material that could be used in war if the Government of South Sudan and opposition forces commit any violation of the cessation of hostilities; and called on the African Union’s Peace and Security Council, the UN Security Council, and the international community to render all possible assistance in the implementation of these measures,
PP11. Expressing its deep appreciation for the actions taken by UNMISS peacekeepers and troop- and police-contributing countries to protect civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation,
PP12. Noting the finding of the UN Panel of Experts on South Sudan in its interim report, submitted to the Security Council XX August 2015, that the continuing resupply of arms and ammunition on both sides of the conflict has been instrumental in the continuation and escalation of the war to its current scale and has contributed to large-scale violations of international humanitarian law, and underscoring the importance of the Panel's work in monitoring the destabilizing arms transfers that are contributing to the violence,
PP13. Condemning the virtually unrestricted flow of arms and related materiel to the parties in the conflict, and welcoming steps taken by Member States to end voluntarily such transfers,
PP14. Reiterating that there is no military solution to the conflict,
PP15. Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,
PP16. Acting under Article 41 of Chapter VII of the Charter of the United Nations,
  1. Strongly condemns the Government of the Republic of South Sudan’s failure to reach a peace agreement with opposition leader Riek Machar Teny and other leaders by the 17 August 2015 deadline;
  1. Underscores the urgent need to agree and implement a comprehensive solution to end the crisis in South Sudan, demands that the Government of South Sudan immediately sign the 17 August agreement, and demands that all parties to the conflict immediately implement the agreement;
    Targeted sanctions
  2. Decides that, effective on September 6, 2015, the individuals listed in Annex I of this resolution shall be subject to the measures imposed by paragraph 9 of resolution 2206 (2015) and also decides that individuals listed in Annex II of this resolution shall be subject to the measure imposed by paragraphs 9 and 12 of resolution 2206 (2015);
  1. Decides that the Committee established pursuant to resolution 2206, in the event the 17 August agreement has not been signed by the Government of South Sudan by September 1, 2015, will expeditiously designate additional individuals, including the senior political leaders of the Government of South Sudan, as well as individuals or entities that violate the terms of the ceasefire set forth in the agreement, for the travel ban and asset freeze measures established respectively pursuant to paragraphs 9 and 12 of resolution 2206 (2015);
    Arms embargo
  2. Decides that, effective on September 6, 2015, until September 6, 2016, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to South Sudan, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:
  • Supplies of arms and related materiel, as well as training and assistance, intended solely for support of or use by UN personnel and international forces authorized by the Security Council, including UNMISS and the United Nations Interim Security Force for Abyei (UNISFA);
  • Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee;
  • Protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;
  • Supplies temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan, as notified in advance to the Committee; [Reference: CdI, UNSCR 2101 (2013)]
  • Supplies of arms and related materiel, as well as technical training and assistance, to or in support of the African Union Regional Task Force intended solely for regional counter-LRA operations, as notified in advance to the Committee;
  • Supplies of arms and related materiel for the Uganda People’s Defence Forces (UPDF) provided that this exception shall only apply to such forces conducting purely defensive operations designed to provide security for civilian populations and protect critical infrastructure in the area of, and to the south of, Bor, and provided further that any such arms or related materiel shall not be transferred to any other party;
  • Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;
    6. Decides that, in the event that the Secretary General reports to the Council prior to September 6, 2015 that the parties have signed the 17 August agreement by September 1, 2015 and that all parties have implemented the ceasefire outlined therein, Uganda shall withdraw its troops consistent with Chapter II, paragraph 1.5 of the 17 August 2015 Agreement;

    Inspections
    7. Decides that all Member States, in particular those neighboring South Sudan, shall inspect in their territory, including seaports and airports, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from South Sudan, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraph5, for the purpose of ensuring strict implementation of those provisions;

    8. Further decides, effective September 6, 2015, to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph XX of this resolution, seize, and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items and decides further that all Member States shall cooperate in such efforts, and requires all states to report to the Committee the disposition of any items seized pursuant to this authorization;

    Other Arms Provisions
    9. Stresses the importance that notifications or requests for exemptions pursuant to paragraph 5 above contain all relevant information, including the purpose of the use and end user, the technical specifications and quantity of the equipment to be shipped and, when applicable, the supplier, the proposed date of delivery, mode of transportation and itinerary of shipments;

    Panel of Experts and Sanctions Committee
    10. Decides, effective September 6, 2015, that the tasks of the Committee established pursuant to resolution 2206 shall also include examining and taking appropriate action on information regarding alleged violations or non-compliance with the measures imposed by paragraph 5 of this resolution.

    11. Further decides, effective September 6, 2015, that the tasks of the Panel of Experts established pursuant to resolution 2206 shall also include gathering, examining and analyzing information regarding the implementation of the measures decided in this resolution, and reporting to the Committee.

    Affirmation
    12. Decides that paragraphs 3-5 and 7-11 shall not be applied in the event that the Secretary General reports to the Council, prior to September 6, 2015 that the parties have signed the 17 August agreement by September 1, 2015 and that all parties have implemented the ceasefire outlined therein.

    Accountability
    13. Requests the Secretary General to make available technical assistance in the setting up of a credible hybrid court for South Sudan, including, if the 17 August agreement is signed by September 1, to the Commission of the African Union, including by consulting with the AU on the possibility of using resources of the International Residual Mechanism for Criminal Tribunals (MICT), and to the Transitional Government of National Unity consistent with Article 1.5 of Chapter V of the 17 August agreement, including with regard to the selection of South Sudanese judges for the court.

