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Cablegate: Unsc/Sudan: Preview of June 7 Icc Briefing

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DE RUCNDT #0455/01 1581426
ZNR UUUUU ZZH
P 071426Z JUN 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 2030
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RUEHZO/AFRICAN UNION COLLECTIVE PRIORITY
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RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
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RUEHKH/AMEMBASSY KHARTOUM PRIORITY 0754
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RUEHTC/AMEMBASSY THE HAGUE PRIORITY 8885
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UNCLAS SECTION 01 OF 02 USUN NEW YORK 000455

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM PREL SU UNSC KJUS
SUBJECT: UNSC/SUDAN: PREVIEW OF JUNE 7 ICC BRIEFING

REF: SECSTATE 070477

1. (SBU) Office of the Prosecutor (OTP) Jurisdiction,
Complementarity and Cooperation Division Director Beatrice Le
Fraper du Hellen previewed for Poloff International Criminal
Court (ICC) Prosecutor Luis Moreno-Ocampo's June 7 briefing
on June 6. Le Frapeur said Ocampo's main message would be
that the Sudanese Government of National Unity (GNU) was both
able and legally obligated to carry out the arrest warrants
for Ahmad Harun and Ali Kushayb. Le Fraper confirmed that
the Pre-Trial Chamber's decision and arrest warrants were
publicly available since May 1 and reported that the Registry
would meet with Sudanese representatives in The Hague on June
7 to proceed with formal notification. She noted that Ocampo
would not make any specific request of the UNSC for
assistance during his June 7 briefing but hoped nonetheless
the Council could stress during its June 17 stop in Khartoum
the need for the GNU to hand over these two individuals. Le
Fraper added that Ocampo would make clear to the UNSC that
the OTP was monitoring present crimes committed in Darfur, as
well as their spillover effects, noting in particular aerial
attacks against civilian villages, which constituted crimes
under the Rome Statute. Le Fraper said the OTP focused not
on the quantity of such attacks but rather on their gravity
and added that both the GNU and the rebel movements were
guilty of this type of violence. She was particularly
concerned about what the OTP considered organized violence
around IDP camps, which were aggravated by Harun's continued
tenure as Minister of State for Humanitarian Affairs.

2. (SBU) Le Fraper said Ocampo expected pushback from Qatar
and Russia about the issue of admissibility. She reported
that the GNU had announced national proceedings against
Kushayb only for "lesser crimes" in Darfur and that these
proceedings drew no link to Kushayb's affiliation with Harun,
whereas the OTP was prosecuting both Harun and Kushayb for
alleged acts committed together. She added it was not clear
where Kushayb was, held as he was in "tribal custody" either
in Khartoum or Darfur. According to Le Fraper, the Sudanese
Permanent Representative (PR) was expected to make an
"announcement" in the June 7 meeting, which, in the best-case
scenario, would be to surrender Harun and Kushayb but more
likely to make a formal challenge against their indictments.

3. (SBU) On Chad, the OTP was investigating "serious
allegations" of crimes in Tiero and Marena and would continue
to monitor the "constant" border incursions from Darfur into
eastern Chad. Le Fraper said that the GOC, which, as of
January 1, became a State Party to the Rome Statute, had so
far been helpful. On Central African Republic (CAR), the ICC
had on May 10 opened investigations into crimes committed in
2002-2003 and announced them on May 22. The OTP is also
monitoring activities in northeastern and northwestern CAR.

4. (SBU) As of June 6, the OTP had so far met with the
current UNSC President (Belgium), Qatar, African UNSC Members
and Arab states. Le Fraper noted that the Arab League had
been helpful in supporting the ICC's work in Darfur by
refusing, despite Khartoum's entreaties, to make statements
against the ICC (NOTE: According to the OTP, Khartoum was now
enlisting Organization of the Islamic Conference assistance
in denouncing the ICC. END NOTE). Le Fraper said League of
Arab States Secretary-General Amre Moussa had stated that
Harun's arrest "could not be excluded." Le Fraper also
commented on the Chinese response; when Ocampo met Chinese PR
Wang in December 2006, Wang had promised to relay to Khartoum
his assessment that the OTP was carrying out its "judicial
mandate" in Darfur.

5. (SBU) Le Fraper said that Ocampo would not engage in
sanctions discussion with the UNSC but agreed that pressure
on the GNU, whatever the form, was welcome in search of a
comprehensive solution to the Darfur crisis. She considered
the GNU's claim that international peacekeepers in Darfur
would be mandated to execute ICC arrest warrants as an
"opportunistic excuse" to continue opposing UN peacekeeping.
In response to Poloff's question about the OTP's level of
cooperation with UNMIS, Le Fraper said the OTP occasionally
sought general information on the security situation,
including attacks on peacekeepers, and might eventually seek
peacekeepers'/observers' testimony on Darfur crimes. She
added that the OTP had met with S/WCI several months ago

USUN NEW Y 00000455 002 OF 002


about possible exchanges of information and would follow up
on this meeting in the near future.
KHALILZAD

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