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Cablegate: Icc Prosecutor Stresses Importance Of

VZCZCXRO0586
PP RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUCNDT #1103/01 3421549
ZNR UUUUU ZZH
P 081549Z DEC 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 7770
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 USUN NEW YORK 001103

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL KPKO SU AF
SUBJECT: ICC PROSECUTOR STRESSES IMPORTANCE OF
MARGINALIZING INDICTEES

1. Summary: In his December 4 briefing to the Security
Council, International Criminal Court (ICC) Prosecutor
Moreno-Ocampo discussed positive and negative developments in
the cases being pursued under UNSCR 1593, which referred the
conflict in Darfur to the ICC. Ocampo characterized as
positive the voluntary appearance of rebel leader Abu Garda
at the Hague; cooperation between regional organizations and
the ICC, and support from States for execution of the ICC
arrest warrants. Ocampo said that negative developments
included the Government of Sudan's (GoS) refusal to cooperate
with the Court and continuation of crimes in Darfur. Council
members broadly discussed these issues. A complete
transcript of the proceedings can be found at
http://www.un.org/Depts/dhl/resguide/scact200 9.htm. End
Summary.

Positive Developments
---------------------

2. Ocampo began his December 4 meeting by discussing three
positive developments. He noted the voluntary appearance of
one of the defendants, Bahr Idriss Abu Garda, in the case
involving a rebel attack on peacekeepers in Haskanita.
Ocampo also discussed ICC cooperation with regional
institutions, including particularly the African Union
High-Level Panel on Darfur (AUPD). Ocampo said that the ICC
would continue to cooperate with the AUPD. He noted that the
AUPD listed three prerequisites that the GoS would need to
meet: removing official immunities; adopting special
measures for crimes involving sex and gender based violence
(SGBV); and ensuring protection of witnesses.

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3. Ocampo also discussed cooperation of States with the ICC,
including for the execution of arrest warrants. He listed
states and regional organizations that had publicly expressed
support for the ICC, and pointed out that President Bashir
has not been able to travel to high-level international
events because of his status as an indicted war criminal.
Ocampo stressed that continued marginalization of indictees
could lead to ultimate implementation of arrest warrants.

Negative Developments
---------------------

4. Ocampo catalogued the GoS's lack of cooperation with the
ICC, including Bashir's refusal to appear in Court or to
appoint a lawyer, as well as the GoS failure to arrest
indictees Ali Kushayb and Ahmad Harun. Ocampo stated that
Bashir had attempted to shift international attention away
from crimes committed in Darfur to the conflict in the South.
Ocampo also stated that crimes are continuing, including
indiscriminate bombing of civilians, forced displacement;
hindering humanitarian aid; SGBV and use of child soldiers.
Ocampo pointed to reports of militia/janjaweed attacks
against villages in North Darfur as recently as November 25.

P-5 Views
---------

5. Ambassador DiCarlo acknowledged some progress, including
cooperation with the ICC by certain states and regional
organizations. However, she stressed that the GoS had failed
to fulfill its obligation to cooperate with the ICC under
UNSCR 1593. DiCarlo noted that continued violence in Darfur
undermined the fragile humanitarian situation, and said that
the GoS must be held responsible for meeting its people's
humanitarian needs. She expressed support for the AUPD
recommendation to strengthen Sudan's legal system, but noted
this would not succeed without the political will to bring
perpetrators to justice.

6. The United Kingdom praised the AUPD report as detailed
and balanced, but still expressed strong support for the ICC.
France also expressed strong support for the ICC. Both the
UK and France, along with Russia, stated that the GoS had
failed to comply with its obligation under UNSCR 1593 to
cooperate with the ICC. Russia noted that Ocampo should
calibrate his actions so that peace could be achieved,
stressing the primacy of reaching a political settlement to
end the conflict in Darfur. China emphasized that justice
was only one element in a complex equation of problems faced
by Sudan.

African Council Members' Views
------------------------------

7. Uganda welcomed the AUPD recommendation for a hybrid
court and urged the GoS to establish such a court. Uganda
stressed that the Darfur conflict must be resolved in a way
that avoids anarchy, and the Mbeki panel had taken into
account the unique circumstances of Darfur, Sudan and Africa.

USUN NEW Y 00001103 002 OF 002


Uganda called on the Security Council to support the
recommendations of the AUPD.

8. Libya said that Council members who support the ICC in
the Sudan context oppose the ICC in the context of the
Goldstone Report. Libya argued that the ICC was a tool for
certain countries to achieve their policies. Libya also
stated that because Sudan is not a party to the Rome Statute,
it has no obligation to cooperate with the ICC. Libya
reiterated its call for Article 16 deferral of the indictment
against Bashir, and observed that the AU Peace and Security
Council, when it endorsed the AUPD report, again called for
Article 16 deferral.

9. Burkina Faso expressed concern over the impact of the
arrest warrant against Bashir, noting that justice cannot
bring peace without a consensual political solution. Burkina
Faso said that issuing an arrest warrant against Bashir would
complicate peace efforts and that the Council needs to give
the peace process an opportunity to succeed.
RICE

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