posted on THU 5 MAR 2015 12:23 PMSyria Chemical Weapons: Draft Resolution and Consultations
This afternoon (5 March), UN High Representative for Disarmament Affairs Angela Kane will brief Security Council members on the seventeenth monthly report (S/2015/138) on the implementation of resolution 2118, which required the verification and destruction of Syria’s chemical weapons.
However, it is expected that the main focus of today’s consultations will be the draft resolution that was circulated to Council members yesterday by the US following up the findings of the fact-finding mission of the Organisation for the Prohibition of Chemical Weapons (OPCW) on the use of chlorine bombs in Syria. The draft resolution had been negotiated among the P5, specifically Russia and the US, prior to broader circulation to the entire Council membership. At press time, the first round of negotiations of all 15 members was being held with a view to adopt in the coming days. Given the difficulty Russia and the US had in negotiating this draft, a majority of Council members doubt that there will be room to negotiate the text further and expect the resolution to be put to a vote quickly.
Since September 2014, when the initial findings of the OPCW fact-finding mission were made public, the P3, along with several other Council members from both the 2014 and 2015 configuration, have been keen to follow up in the Security Council the issue of the use of chlorine bombs. The OPCW fact-finding mission concluded with “a high degree of confidence that chlorine has been used as a weapon” and that there was evidence that chlorine had been consistently and repeatedly used in barrel bombs dropped from helicopters. While the fact-finding mission does not attribute blame, only the Syrian government has aerial capacity and only rebel-held areas were targeted.
The first step in this follow-up was for Council members that serve in both the UN Security Council and the OPCW Executive Council—in particular the US, but also Chile, France, Malaysia, New Zealand, Nigeria, Spain and the UK—to spearhead an initiative to have the fact-finding mission’s reports transmitted officially to the Security Council. This effort prompted the 4 February decision of the OPCW Executive Council to include reports of the fact-finding mission in the OPCW reports to the Security Council under the terms of resolution 2118, creating a reporting line back to the Security Council that had not previously existed. The OPCW decision furthermore expressed serious concern at the findings that chlorine had been used as a weapon in Syria, condemned the use of chemical weapons (without attributing blame) and called for accountability.
In fact, the 2118 report that Kane will present to Council members later today includes the fact-finding mission’s three reports in annexes. These same reports had also been previously circulated to Council members on 30 December 2014 in a letter from the P3, current Council members Jordan and Lithuania and then-Council members Australia, Luxembourg and the Republic of Korea (S/2014/955).
Shortly after the 4 February OPCW decision, the P5 began negotiating a draft resolution on the issue of chlorine bombs that condemned the use of toxic chemicals such as chlorine, without attributing blame, stressed that those responsible should be held accountable, recalled resolution 2118 and supported the 4 February decision of the OPCW. While acknowledging that the OPCW has concluded that toxic chemicals have been used as a weapon in Syria, the draft does not say that resolution 2118 has been violated but rather uses conditional language that any such use of toxic chemicals would constitute a violation.
Despite this implicit threat in resolution 2118 to impose sanctions in the case of non-compliance, it seems that even the initial draft did not attempt to include language on sanctions, with most members assuming that such action would have been vetoed by Russia. However,it seems that the P3 were keen not to roll back the language in resolution 2118 which threatened to impose measures under Chapter VII ( which were understood to mean measures under Article 41 of Chapter VII, i.e. targeted sanctions) if the provisions of the resolution were violated. It appears that they were successful in getting agreement on this as the draft resolution currently being negotiated decides to impose measures under Chapter VII if there is future non-compliance with resolution 2118.
The main sticking point during P5 negotiations was how to reference Chapter VII in the resolution. It seems that during negotiations, Russia initially argued against the need for a resolution on the issue of chlorine bombs and suggested as an alternative that the Council’s concern could be expressed in a presidential statement. When it became apparent that the P3 were staying focused on the necessity of a resolution, it seems Russia reverted to resisting any explicit reference to Chapter VII, a staunch position that it’s held since the beginning of the Syrian conflict. This position had led to compromises in the negotiation of resolution 2118. While resolution 2118 did not clearly specify that it was under Chapter VII it did include an Article 39 determination.(Chapter VII is usually invoked following an Article 39 determination by the Security Council that there has been a “threat to the peace, breach of the peace, or act of aggression.” An explicit reference to Article 39 or to the nature of the determination is not essential, however, for the Council to use its Chapter VII powers.) Resolution 2118 also, interestingly, had an explicit reference to Article 25 which obligated members to carry out the Council’s decisions. However, the draft being negotiated now does not contain either the Article 39 determination that the use of chemical weapons is a threat to international peace and security or the Article 25 reference. It appears that this draft text has moved further away from Chapter VII elements in comparison to resolution 2118.
