The bodies were still warm when Lieutenant Ron Rutten found them: nine corpses in civilian clothes lying crumpled by a stream, each shot in the back at close range. It was July 12, 1995, and the UN-declared “safe area” of Srebrenica had fallen the previous day. The lush pastures of eastern Bosnia were about to become Europe’s bloodiest killing fields since 1945.

Refugees poured into the UN compound. But the Dutch peacekeepers (Dutchbat) were overwhelmed and the Serbs confiscated their weapons. “From the moment I found those bodies, it was obvious to me that the Bosnian Serbs planned to kill all the men,” Rutten said. He watched horrified as Dutch troops guided the men and boys onto the Serb buses.

Srebrenica is rarely mentioned nowadays in Annan’s offices on the 38th floor of the UN secretariat building in New York. He steps down in December after a decade as secretary-general. His retirement will be marked by plaudits. But behind the honorifics and the accolades lies a darker story: of incompetence, mismanagement and worse. Annan was the head of the Department of Peacekeeping Operations (DPKO) between March 1993 and December 1996. The Srebrenica massacre of up to 8,000 men and boys and the slaughter of 800,000 people in Rwanda happened on his watch. In Bosnia and Rwanda, UN officials directed peacekeepers to stand back from the killing, their concern apparently to guard the UN’s status as a neutral observer. This was a shock to those who believed the UN was there to help them.

Annan’s term has also been marked by scandal: from the sexual abuse of women and children in the Congo by UN peacekeepers to the greatest financial scam in history, the UN-administered oil-for-food programme. Arguably, a trial of the UN would be more apt than a leaving party.

The charge sheet would include guarding its own interests over those it supposedly protects; endemic opacity and lack of accountability; obstructing investigations, promoting the inept and marginalising the dedicated. Such accusations can be made against many organisations. But the UN is different. It has a moral mission.

It was founded by the allies in 1945 to “save succeeding generations from the scourge of war” and “reaffirm faith in fundamental human rights”. Its key documents – the Charter, the Universal Declaration of Human Rights and the genocide convention – are the most advanced formulation of human rights in history. And they have been flouted by UN member states for decades.

A more specific charge would be that, under the doctrine of command responsibility, the UN is guilty of war crimes. Broadly speaking, it has three principles: that a commander ordered atrocities to be carried out, that he failed to stop them, despite being able to, or failed to punish those responsible. The case rests on the second, that in Rwanda in 1994, in Srebrenica in 1995 and in Darfur since 2003, the UN knew war crimes were occurring or about to occur, but failed to stop them, despite having the means to do so.

Charge one: Rwanda

That in 1994, Annan and the DPKO refused the UN commander General Romeo Dallaire (below) permission to raid Hutu arms caches, despite his warning mass slaughter was planned, that they failed to inform the security council, and failed to clarify the extent of the genocide

Unamir, the UN mission to Rwanda, was deployed in October 1993 to implement the Arusha peace accords, with the aim of ending the civil war between the Hutus and Tutsis. The Hutu government continued to plan a mass slaughter of Tutsis. By January 1994, ethnic tension was at boiling point. The 2,500 Unamir troops were under-equipped. Dallaire lacked everything from intelligence-gathering capability to batteries for troops’ torches.

By January 1994, Dallaire had received detailed information about the planned mass murder from a source inside the Hutu militia known as “Jean-Pierre”. The general asked the DPKO for authorisation to raid the arms caches and offer sanctuary to Jean-Pierre and his family. On January 11, 1994, he cabled New York: “Since Unamir mandate, he [Jean-Pierre] has been ordered to register all Tutsis in Kigali. He suspects it is for their extermination. Example he gave was that in 20 minutes his personnel could kill up to 1,000 Tutsis.” He said he planned to raid the arms caches within the next 36 hours. He concluded: “Peux ce-que veux. Allons-y” – “Where there’s a will, there’s a way. Let’s go.”

There was no will and no way. Annan’s office replied, in a cable signed by his deputy, Iqbal Riza: “We must handle this information with caution.” Dallaire warned of mass slaughter, but Annan counselled prudence. “No reconnaissance or other action, including response to request for protection, should be taken by Unamir until clear guidance is received from headquarters.” Dallaire was furious. The next day his boss, Jacques-Roger Booh-Booh, replied to Annan, backing Dallaire, emphasising that Jean-Pierre only had a maximum of 48 hours before he was due to distribute the arms for the massacres. Annan’s reply, again signed by Riza, was negative. He ordered Dallaire not to proceed with the planned raid. It was, he said, beyond Unamir’s mandate under resolution 872. This was untrue. UN mandates were interpreted by DPKO officials as they saw fit. Resolution 872 mandated Unamir to “secure the city of Kigali” within “a weapons-secure area established by the parties in and around the city”. This was sufficient mandate. Dallaire was not even allowed to help Jean-Pierre. “The overriding consideration is the need to avoid entering into a course of action that might lead to the use of force and unanticipated repercussions,”
Annan’s cable concluded.