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Cablegate: Icc - Guidance for Scheduled December 3 Usun

VZCZCXRO2358
OO RUEHBZ RUEHGI RUEHMA RUEHROV
DE RUEHC #2617/01 3371725
ZNR UUUUU ZZH
O R 031707Z DEC 07
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 9806
INFO DARFUR COLLECTIVE
UN SECURITY COUNCIL COLLECTIVE

UNCLAS SECTION 01 OF 02 STATE 162617

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC KPKO KJUS PHUM SU
SUBJECT: ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN
MEETING AND DECEMBER 5 UNSC CONSULTATION WITH ICC
PROSECUTOR ON DARFUR

1. (U) USUN is instructed to draw from the following talking
points during the scheduled USUN working level meeting with
ICC Prosecutor Luis Moreno Ocampo on December 3 and for its
participation in formal ICC consultations with UNSC members
on Sudan on December 5:

-- The concerns of the United States about the Rome Statute
and the International Criminal Court are well known and have
not changed. In spite of these concerns, we appreciate the
report of the Prosecutor of the ICC with respect to his work
pursuant to UNSCR 1593.

-- The United States has consistently supported bringing to
justice those responsible for crimes, human rights violations
and atrocities in Darfur. The violence in Darfur must end,
and those who have committed atrocities in Darfur must be
brought to account.

-- We share the Prosecutor's assessment that the ongoing
situation in Darfur is alarming, and that justice for crimes
against the people of Darfur is needed to enhance security
and send a warning to individuals who might resort to
criminality as a way of achieving their aims.

-- The United States is particularly troubled by the
Prosecutor,s report that the Government of Sudan is still
not cooperating and has taken no steps to arrest and
surrender the two individuals that are subject to ICC arrest
warrants: current Minister of State for Humanitarian Affairs
Ahmad Muhammad Harun and the Janjaweed leader known as Ali
Kushayb. We call on the Sudanese Government to cooperate
fully with the ICC as required by resolution 1593.

-- As we noted following the Prosecutor,s last briefing to
the Council on Darfur, the United States has imposed targeted
economic sanctions against certain individuals responsible
for the violence, a transport company that has moved weapons
to the janjaweed militia and government forces, as well as
against companies owned or controlled by the Government of
Sudan.

-- We also share the Prosecutor's concern at the increasing
number of attacks not only on displaced persons and other
innocent civilians, but also on personnel of the African
Union, the United Nations and international aid workers.
Violence and criminality against those who came to help the
suffering people of Darfur are intolerable, and impunity for
such acts must end.

-- The United States continues to be deeply committed to
peace, stability and the provision of humanitarian aid for
the people of Sudan. Presidential Special Envoy Natsios and
Deputy Secretary Negroponte have both visited Sudan in the
past year to consult with all parties to stress our continued
support for the Darfur Peace Agreement (DPA) and the
Comprehensive Peace Agreement (CPA), and the deployment of
the UN-AU hybrid peacekeeping force, UNAMID, as mandated by
Resolution 1769. We also continue to urge those who have not
signed the DPA or agreed to participate in the peace process
led jointly by the UN and the AU to do so quickly so that
efforts to rebuild Darfur may accelerate.

-- The United States believes strongly in the need for
accountability for acts of genocide, war crimes, and crimes
against humanity committed in Darfur. We look forward to
continuing to work with other members of the Council on
constructive steps to achieve this important objective.

End talking points for UNSC consultations.

2. (SBU) Department understands that USUN,s separate meeting
with the ICC Prosecutor is intended primarily as an
opportunity for the Prosecutor to brief the Mission in
advance of his formal presentation to the Security Council.
USUN should thus be largely in a listening mode, but may draw
from the above points as appropriate. Additionally, the
following contingency talking point regarding the ICC and
Sudan may be used on an if-asked basis in the meeting with
the ICC Prosecutor:

-- As you know, senior State Department officials have
publicly stated that, should the ICC request any assistance
from the U.S. Government with regard to the UNSC,s referral
of the Darfur situation to the ICC under resolution 1593, the

STATE 00162617 002 OF 002

SUBJECT: ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN
MEETING AND DECEMBER 5 UNSC CONSULTATION WITH ICC
PROSECUTOR ON DARF
U.S. Government would be prepared to consider such a request.
This continues to be our policy.

End contingency talking point for USUN meeting with the
Prosecutor.

3. (U) Should any delegation propose or pursue a formal
Security Council product such as a Presidential Statement
(PRST) or Press Statement, Mission is instructed to seek
further guidance from Washington.
RICE

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