Syira UNSCR 2139: Now show us the beef!

The Security Council's unanimous vote Saturday

As barrel bombs continue to rain down on the northwestern city of Aleppo, the United Nations Security Council on Saturday (February 22) united for the first time on Syria and issued a resolution on access to humanitarian aid in the war-torn country.

UNSCR 2139 says both Syrian government and opposition forces must allow aid convoys to reach civilians.

Although it does not threaten sanctions, the resolution warns of "further steps" if the sides do not comply.

Russia and China, who vetoed previous similar resolutions during the three-year war, voted in favor.

The resolution calls for the cessation of shelling, aerial bombardments and barrels bombs while demanding cross-border access for aid convoys as well as an end to sieges across Syria.

Will Syrian President Bashar al-Assad comply? As the saying goes, the proof of the pudding is in the eating…

Reuters quotes Lithuanian UN Ambassador Raimonda Murmokaite, president of the 15-member Security Council for February, as describing the unanimous approval of the resolution, drafted by Australia, Jordan and Luxembourg, as a "moment of hope" for Syria's people.

Russia's UN Ambassador Vitaly Churkin told the Council after the vote that Moscow supported the move because "many Russian considerations were borne in mind and as a result the document took on a balanced nature."

China's UN Ambassador Liu Jieyi said Beijing was "gravely concerned" by Syria's worsening humanitarian situation. "We strongly urge all the parties in Syria to implement this resolution in good faith," he said.

The resolution asks UN Secretary-General Ban Ki-moon to report to the Council in 30 days on implementation and "expresses its intent to take further steps in the case of non-compliance."

But it is unlikely Russia will agree to any action if Syria's government is found to be in non-compliance.

The United Nations says 9.3 million people need help -- nearly half the population -- and that well over 100,000 people have been killed. The opposition Syrian Observatory for Human Rights has said that more than 136,000 have been killed since March 2011.

The resolution "demands that all parties, in particular the Syrian authorities, promptly allow rapid, safe and unhindered humanitarian access for UN humanitarian agencies... including across conflict lines and across borders."

It also demands all parties "cease all attacks against civilians, as well as the indiscriminate employment of weapons in populated areas, including shelling and aerial bombardment, such as the use of barrel bombs, and methods of warfare... to cause superfluous injury or unnecessary suffering."

The following is the full text of the 22 February 2014 UN Security Council Resolution 2139 
(Syria -- Humanitarian Assistance)

* * * *

The Security Council

Recalling its resolutions 2042 (2012), 2043 (2012) and 2118 (2013), and its Presidential Statements of 3 August 2011, 21 March 2012, 5 April 2012 and 2 October 2013,

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations,

Being appalled at the unacceptable and escalating level of violence and the death of well over 100,000 people in Syria, including over 10,000 children, as reported by the UN Secretary-General and the Special Representative of the Secretary-General for Children and Armed Conflict,

Expressing grave alarm at the significant and rapid deterioration of the humanitarian situation in Syria, in particular the dire situation of hundreds of thousands of civilians trapped in besieged areas, most of whom are besieged by the Syrian armed forces and some by opposition groups, as well as the dire situation of over 3 million people in hard-to-reach areas, and deploring the difficulties in providing, and the failure to provide, access for the humanitarian assistance to all civilians in need inside Syria,

Emphasizing the need to respect the UN guiding principles of humanitarian emergency assistance and stressing the importance of such assistance being delivered on the basis of need, devoid of any political prejudices and aims, commending the efforts of the United Nations and all humanitarian and medical personnel in Syria and in neighboring countries, and condemning all acts or threats of violence against United Nations staff and humanitarian actors, which have resulted in the death, injury and detention of many humanitarian personnel,

Expressing grave concern at the increasing number of refugees and internally displaced persons caused by the conflict in Syria, which has a destabilizing impact on the entire region, and underscoring its appreciation for the significant and admirable efforts that have been made by the countries of the region, notably Lebanon, Jordan, Turkey, Iraq and Egypt, to accommodate the more than 2.4 million refugees who have fled Syria as a result of the on-going violence, while acknowledging the enormous political, socioeconomic and financial impact of the presence of large-scale populations in these countries, and underscoring the need for all parties to respect and maintain the security and civilian character of camps for refugees and internally displaced persons,

Welcoming the pledges totaling $2.5 billion at the Second International Humanitarian Pledging Conference for Syria, hosted by Kuwait on 15 January 2014, and expressing its appreciation to Member States and regional and sub-regional organizations that have pledged to provide humanitarian assistance to people in need in all parts of Syria, including internally displaced persons, as well as to refugees in neighboring host countries, and calling on all Member States to ensure the timely disbursement of pledges and continued support in line with growing humanitarian needs,

