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Cablegate: Instructions for Costa Rica Draft Prst On Icc

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OO RUEHWEB

DE RUEHC #9717 1560212
ZNR UUUUU ZZH
O 040203Z JUN 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHKH/AMEMBASSY KHARTOUM IMMEDIATE 0000

UNCLAS STATE 059717

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PHUM KJUS UNSC SU
SUBJECT: INSTRUCTIONS FOR COSTA RICA DRAFT PRST ON ICC


Sensitive but Unclassified - treat accordingly.

1. ACTION REQUEST - Costa Rica has circulated the draft
text of a Presidential Statement (PRST) in connection with
the ICC Prosecutor's report pursuant to UNSCR 1593 on
Darfur. USUN should explore with the Costa Ricans and
others the option of returning to the text put forward by
UKUN last December (in the form set forth below in para 4)
as a basis for any PRST in connection with this report.
If that is not feasible, USUN is instructed to raise
concerns noted in para 2 during expert-level meetings and
suggest changes (in brackets) in the text at para 3
below. End Action Request.

2. The Department is concerned that the Costa Rican draft
is unfocused, risks needless and counter-productive
debate, and would be difficult for the Council to adopt.
Two possible options for dealing with the situation would
be to return to the text of the PRST circulated by UKUN
last December (but eventually withdrawn because of

resistance from some Council members) as a far more
realistic basis or discussions now; or, failing that, to
adopt the changes set out in para 3 below. USUN should
submit any texts developed by experts to the Department
for inter-agency clearance.

3. Costa Rican draft text with suggested emendations:

Para 1. The Security Council welcomes the seventh report
of the Prosecutor of the International Criminal Court (the
Court) on June 5, 2008, pursuant to its resolution 1593
(2005).

Para 2 should be deleted. If that is not feasible, we
could accept the following: The Security Council (add:
stresses the importance of ending impunity for serious
violations of international humanitarian law as part of a
comprehensive approach to seeking sustainable peace)
(delete: recognizes that ending impunity is an essential
component of a solution in Darfur in all its aspects -
political, security, humanitarian and judicial).

Para 3. The Security Council recalls resolution 1593
(2005), in which, acting under Chapter VII of the Charter
of the United Nations, it decided, inter alia, that the
Government of Sudan and all other parties of the conflict
in Darfur shall cooperate fully with and provide any
necessary information to the International Criminal Court
and the Prosecutor (add: pursuant to that resolution).
(Note: This would mirror the language in OP-2 of UNSCR
1593. The PRST needs to be clear that the obligation to
cooperate we are talking about is the obligation under
that resolution, and not any other obligation.)

Para 4, (This paragraph, which is fundamentally
off-message, should be deleted: The Security Council
continues to encourage the Court, as appropriate and in
accordance with the Rome Statute. to support international
cooperation with domestic efforts to promote the rule of
law, protect human rights and combat impunity in
Darfur)(Note: We do not want this PRST to be suggesting
that we are looking to Sudanese courts as a realistic
alternative for dealing with the main problems of
accountability for the atrocities in Darfur. We are not
realistically looking to Sudanese courts.)

Para 5. (Delete this paragraph: The Security Council
recognizes that the continued commission of crimes is a
concrete obstacle facing all actors engaged in helping the
people of Darfur and notes that impunity fuels violence,
and in turn hampers security and humanitarian efforts
The Security ouncili underlines that enforcing the law can
contribute to the creation of genuine conditions for peace
and security.)(Note: If necessary, we would utilize the
fallback language for paragraph 2 as a way to deal
generally with this point.)

Par

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