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Cablegate: Sudan: Talking Points for December 4 Briefing By

VZCZCXRO1711
PP RUEHTRO
DE RUEHC #3528/01 3431841
ZNR UUUUU ZZH
P 021801Z DEC 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK PRIORITY 8930/8931
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 8675/8676

UNCLAS SECTION 01 OF 02 STATE 123528

SENSITIVE, SIPDIS

C O R R E C T E D C O P Y (ADDED SENSITIVE CAPTION)

E.O. 12958: N/A
TAGS: UNSC PREL PHUM SU XA XW
SUBJECT: SUDAN: TALKING POINTS FOR DECEMBER 4 BRIEFING BY
ICC PROSECUTOR MORENO-OCAMPO

STATE 00123528 001.2 OF 002


--------------------------
Summary and Action Request
--------------------------
1. (U) USUN is instructed to draw from the following
talking points and questions in paragraph three for the
December 4 Security Council Briefing by the International
Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo. The U.S.
objective for this briefing is to: (1) emphasize that the
Government of Sudan (GOS) continues to refuse to cooperate
with the International Criminal Court in contravention of
UNSCR 1593; and (2) urge the GoS to cooperate with the ICC.

--------------
Talking Points
--------------

2. (SBU) Begin Points:

Introduction
------------

-- I would like to begin by thanking Prosecutor Moreno-Ocampo
for his briefing related to Security Council resolution 1593
(2005). It is clear from this briefing that the Government
of Sudan (GOS) has not fulfilled its obligation to cooperate
with the International Criminal Court (ICC) under resolution
1593, which is a Chapter VII binding resolution, the
importance of which was reiterated by the Council in our
Presidential Statement of June 16, 2008.

Sudan,s Failure to Comply With UNSCR 1593
-----------------------------------------

-- The United States believes that those responsible for the
atrocities in Darfur should be held accountable, as actions
in Darfur affect the stability of Sudan as a whole. Despite
the creation of a Special Court for Darfur and numerous
committees that were established in 2005 to pursue justice
for Darfuri victims, ICC arrest warrants against Ahmad Harun
and Ali Kushayb remain outstanding. We continue to call on
the Government of Sudan to cooperate fully with the ICC as is
required by UN Security Council resolution 1593 (2005).


Continued Violence and Undermining an Already Fragile
Humanitarian Situation Underscore Why the Council
Referred this Case to the ICC in the First Place
--------------------------------------------- ---------

-- During the last six months, civilians continued to be
casualties of conflict. The UN Panel of Experts confirmed
that the Government of Sudan violated the ban on military
flights over Darfur. Both the Prosecutor,s report and the
Secretary-General,s report described Sudanese Armed Forces
and militia ground offensives supported by aerial
bombardments in the Jebel Mara region and in North Darfur.
The reports noted that government operations around Korma,
Ain Siro, and Meilit all resulted in civilian casualties,
additional civilian displacements and destruction of public
infrastructure. The Government,s recent actions are the
very type of actions that resulted in this Council referring
the conflict in Darfur to the ICC in the first place.

-- On top of this continuing violence, the Government of
Sudan has contributed to the deterioration of the
humanitarian situation in Darfur. We were able to
temporarily narrow serious gaps in life-saving sectors
created when the Government of Sudan expelled humanitarian
non-governmental organizations on March 4 and 5. However,
these efforts cannot necessarily be sustained long-term.
UNAMID reports that the international non-governmental
organization presence in Darfur has been reduced by fifty
percent, and this has dramatically reduced monitoring and
evaluation capabilities in Darfur, as well as the ability to
provide assistance to those in need. The Council must be
vigilant in holding the Government of Sudan responsible for
meeting the full humanitarian needs of its population.

Cooperation of Other States Parties
-----------------------------------

-- Those responsible for these atrocities must be held
accountable. We urge all States - including those not party

STATE 00123528 002.2 OF 002


to the Rome Statute - to refrain from providing political or
financial support to the Sudanese suspects indicted by the
ICC.

U.S. and the ICC
-----------------------------------

-- Though the United States itself is not party to the Rome
Statutes, last week, the United States was pleased to
participate for the first time as an observer to the Assembly
of States Parties to the Rome Statute. This decision
reflected the Obama Administration,s commitment to engage
the international community on issues that affect our foreign
policy interests. Ending impunity for crimes against
humanity, including crimes of the staggering scale committed
in Darfur, ranks high among the administration,s
commitments, and for this reason, the United States will
continue to be supportive of the International Criminal
Court,s prosecution of these cases to the extent consistent
with United States domestic law.

Mbeki Report
------------

-- On October 29, the African Union High-Level Panel on
Darfur (AUPD), chaired by former President Thabo Mbeki of
South Africa, made a number of recommendations to advance the
issues of accountability and combating impunity, along with
peace, healing and reconciliation. We welcome efforts to
strengthen Sudan,s national legal system in order to deal
appropriately with those who have committed atrocities in
Darfur. Efforts to strengthen Sudan,s legal system will not
achieve their aim unless they are backed by the political
will to bring perpetrators to justice. While the Mbeki
report,s recommendations concerning a hybrid tribunal are
worth further study, we believe that the ICC's prosecution of
the key architects of the conflict in Darfur remains
critical.

Conclusion
---------

-- In conclusion, let me reiterate that we unequivocally
support the pursuit of justice in holding accountable those
who have committed atrocities in Darfur. We once again call
upon the Government of Sudan to fully implement resolution
1593.

End points.
CLINTON

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