Calling on all parties to immediately end all violence which has led to human suffering in Syria, save Syria’s rich societal mosaic and cultural heritage, and take appropriate steps to ensure the protection of Syria’s World Heritage Sites,

Strongly condemning the increased terrorist attacks resulting in numerous casualties and destruction carried out by organizations and individuals associated with Al-Qaeda, its affiliates and other terrorist groups, and reiterating its call on all parties to commit to putting an end to terrorist acts perpetrated by such organizations and individuals, while reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever and by whomsoever committed,

Expressing its regret that its Presidential Statement of 2 October 2013 (S/PRST/2013/15) has not delivered as expected and has not yet translated into meaningful progress on the ground, and that humanitarian aid delivery continues to be impeded throughout Syria, while condemning all cases of denial of humanitarian access and recalling that arbitrary denial of humanitarian access and depriving civilians of objects indispensable to their survival, including wilfully impeding relief supply and access, can constitute a violation of international humanitarian law,

Emphasizing that the humanitarian situation will continue to deteriorate in the absence of a political solution to the crisis, reiterating its endorsement of the Geneva Communiqué of 30 June 2012 (Annex II of Resolution 2118 (2113)) and demanding that all parties work towards the immediate and comprehensive implementation of the Geneva Communiqué aimed at bringing an immediate end to all violence, violations and abuses of human rights and violations of international law, and facilitating the Syrian-led political process launched in Montreux on 22 January 2014, leading to a transition that meets the legitimate aspirations of the Syrian people and enables them independently and democratically to determine their own future,

1.       Strongly condemns the widespread violations of human rights and international humanitarian law by the Syrian authorities, as well as the human rights abuses and violations of international humanitarian law by armed groups, including all forms of sexual and gender-based violence, as well as all grave violations and abuses committed against children in contravention of applicable international law, such as recruitment and use, killing and maiming, rape, attacks on schools and hospitals as well as arbitrary arrest, detention, torture, ill treatment and use as human shields, as described in the United Nations Secretary-General’s report on children and armed conflict in Syria (S/2014/31);

2.       Demands that all parties immediately put an end to all forms of violence, irrespective of where it comes from, cease and desist from all violations of international humanitarian law and violations and abuses of human rights, and reaffirm their obligations under international humanitarian law and international human rights law, and stresses that some of these violations may amount to war crimes and crimes against humanity;

3.       Demands that all parties immediately cease all attacks against civilians, as well as the indiscriminate employment of weapons in populated areas, including shelling and aerial bombardment, such as the use of barrel bombs, and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering, and recalls in this regard the obligation to respect and ensure respect for international humanitarian law in all circumstances, and further recalls, in particular, the obligation to distinguish between civilian populations and combatants, and the prohibition against indiscriminate attacks, and attacks against civilians and civilian objects as such;

4.       Demands that all parties, in particular the Syrian authorities, fully implement the provisions of the 2 October 2013 Statement by the President of the Security Council (S/PRST/2013/15) including through facilitating the expansion of humanitarian relief operations, in accordance with applicable provisions of international humanitarian law and the UN guiding principles of humanitarian emergency assistance;

5.       Calls upon all parties to immediately lift the sieges of populated areas, including in the Old City of Homs (Homs), Nubl and Zahra (Aleppo), Madamiyet Elsham (Rural Damascus), Yarmouk (Damascus), Eastern Ghouta (Rural Damascus), Darayya (Rural Damascus) and other locations, and demands that all parties allow the delivery of humanitarian assistance, including medical assistance, cease depriving civilians of food and medicine indispensable to their survival, and enable the rapid, safe and unhindered evacuation of all civilians who wish to leave, and underscores the need for the parties to agree on humanitarian pauses, days of tranquility, localized cease-fires and truces to allow humanitarian agencies safe and unhindered access to all affected areas in Syria, recalling that starvation of civilians as a method of combat is prohibited by international humanitarian law;

6.       Demands that all parties, in particular the Syrian authorities, promptly allow rapid, safe and unhindered humanitarian access for UN humanitarian agencies and their implementing partners, including across conflict lines and across borders, in order to ensure that humanitarian assistance reaches people in need through the most direct routes;

