Cablegate: Guidance: December 3 Unsc Debate On Ictr/Icty


DE RUEHC #3216 3360019
O P 020015Z DEC 09



E.O. 12958: N/A

1. (U) The Department requests that USUN draw on the points
in paragraph 2 for use during the Security Council's December
3 debate on the Completion Strategies for the International
Criminal Tribunal for the Former Yugoslavia and Rwanda (ICTY
and ICTR).

2. (U) Begin points:

-- The United States commends the Prosecutors and Presidents
for their work to bring perpetrators of some of the world's
most heinous crimes to justice and we thank them for their
assessments. We also wish to highlight the important work
that tribunals' judges and staff are doing and thank them for
their continued dedication to justice, especially as they
prepare for the closure of the ICTY and ICTR. We recognize
that an efficient closure that continues to support victims
and ensures that they receive a measure of justice for these
crimes requires difficult, dedicated work. We note our
appreciation for the efforts of ICTR President Byron and ICTY
President Robinson. We would also like to recognize the
important work of Prosecutors Serge Brammertz and Hassan
Jallow and Registrars Dieng and Hocking.

-- The United States reiterates the importance of creating a
residual mechanism to manage the necessary functions of the
Tribunals after completion of pending trials and appeals. We
thank the Secretary General for his report on the
administrative and budgetary aspects of a residual mechanism.
This report will help decision makers to develop an
effective, cost-efficient mechanism. We urge both tribunals
to continue to strive to complete their work at the earliest
possible date, and we thank the Security Council Working
Group, chaired by Austria, for its efforts to address and
resolve residual issues.

-- The Tribunals were established to identify those
responsible for some of history's worst crimes and to hold
those individuals accountable. We cannot lose sight of the
historic importance of this task, and we must work toward
establishing residual mechanisms that do not allow the 13
outstanding ICTY and ICTR fugitives to escape justice. It is
essential that the individuals indicted by the ICTY and ICTR
who remain at large are apprehended and brought to justice
without further delay. We call on all States to fulfill
their legal obligations to cooperate with the Tribunals and
call on all States to take the necessary steps to ensure the
apprehension of the remaining fugitives.

-- The United States wishes to highlight the need to
reinforce efforts to bring ICTR fugitive Felicien Kabuga to
face international justice. We note with concern that the
Government of Kenya has not responded to the ICTR's requests
for certain government records relating to Kabuga's assets
and has not provided details to support the claim that Kabuga
has left Kenya. The United States urges Kenya to act
immediately on the Tribunal's recommendations and to take
effective steps to deny Kabuga access to his networks of

-- The United States acknowledges Rwanda's desire to receive
transferred cases from the ICTR, and commends the
Prosecutor's support for that effort, as well as the Rwandan
government's and others' work to build capacity in the
Rwandan legal system to make such transfers possible. Rwanda
has made significant progress in reforming its judicial
sector and we welcome the recent transfer of eight
individuals convicted by the Special Court of Sierra Leone to
Mpanga prison in Rwanda last month. This achievement
highlights Rwanda's growing capacity and commitment to meet
international standards. The ability of the ICTR to transfer
cases to Rwanda and other states as appropriate is an
important and critical step towards meeting the Tribunal's
completion strategy.

-- The United States commends States' efforts to cooperate
with the ICTY, but critical steps remain to be taken. All
states must fully cooperate with the ICTY; Ratko Mladic and
Goran Hadzic must be arrested and transferred to the ICTY to
face justice. Cooperation with the ICTY remains a fundamental
obligation for all states in the region. We commend the
Government of Serbia for its improved cooperation, and we
urge the government of Serbia to continue to do everything in
its power to locate, arrest, and transfer Ratko Mladic to the
ICTY. The arrests of Mladic and Hadzic are important for the
successful completion of the ICTY's mandate and for Serbia's
full Euro-Atlantic integration. In terms of cooperation by
the Croatian authorities, we note that Croatia has engaged in
extensive efforts to respond to the Trial Chamber's order of
September 2008 to deliver or engage in a credible
investigation into the fate of the requested artillery
documentation from Operation Storm. In our judgment those
efforts have been conducted in good faith, and we believe
that the Government of Croatia's latest investigation, which
is continuing, is credible and represents a significant step
forward in Croatia's cooperation with the ICTY. At the same
time, we encourage the Croatian authorities to explore
additional measures, such as using outside expertise and
engaging in more aggressive investigative techniques, that
might aid in the recovery of additional documents. We remain
concerned about the political situation in Bosnia and
Herzegovina and the divisive rhetoric that continues to be
used by political leaders there. We note the critically
important work that international prosecutors and judges are
doing in Bosnia. International judges and prosecutors have
worked tirelessly to bring justice to the victims, regardless
of ethnicity.

-- We again thank the Presidents, Prosecutors, Registrars,
and their staffs for their work. We recognize that the work
of the tribunals remains critically important to the fight
against impunity.

End points.

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