sábado, 28 de septiembre de 2013

THE UN RESOLUTION 2118 (2013) ON SYRIA




THE UN RESOLUTION 2118 (2013) ON SYRIA 

IT CONTAINS CONTRADICTORY STATEMENTS  IN THE INTRODUCTION & A 2nd ANNEX THAT NEEDS TO BE CLARIFIED


THE 1ST PARAGRAPH  OF  THE INTRODUCTION REEDS:
Deeply outraged by the use of chemical weapons on 21 August in a Damascus suburb, as concluded by a United Nations investigation team, the Security Council this evening endorsed the expeditious destruction of Syria’s chemical weapons programme, with inspections to begin by 1 October, and agreed that in the event of non-compliance, it would impose “Chapter VII” measures.

THE 9TH & 10TH PARAGRAPH SAID:
In the debate that followed, Council members praised the text for placing binding obligations on Syrian President Bashar al-Assad’s regime, requiring it to get rid of its “tools of terror”.  United States Secretary of State John Kerry said that that regime bore the burden of meeting the terms of the resolution.
At the same time, Sergey Lavrov, Minister for Foreign Affairs of the Russian Federation, emphasized that the responsibility for implementing the resolution did not lay with Syria alone.  The text had not been passed under the Charter's Chapter VII, nor did it allow for coercive measures.  It contained requirements for all countries, especially Syria's neighbours, which must report on moves by non-State actors to secure chemical weapons.
-----------------------------

THE RESOLUTION 2118
The full text of Security Council resolution 2118 (2013) reads as follows:
[HERE SOME SELECTED EXTRACTS: go to the website above to read the full text: http://www.un.org/News/Press/docs//2013/sc11135.doc.htm]

The Security Council,

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

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,
[..]
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 emphasising 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 programme 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 programme, 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 programme 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 neighbouring 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 neighbouring the Syrian Arab Republic, to report any actions inconsistent with this paragraph to the Security Council immediately;


“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.
---------------- 
IT FOLLOWS 2 ANNEXES:
Annex I OPCW Executive Council Decision on destruction of Syrian chemical weapons
Annex II Action Group for Syria Final Communiqué 30 June 2012
“1.   On 30 June 2012, the Secretaries-General of the United Nations and the League of Arab States, the Ministers for Foreign Affairs of China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Turkey, Iraq (Chair of the Summit of the League of Arab States), Kuwait (Chair of the Council of Foreign Ministers of the League of Arab States) and Qatar (Chair of the Arab Follow-up Committee on Syria of the League of Arab States) and the High Representative of the European Union for Foreign Affairs and Security Policy met at the United Nations Office at Geneva as the Action Group for Syria, chaired by the Joint Special Envoy of the United Nations and the League of Arab States to Syria.
NOTE
IF THE PARAGRAPH 1 ABOVE is only informative of what happens on 30 june 2012, is ok to place this annex in the UN res 2118, but if it is intending to give to those countries any voice in the coming implementation of Res 2118, that will destroy the spirit of peace contained in this whole Res since those countries were involved in the destruction of  Syria after June 2012 till now.  

================  



No hay comentarios:

Publicar un comentario