7.       Urges all parties, in particular the Syrian authorities, to take all appropriate steps to facilitate the efforts of the United Nations, its specialized agencies, and all humanitarian actors engaged in humanitarian relief activities, to provide immediate humanitarian assistance to the affected people in Syria, including by promptly facilitating safe and unhindered humanitarian access to populations in need of assistance in all areas under their control, and encourages further cooperation between the United Nations, its specialized agencies and all parties concerned, including Syrian civil society organizations, to facilitate access and the delivery of assistance in the entirety of the Syrian territory;

8.       Demands that all parties respect the principle of medical neutrality and facilitate free passage to all areas for medical personnel, equipment, transport and supplies, including surgical items, and recalls that under international humanitarian law, the wounded and sick must receive, to the fullest extent practicable, and with the least possible delay, medical care and attention required by their condition and that medical and humanitarian personnel, facilities and transport must be respected and protected, and expresses grave concern in this regard at the removal of medical supplies from humanitarian shipments;

9.       Also demands that all parties take all appropriate steps to protect civilians, including members of ethnic, religious and confessional communities, and stresses that, in this regard, the primary responsibility to protect its population lies with the Syrian authorities;

10.     Further demands that all parties demilitarize medical facilities, schools and other civilian facilities and avoid establishing military positions in populated areas and desist from attacks directed against civilian objects;

11.     Strongly condemns the arbitrary detention and torture of civilians in Syria, notably in prisons and detention facilities, as well as the kidnappings, abductions and forced disappearances, and demands the immediate end of these practices and the release of all arbitrarily detained persons starting with women and children, as well as sick, wounded and elderly people and including UN personnel and journalists;

12.     Urges all parties to take all appropriate steps to ensure the safety and security of United Nations personnel, those of its specialized agencies, and all other personnel engaged in humanitarian relief activities, without prejudice to their freedom of movement and access, stresses that the primary responsibility in this regard lies with the Syrian authorities and further stresses the need not to impede these efforts;

13.     Stresses the need to end impunity for violations of international humanitarian law and violations and abuses of human rights, and reaffirms that those who have committed or are otherwise responsible for such violations and abuses in Syria must be brought to justice;

14.     Strongly condemns the increased terrorist attacks resulting in numerous casualties and destruction carried out by organizations and individuals associated with Al-Qaeda, its affiliates and other terrorist groups, urges the opposition groups to maintain their rejection of these organizations and individuals which are responsible for serious violations of international humanitarian law in opposition-held areas, calls upon the Syrian authorities and opposition groups to commit to combating and defeating organizations and individuals associated with Al-Qaeda, its affiliates and other terrorist groups, demands that all foreign fighters immediately withdraw from Syria, and reaffirms that terrorism in all its forms and manifestations constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever and by whomsoever committed;

15.     Emphasizes that the humanitarian situation will continue to deteriorate in the absence of a political solution, welcomes in this regard the Geneva Conference on Syria launched in Montreux on 22 January 2014, and demands that all parties work towards the comprehensive implementation of the Geneva Communiqué of 30 June 2012 leading to a genuine political transition that meets the legitimate aspirations of the Syrian people and enables them independently and democratically to determine their own future, and further stresses that rapid progress on a political solution should include full participation by all groups and segments of Syrian society, including women, and represents the only sustainable opportunity to resolve the situation in Syria peacefully, and that the implementation of this resolution is key to meeting the humanitarian needs of the Syrian people;

16.     Urges all Member States to contribute or increase their support to the United Nations’ humanitarian appeals to meet the spiraling needs of people affected by the crisis, and to provide this support in coordination with the relevant United Nations agencies, and to ensure that all pledges are honored in full, and further urges all Member States, based on burden sharing principles, to support the neighboring host countries to enable them to respond to the growing humanitarian needs, including by providing direct support;

17.     Requests the Secretary-General to report to the Council on the implementation of this resolution by all parties in Syria, in particular paragraphs 2 through 12, in 30 days of its adoption and every 30 days thereafter, and upon receipt of the Secretary-General’s report, expresses its intent to take further steps in the case of non-compliance with this resolution;

18.     Decides to remain actively seized of the matter.

Landmark UNSC vote keeps Assad in place

The Security Council votes on Friday (UN photo by Amanda Voisard)

In a landmark move, the Security Council on Friday evening endorsed the expeditious destruction of Syria’s chemical weapons program, with inspections to begin by Tuesday (October 1). It agreed that in the event of non-compliance, it would impose “Chapter VII” measures.

This follows the international outrage caused by the use of chemical weapons on two Damascus suburbs on August 21, as concluded by a United Nations investigation team.

But the war in Syria has been raging since March 2011 through the use of conventional weapons. It was going on before August 21 and continues still.