Council members are broadly agreed that the draft resolution sends a strong political signal that the chemical weapons track will remain a central component of the Council’s work on Syria. However, they also admit that the draft is only declaratory in nature and doesn’t impose any new obligations nor does it impose any coercive measures, such as sanctions. In this regard, the adoption of a new resolution on the chemical weapons track, its symbolic message notwithstanding, is unlikely in any significant way to impact the use of chlorine bombs in the Syrian conflict.
posted on WED 4 MAR 2015 5:35 PMTechnical Rollover Resolution on Libya
Tomorrow (5 March), the Council is set to adopt a technical rollover resolution renewing until 31 March the current mandate of the UN Support Mission in Libya (UNSMIL), which is due to expire on 13 March. The resolution is also expected to renew for the same period of time the measures on vessels transporting crude oil illicitly exported from Libya that expire on 19 March. No meetings were held to agree on this draft, which was circulated by email and… Read more »
posted on TUE 3 MAR 2015 5:22 PMMandate Renewal of DPRK Panel of Experts and Panel Report
Tomorrow morning (4 March), the Security Council will adopt a resolution extending the mandate of the Panel of Experts assisting the 1718 Democratic Republic of Korea (DPRK) Sanctions Committee. The proposed text, which was put in blue yesterday, closely follows the language of the previous mandate renewal (resolution 2141) making little change to the mandate of the Panel. According to the draft, the mandate is to be extended for 13 months (until 5 April 2016) and the Panel will be… Read more »
posted on TUE 3 MAR 2015 4:29 PMSecurity Council’s March Programme of Work
The Security Council began the month of March by adopting a resolution on South Sudan sanctions right after agreeing on its programme of work this morning (3 March). Then this afternoon Council members had consultations on Yemen where they were briefed by the Secretary-General’s Special Adviser on Yemen, Jamal Benomar.… Read more »
posted on MON 2 MAR 2015 6:36 PMConsultations on Yemen with Special Adviser Jamal Benomar
Tomorrow afternoon (3 March), Council members will hold consultations on Yemen where they will be briefed by the Secretary-General’s Special Adviser to Yemen Jamal Benomar via video teleconference from Yemen. At press time, no Council outcome was expected. With increasing concern over the potential split of Yemen following the escape of President Abdo Rabbo Mansour Hadi to Aden from house arrest on 21 February, Benomar’s briefing is expected to focus on his efforts to advance negotiations among Yemeni parties on… Read more »
posted on MON 2 MAR 2015 5:39 PMCouncil to Adopt Sanctions Resolution on South Sudan
Tomorrow morning (3 March) the Security Council is scheduled to adopt a resolution deciding to impose targeted sanctions on spoilers in South Sudan. The draft was circulated to Council members last Tuesday (24 February) during consultations on the UN Mission in South Sudan (UNMISS). Following one round of negotiations and some email exchanges, the draft resolution was placed under silence on Friday (27 February). A first silence period was broken, but after some amendments, the draft passed successfully through a… Read more »
posted on THU 26 FEB 2015 6:36 PMBriefing on Minsk Agreement Implementation in Ukraine
Tomorrow (27 February), the Security Council may hold a public meeting on Ukraine possibly followed by an informal interactive dialogue session. The Chief Monitor of the Special OSCE Monitoring Mission, Ambassador Ertuğrul Apakan (Turkey), and the Chair of the OSCE’s Trilateral Contact Group, Ambassador Heidi Tagliavini (Switzerland), are expected to brief the Council by video teleconference. (The Trilateral Contact Group is made up of Russia, Ukraine and the OSCE.)… Read more »
posted on WED 25 FEB 2015 6:07 PMSyria Humanitarian Briefing
Tomorrow afternoon (26 February), Assistant Secretary-General for Humanitarian Affairs Kyung-wha Kang and High Commissioner for Refugees Antonio Guterres will brief the Council on the devastating humanitarian situation in Syria and neighbouring countries.… Read more »
posted on WED 25 FEB 2015 5:14 PMAdoption of Resolution on UN Interim Security Force for Abyei
Tomorrow (26 February), the Security Council is expected to adopt a resolution renewing the mandate of the UN Interim Security Force for Abyei (UNISFA) until 15 July 2015. The first draft was circulated to Council members on 18 February and after three rounds of negotiations and some additional bilateral exchanges between Russia and the US the draft was put under silence until 11:00 am today. Silence was not broken and the text is now in blue.… Read more »
posted on WED 25 FEB 2015 1:14 PMBriefing on the Central African Republic under “Any Other Business”
Tomorrow (26 February), Under-Secretary-General for Peacekeeping Operations Hervé Ladsous will brief Council members on the situation in the Central African Republic (CAR) under “any other business”. The focus of the briefing will be the Secretary-General’s request to the Council to authorise a troop increase for the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) contained in his 29 January letter to the Council president (S/2015/85). At present, it seems that Council members are generally in favour of… Read more »