VZCZCXYZ0002
PP RUEHWEB

DE RUCNDT #2111 3071944
ZNR UUUUU ZZH
P 031944Z NOV 06
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 0673

UNCLAS USUN NEW YORK 002111 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNGA ODIP ILC
SUBJECT: SEEKING SUPPORT FOR U.S. CANDIDATE FOR THE 
INTERNATIONAL LAW COMMISSION - STATUS REPORT 
 
REF: A. STATE 137429 
     ¶B. STATE 180503 
 
¶1.  ACTION REQUEST PARA 6. 
 
¶2.  ON NOVEMBER 16, THE GENERAL ASSEMBLY WILL HOLD ELECTIONS 
TO FILL ALL 34 SEATS ON THE INTERNATIONAL LAW COMMISSION. 
THE U.S. HAS NOMINATED FORMER STATE DEPARTMENT DEPUTY LEGAL 
ADVISER MICHAEL MATHESON FOR ONE OF THE EIGHT VACANCIES IN 
THE WESTERN EUROPEAN AND OTHERS GROUP (WEOG).  THE ELEVEN 
CANDIDATES FOR THE EIGHT SEATS INCLUDE SEVEN EU MEMBERS 
(FRANCE, GERMANY, GREECE, ITALY, PORTUGAL, SWEDEN AND THE 
UK), CANADIAN, SWISS (ILC HOST COUNTRY), TURKISH AND U.S. 
NATIONALS.  ALL HAVE BEEN ACTIVELY CAMPAIGNING AT THE UN IN 
RECENT MONTHS.  TO BE ELECTED, A CANDIDATE MUST RECEIVE A 
MAJORITY OF THE VOTES OF THOSE PRESENT AND VOTING 
(ABSTENTIONS DON'T COUNT) AND PLACE AMONG THE TOP EIGHT IN A 
GENERAL ASSEMBLY SECRET BALLOT. 
 
¶3.  THE U.S. LAUNCHED MATHESON'S CAMPAIGN IN DECEMBER 2005 
WHEN IT PRESENTED HIS NOMINATION TO THE SECRETARY GENERAL AND 
THE CHAIRMAN OF THE WEOG.  AT THAT TIME, USUN ALSO SENT A 
DIPLOMATIC NOTE TO ALL MISSIONS (EXCEPT THOSE ON NO CONTACT 
LIST) REQUESTING SUPPORT FOR THE CANDIDACY.  A FOLLOW-UP 
REMINDER NOTE (AND CV) WAS SENT THIS WEEK.  IN AUGUST, THE 
DEPARTMENT SENT A DEMARCHE REQUEST TO ALL POSTS (REF.A) AND 
RECENTLY SENT A FOLLOW-UP DEMARCHE REQUEST (REF.B).  MATHESON 
HAS BEEN IN NEW YORK TO MEET WITH DELEGATIONS AND USUN WILL 
HOST A MEET-THE-CANDIDATE RECEPTION NEXT WEEK.  AS THE 
ELECTION APPROACHES, HIS PRESENCE IN NEW YORK TO CAMPAIGN 
WILL BE A CRITICAL FACTOR. 
 
¶4.  IN VIEW OF THE U.S. POLICY OF NOT TRADING VOTES, OUR 
STRATEGY FOR SEEKING SUPPORT IS TO MAKE SURE THAT EACH 
DELEGATION RECEIVES A PERSONAL REQUEST FROM THE CANDIDATE OR 
ONE OF USUN'S AMBASSADORS, SENIOR AREA ADVISERS OR OFFICERS. 
WITH ASSISTANCE FROM THE DEPARTMENT USUN OBTAINED COPIES OF 
MATHESON'S CV AND TALKING POINTS IN ALL SIX OF THE UN'S 
OFFICIAL LANGUAGES.  THESE HAVE BEEN USED BY THE AREA 
ADVISERS IN THEIR MEETINGS WITH AMBASSADORS FROM OTHER 
MISSIONS.  TO DATE, USUN HAS CONTACTED APPROXIMATELY 110 
MISSIONS.  POSTS HAVE CONTACTED SOME OF THESE AND AN 
ADDITIONAL 24 DELEGATIONS WITH WHICH WE HAVE NOT YET MADE 
CONTACT IN NEW YORK.  AS A RESULT OF THESE MEETINGS WITH 134 
DELEGATIONS, 70 HAVE INDICATED THAT THEY WILL SUPPORT THE 
U.S. CANDIDATE.  USUN HAS, HOWEVER, RECEIVED ONLY 20 WRITTEN 
COMMITMENTS.  ALTHOUGH THERE IS USUALLY A FLURRY OF LATE 
RESPONSES, THIS NUMBER IS LOW FOR A SECRET BALLOT WHERE 
TRADITIONALLY THERE HAS BEEN SOME SLIPPAGE BETWEEN 
COMMITMENTS AND VOTES RECEIVED.  IF ALMOST ALL DELEGATIONS 
VOTE (AS THEY DID IN THE SECURITY COUNCIL ELECTIONS), WE WILL 
NEED AT LEAST 97 VOTES TO MEET THE SIMPLE MAJORITY THRESHOLD. 
 THIS MEANS WE SHOULD HAVE SIGNIFICANTLY MORE THAN DOUBLE THE 
NUMBER OF CURRENT COMMITMENTS IN ORDER TO PLACE IN THE TOP 
EIGHT IN THE WEOG.  AT THE LAST ILC ELECTION, FIVE YEARS AGO, 
CANDIDATES ELECTED FROM THE WEOG RECEIVED AROUND 153 VOTES 
EACH.  THE RANGE WAS 161-134. 
 
¶5.  THE RACE FOR THE WEOG SEATS IS TIGHT AND THE LIKELIHOOD 
THAT EU MEMBERS WILL SUPPORT THEIR PARTNERS' CANDIDATES 
LEAVING ONLY ONE VOTE FOR AMONG THE OTHER FOUR CANDIDATES 
(CANADA, SWITZERLAND, TURKEY, U.S.) WILL MAKE IT MORE 
DIFFICULT FOR MATHESON TO GAIN THE SUPPORT OF OUR EUROPEAN 
ALLIES. 
 
¶6.  ACTION REQUEST:  IN THE REMAINING TWO WEEKS BEFORE THE 
ELECTION, USUN PLANS TO ACCELERATE EFFORTS HERE TO OBTAIN 
COMMITMENTS FOR THE U.S. CANDIDATE.  WE WILL CONTINUE TO 
REPORT RESULTS VIA LISTS TO IO/UNP AND URGE THAT DEPARTMENT 
OFFICIALS EMPHASIZE THE IMPORTANCE OF THIS ELECTION WHEN 
MEETING WITH THEIR COUNTERPARTS.  THE DEPARTMENT SHOULD ALSO 
CLOSELY MONITOR THE RESULTS OF REFTEL DEMARCHES IN CAPITALS 
AND REPEAT AS REQUIRED.  WITH JUST TWO WEEKS REMAINING UNTIL 
THE ELECTION, ACTION TO GATHER VOTES MUST BE A HIGH PRIORITY 
FOR MATHESON TO BE ELECTED. 
BOLTON