More than 100,000 people have been killed. One out of every three Syrians is displaced. One out of every three Syrians needs humanitarian assistance. The medical system has collapsed. And third of Syria is in rubble because conventional weapons are being used indiscriminately every day.

Will the regime of Syrian President Bashar al-Assad, his supporters and backers be deterred from continuing to use conventional weapons?

By keeping the regime untouched, does Assad now have license to kill through conventional weapons?

Unanimously adopting Resolution 2118 (2013), the 15-member Security Council determined that the use of chemical weapons anywhere constituted a threat to international peace and security. It called for the full implementation of the September 27 decision of the Organization for the Prohibition of Chemical Weapons (OPCW), which contains special procedures for the expeditious and verifiable destruction of Syria’s chemical weapons.

Specifically, the Council prohibited Syria from using, developing, producing, otherwise acquiring, stockpiling or retaining chemical weapons, or transferring them to other States or non-State actors. It underscored also that no party in Syria should use, develop, produce, acquire, stockpile, retain or transfer such weapons.

Also, Syria should comply with all aspects of the OPCW decision, notably by accepting personnel designated by OPCW or the UN and providing them with immediate and unfettered access to -- and the right to inspect -- any and all chemical weapons sites.

Further, the Council decided to regularly review Syria’s implementation of the OPCW Executive Council decision and the present resolution, requesting the OPCW Director-General, through the Secretary-General, to report to it within 30 days and every month thereafter.

Fully endorsing the Geneva Communiqué of 30 June 2012, the Council called for the convening, as soon as possible, of an international conference on Syria to implement that Communiqué.

Following is the full text of Security Council Resolution 2118 (2013):

“The Security Council,

“Recalling the Statements of its President of 3 August 2011, 21 March 2012, 5 April 2012, and its resolutions 1540 (2004), 2042 (2012) and 2043 (2012),

“Reaffirming its strong commitment to the sovereignty, independence and territorial integrity of the Syrian Arab Republic,

“Reaffirming that the proliferation of chemical weapons, as well as their means of delivery, constitutes a threat to international peace and security,

“Recalling that the Syrian Arab Republic on 22 November 1968 acceded to the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,

“Noting that on 14 September 2013, the Syrian Arab Republic deposited with the Secretary-General its instrument of accession to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention) and declared that it shall comply with its stipulations and observe them faithfully and sincerely, applying the Convention provisionally pending its entry into force for the Syrian Arab Republic,

“Welcoming the establishment by the Secretary-General of the United Nations Mission to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic (the Mission) pursuant to General Assembly resolution 42/37 C (1987) of 30 November 1987, and reaffirmed by resolution 620 (1988) of 26 August 1988, and expressing appreciation for the work of the Mission,

“Acknowledging the report of 16 September 2013 (S/2013/553) by the Mission, underscoring the need for the Mission to fulfill its mandate, and emphasizing that future credible allegations of chemical weapons use in the Syrian Arab Republic should be investigated,

“Deeply outraged by the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the Mission’s report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,

“Recalling the obligation under resolution 1540 (2004) that all States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use weapons of mass destruction, including chemical weapons and their means of delivery,

“Welcoming the Framework for Elimination of Syrian Chemical Weapons dated 14 September 2013, in Geneva, between the Russian Federation and the United States of America (S/2013/565), with a view to ensuring the destruction of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner, and expressing its commitment to the immediate international control over chemical weapons and their components in the Syrian Arab Republic,

“Welcoming the decision of the Executive Council of the Organization for the Prohibition of Chemical Weapons (OPCW) of 27 September 2013 establishing special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons program and stringent verification thereof, and expressing its determination to ensure the destruction of the Syrian Arab Republic’s chemical weapons program according to the timetable contained in the OPCW Executive Council decision of 27 September 2013,

“Stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasizing the need to convene the international conference on Syria as soon as possible,

“Determining that the use of chemical weapons in the Syrian Arab Republic constitutes a threat to international peace and security,

“Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council's decisions,

“1.   Determines that the use of chemical weapons anywhere constitutes a threat to international peace and security;

“2.   Condemns in the strongest terms any use of chemical weapons in the Syrian Arab Republic, in particular the attack on 21 August 2013, in violation of international law;

“3.   Endorses the decision of the OPCW Executive Council 27 September 2013, which contains special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons program and stringent verification thereof and calls for its full implementation in the most expedient and safest manner;

“4.   Decides that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to other States or non-State actors;

“5.   Underscores that no party in Syria should use, develop, produce, acquire, stockpile, retain, or transfer chemical weapons;