    14. Requests the Secretary General to report to the Council in three months on the support provided with respect to a hybrid court for South Sudan and expresses its intention at that time to assess the work that has been done in the establishment of the hybrid tribunal, in line with international standards, and recalls that, should there be insufficient progress to promote accountability for the gravest offenses, the Security Council retains the option of referring the situation in South Sudan to the International Criminal Court.

    Further Action
    15. Requests, in the event the 17 August agreement is signed by September 1, the Secretary-General to report on October 1, 2015, and each 30 days thereafter, on the implementation of that agreement, as well as on respect by all parties for the permanent ceasefire contemplated by the agreement, and expresses its intent to impose additional measures under Article 41 in the event that the Secretary-General reports non-implementation of the Agreement or the ceasefire by any party.

    16. Decides to remain seized of the matter.
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Wednesday, August 12, 2015

Presidential Statement on Demistura's Plan: ISIS, Transitional Governing Body

Security Council Draft Presidential Statement
1. At the X meeting of the Security Council, held on XX August 2015, in connection with the Council’s consideration of the item entitled “The situation in the Middle East”, the President of the Security Council made the following statement on behalf of the Council:
2. The Security Council recalls its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2170 (2014), 2175 (2014), 2178 (2014), 2191 (2014), 2199 (2015), and 2235 (2015) and Presidential Statements of 3 August 2011, 2 October 2013 and 24 April 2015.
3. The Security Council reaffirms its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria and all other States affected by the Syrian conflict, and to the purposes and principles of the Charter of the United Nations.
4. The Security Council stresses that the only sustainable solution to the current crisis in Syria is through an inclusive and Syrian-led political process that meets the legitimate aspirations of the Syrian people, with a view to full implementation of the Geneva Communiqué of 30 June 2012 and, in this regard, emphasizes the urgency for all parties to work diligently and constructively towards this goal.
5. The Security Council reiterates its demands as set forth in resolution 2139 that all parties cease any attacks against civilians as such, as well as any indiscriminate use of weapons in populated areas, including such use involving shelling and barrel bombs; as well as its demand for the immediate end to arbitrary detention, torture, kidnappings, abductions and forced disappearances of civilians and the immediate release of those arbitrarily detained, including journalists and humanitarian personnel; stresses the importance of implementation of such demands, in accordance with relevant provisions of international law, in creating an environment conducive to the commencement of substantive political negotiations and in building confidence among the parties; and reiterates, in this regard, that the primary responsibility to protect its population lies with the Syrian authorities.
6. The Security Council expresses its gravest concern that parts of Syria are under control of terrorist groups such as Islamic State in Iraq and the Levant (ISIL) and Al Nusrah Front (ANF), condemns the ongoing and multiple terrorist acts by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, condemns further the targeting of civilians based on their ethnicity, religion and/or confessional affiliations, expresses concern about the negative impact of terrorism, violent extremist ideology in support of terrorism, and action  that destabilizes Syria and the region, with a devastating humanitarian impact on the civilian population, reaffirms its resolve to address all aspects of the threat, and calls on all parties to commit to putting an end to terrorist acts perpetrated by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida.
7. The Security Council commends the Special Envoy for his efforts in convening the Geneva consultations, from April to June 2015, with a broad range of stake-holders with respect to the crisis in Syria as part of the effort to operationalize the 2012 Geneva Communiqué.
8. The Security Council supports the approach set out by the Special Envoy that in order to work towards political negotiations and a political transition based on the Geneva Communiqué, four thematic areas need to be addressed through more focused consultations and discussions with the Syrian parties in four thematic working groups: safety and protection for all; political and legal issues; military, security and counterterrorism issues; and continuity of public services and reconstruction and development.
9. The Security Council urges all parties to engage in good faith in the efforts of the Special Envoy, through his good offices, and to continue consultations and thematic discussions, and notes that these efforts can build on recent initiatives, including the meetings in Moscow, Cairo, Paris and Astana.
10. The Security Council demands that all parties work urgently towards the comprehensive implementation of the Geneva Communiqué, aimed at bringing an end to all violence, violations and abuses of human rights and violations of international humanitarian law and the launching of a Syrian-led political process leading to a political transition that meets the legitimate aspirations of the Syrian people and enables them independently and democratically to determine their future, including through the establishment of an inclusive transitional governing body with full executive powers, which shall be formed on the basis of mutual consent while ensuring continuity of governmental institutions.
11. The Security Council welcomes the Secretary-General’s statement of 29 July 2015 that there can be no military solution to the Syrian conflict, and reiterates its endorsement of a political solution through implementation of the Geneva Communiqué.
12. The Security Council stresses that rapid progress on a political solution should include full participation by all segments of Syrian society, including women, and represents the only sustainable way to resolve the situation in Syria peacefully.
13. The Security Council emphasizes the need for robust international and regional assistance in support of the Special Envoy’s efforts.
14. The Security Council expresses grave alarm that the Syrian crisis has become the largest humanitarian emergency crisis in the world today, threatening peace and security in the region, and that at least 250,000 have been killed, including well over 10,000 children, and 12 million people have been forced to flee their homes, including over 4 million who have sought refuge in neighbouring countries, and more than 12.2 million people in Syria require urgent humanitarian assistance.  In this regard, the Security Council recalls its decision as set forth in resolution 2165 (2014) that all Syrian parties to the conflict shall enable the immediate and unhindered delivery of humanitarian assistance directly to people throughout Syria.
15. The Security Council recalls the need for all parties to respect the relevant provisions of international humanitarian law and the United Nations guiding principles of humanitarian emergency assistance.
16. The Security Council requests that the Secretary-General report back to the Security Council on the results of the next phase of consultations within 90 days.
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