VZCZCXRO8590
PP RUEHBC RUEHBZ RUEHDE RUEHDU RUEHGI RUEHJO RUEHKUK RUEHMA RUEHMR
RUEHPA RUEHRN RUEHROV RUEHTRO
DE RUCNDT #0455/01 1581426
ZNR UUUUU ZZH
P 071426Z JUN 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 2030
INFO RUEHEE/ARAB LEAGUE COLLECTIVE PRIORITY
RUEHZO/AFRICAN UNION COLLECTIVE PRIORITY
RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 1339
RUEHEG/AMEMBASSY CAIRO PRIORITY 0842
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 0754
RUEHNJ/AMEMBASSY NDJAMENA PRIORITY 0293
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 8885
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000455 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL SU UNSC KJUS
SUBJECT: UNSC/SUDAN: PREVIEW OF JUNE 7 ICC BRIEFING 
 
REF: SECSTATE 070477 
 
¶1. (SBU) Office of the Prosecutor (OTP) Jurisdiction, 
Complementarity and Cooperation Division Director Beatrice Le 
Fraper du Hellen previewed for Poloff International Criminal 
Court (ICC) Prosecutor Luis Moreno-Ocampo's June 7 briefing 
on June 6.  Le Frapeur said Ocampo's main message would be 
that the Sudanese Government of National Unity (GNU) was both 
able and legally obligated to carry out the arrest warrants 
for Ahmad Harun and Ali Kushayb.  Le Fraper confirmed that 
the Pre-Trial Chamber's decision and arrest warrants were 
publicly available since May 1 and reported that the Registry 
would meet with Sudanese representatives in The Hague on June 
7 to proceed with formal notification.  She noted that Ocampo 
would not make any specific request of the UNSC for 
assistance during his June 7 briefing but hoped nonetheless 
the Council could stress during its June 17 stop in Khartoum 
the need for the GNU to hand over these two individuals.  Le 
Fraper added that Ocampo would make clear to the UNSC that 
the OTP was monitoring present crimes committed in Darfur, as 
well as their spillover effects, noting in particular aerial 
attacks against civilian villages, which constituted crimes 
under the Rome Statute.  Le Fraper said the OTP focused not 
on the quantity of such attacks but rather on their gravity 
and added that both the GNU and the rebel movements were 
guilty of this type of violence.  She was particularly 
concerned about what the OTP considered organized violence 
around IDP camps, which were aggravated by Harun's continued 
tenure as Minister of State for Humanitarian Affairs. 
 
¶2. (SBU) Le Fraper said Ocampo expected pushback from Qatar 
and Russia about the issue of admissibility.  She reported 
that the GNU had announced national proceedings against 
Kushayb only for "lesser crimes" in Darfur and that these 
proceedings drew no link to Kushayb's affiliation with Harun, 
whereas the OTP was prosecuting both Harun and Kushayb for 
alleged acts committed together.  She added it was not clear 
where Kushayb was, held as he was in "tribal custody" either 
in Khartoum or Darfur.  According to Le Fraper, the Sudanese 
Permanent Representative (PR) was expected to make an 
"announcement" in the June 7 meeting, which, in the best-case 
scenario, would be to surrender Harun and Kushayb but more 
likely to make a formal challenge against their indictments. 
 
¶3. (SBU) On Chad, the OTP was investigating "serious 
allegations" of crimes in Tiero and Marena and would continue 
to monitor the "constant" border incursions from Darfur into 
eastern Chad.  Le Fraper said that the GOC, which, as of 
January 1, became a State Party to the Rome Statute, had so 
far been helpful.  On Central African Republic (CAR), the ICC 
had on May 10 opened investigations into crimes committed in 
2002-2003 and announced them on May 22.  The OTP is also 
monitoring activities in northeastern and northwestern CAR. 
 
¶4. (SBU) As of June 6, the OTP had so far met with the 
current UNSC President (Belgium), Qatar, African UNSC Members 
and Arab states.  Le Fraper noted that the Arab League had 
been helpful in supporting the ICC's work in Darfur by 
refusing, despite Khartoum's entreaties, to make statements 
against the ICC (NOTE: According to the OTP, Khartoum was now 
enlisting Organization of the Islamic Conference assistance 
in denouncing the ICC.  END NOTE).  Le Fraper said League of 
Arab States Secretary-General Amre Moussa had stated that 
Harun's arrest "could not be excluded."  Le Fraper also 
commented on the Chinese response; when Ocampo met Chinese PR 
Wang in December 2006, Wang had promised to relay to Khartoum 
his assessment that the OTP was carrying out its "judicial 
mandate" in Darfur. 
 
¶5. (SBU) Le Fraper said that Ocampo would not engage in 
sanctions discussion with the UNSC but agreed that pressure 
on the GNU, whatever the form, was welcome in search of a 
comprehensive solution to the Darfur crisis.  She considered 
the GNU's claim that international peacekeepers in Darfur 
would be mandated to execute ICC arrest warrants as an 
"opportunistic excuse" to continue opposing UN peacekeeping. 
In response to Poloff's question about the OTP's level of 
cooperation with UNMIS, Le Fraper said the OTP occasionally 
sought general information on the security situation, 
including attacks on peacekeepers, and might eventually seek 
peacekeepers'/observers' testimony on Darfur crimes.  She 
added that the OTP had met with S/WCI several months ago 
 
USUN NEW Y 00000455  002 OF 002 
 
 
about possible exchanges of information and would follow up 
on this meeting in the near future. 
KHALILZAD