“6.   Decides that the Syrian Arab Republic shall comply with all aspects of the decision of the OPCW Executive Council of 27 September 2013 (Annex I);

“7.   Decides that the Syrian Arab Republic shall cooperate fully with the OPCW and the United Nations, including by complying with their relevant recommendations, by accepting personnel designated by the OPCW or the United Nations, by providing for and ensuring the security of activities undertaken by these personnel, by providing these personnel with immediate and unfettered access to and the right to inspect, in discharging their functions, any and all sites, and by allowing immediate and unfettered access to individuals that the OPCW has grounds to believe to be of importance for the purpose of its mandate, and decides that all parties in Syria shall cooperate fully in this regard;

“8.   Decides to authorize an advance team of United Nations personnel to provide early assistance to OPCW activities in Syria, requests the Director-General of the OPCW and the Secretary-General to closely cooperate in the implementation of the Executive Council decision of 27 September 2013 and this resolution, including through their operational activities on the ground, and further requests the Secretary-General, in consultation with the Director-General of the OPCW and, where appropriate, the Director-General of the World Health Organization, to submit to the Council within 10 days of the adoption of this resolution recommendations regarding the role of the United Nations in eliminating the Syrian Arab Republic’s chemical weapons program;

“9.   Notes that the Syrian Arab Republic is a party to the Convention on the Privileges and Immunities of the United Nations, decides that OPCW-designated personnel undertaking activities provided for in this resolution or the decision of the OPCW Executive Council of 27 September 2013 shall enjoy the privileges and immunities contained in the Verification Annex, Part II (B) of the Chemical Weapons Convention, and calls on the Syrian Arab Republic to conclude modalities agreements with the United Nations and the OPCW;

“10.  Encourages Member States to provide support, including personnel, technical expertise, information, equipment, and financial and other resources and assistance, in coordination with the Director-General of the OPCW and the Secretary-General, to enable the OPCW and the United Nations to implement the elimination of the Syrian Arab Republic’s chemical weapons program, and decides to authorize Member States to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner;

“11.  Urges all Syrian parties and interested Member States with relevant capabilities to work closely together and with the OPCW and the United Nations to arrange for the security of the monitoring and destruction mission, recognizing the primary responsibility of the Syrian Government in this regard;

“12.  Decides to review on a regular basis the implementation in the Syrian Arab Republic of the decision of the OPCW Executive Council of 27 September 2013 and this resolution, and requests the Director-General of the OPCW to report to the Security Council, through the Secretary-General, who shall include relevant information on United Nations activities related to the implementation of this resolution, within 30 days and every month thereafter, and requests further the Director-General of the OPCW and the Secretary-General to report in a coordinated manner, as needed, to the Security Council, non-compliance with this resolution or the OPCW Executive Council decision of 27 September 2013;

“13. Reaffirms its readiness to consider promptly any reports of the OPCW under Article VIII of the Chemical Weapons Convention, which provides for the referral of cases of non-compliance to the United Nations Security Council;

“14.  Decides that Member States shall inform immediately the Security Council of any violation of resolution 1540(2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures therefore;

“15. Expresses its strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;

“16.  Endorses fully the Geneva Communiqué of 30 June 2012 (Annex II), which sets out a number of key steps beginning with the establishment of a transitional governing body exercising full executive powers, which could include members of the present Government and the opposition and other groups and shall be formed on the basis of mutual consent;

“17. Calls for the convening, as soon as possible, of an international conference on Syria to implement the Geneva Communiqué, and calls upon all Syrian parties to engage seriously and constructively at the Geneva Conference on Syria, and underscores that they should be fully representative of the Syrian people and committed to the implementation of the Geneva Communiqué and to the achievement of stability and reconciliation;

“18. Reaffirms that all Member States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighboring the Syrian Arab Republic, to report any violations of this paragraph to the Security Council immediately;

“19.  Demands that non-State actors not develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighboring the Syrian Arab Republic, to report any actions inconsistent with this paragraph to the Security Council immediately;

“20.  Decides that all Member States shall prohibit the procurement of chemical weapons, related equipment, goods and technology or assistance from the Syrian Arab Republic by their nationals, or using their flagged vessels or aircraft, whether or not originating in the territory of the Syrian Arab Republic;

“21.  Decides, in the event of non-compliance with this resolution, including unauthorized transfer of chemical weapons, or any use of chemical weapons by anyone in the Syrian Arab Republic, to impose measures under Chapter VII of the United Nations Charter;

“22. Decides to remain actively seized of the matter.