VZCZCXYZ0001
PP RUEHWEB

DE RUEHDR #1062 2121450
ZNR UUUUU ZZH
P 311450Z JUL 07
FM AMEMBASSY DAR ES SALAAM
TO RUEHC/SECSTATE WASHDC PRIORITY 6529
INFO RUEHLGB/AMEMBASSY KIGALI PRIORITY 0995
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 1070
RUCNDT/USMISSION USUN NEW YORK PRIORITY

UNCLAS DAR ES SALAAM 001062 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
S/WCI FOR AMBASSADOR WILLIAMSON AND BRENDAN DOHERTY; AF/E 
FOR BARBARA YODER AND RACHEL MEYERS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM RW TZ
SUBJECT: ACTION REQUEST REGARDING ICTR CHIEF OF APPEALS 
 
¶1.  (SBU)  This is an action request.  See paragraph 7. 
Barbara Mulvaney, Senior Trial Attorney at the International 
Criminal Tribunal for Rwanda (ICTR) and US citizen, requests 
USG support for her candidacy for the position of Chief of 
Appeals at the ICTR. 
 
¶2.  (U) Mulvaney believes she is qualified for the position, 
having served as a prosecutor for more than 25 years, worked 
in all aspects of criminal law including appeals, and ran the 
multi-defendant 'Bagasoro' case which involved 390 written 
decisions. 
 
¶3.  (U)  Mulvaney is included on the roster of qualified 
candidates for Chief of Appeals which is presented to the 
Registrar of the ICTR who selects the candidate for the 
position.  According to Mulvaney, the United Nations' gender 
policy requires that a qualified woman candidate must be 
selected over a qualified man.  Mulvaney said she is the only 
female candidate with UN experience. 
 
¶4.  (SBU)  Despite her qualifications, her position on the 
roster, and the UN gender policy, Mulvaney suspects she may 
not be selected.  Mulvaney told Poloff July 24 that another 
candidate, Neville Weston from Australia, recently was 
promoted over "a more competent woman" specifically so he 
would be eligible for the Chief of Appeals position. 
Mulvaney added that within the last few weeks, ICTR changed 
its policy requiring an individual to serve in one position 
for a certain period of time before being eligible for a 
promotion, clearing the way for Weston to be promoted to 
Chief of Appeal.  These events lead Mulvaney to conclude 
Weston is "the chosen one." 
 
¶5.  (SBU)  Mulvaney noted two examples of hiring decisions at 
the ICTR that did not follow established policy.  The current 
Chief of Appeals, James Stewart, was appointed without a 
roster.  Former Chief of Prosecution Stephen Rapp was 
appointed despite Mulvaney and Silvana Arbia, two qualified 
female candidates, appearing on the same roster.  Mulvaney 
added "I always think positions should be based on merit, but 
in the UN system that is a rare event." 
 
¶6.  (SBU)  Following Rapp's departure from ICTR in 2006, 
Arbia was appointed Chief of Prosecutions on June 7, 2007. 
Mulvaney agrees Arbia is qualified and considers her a 
friend, but noted "lobbying by the Italians was over the top; 
it was amazing to see the Italians at work."  Accordingly, 
Mulvaney believes USG support will be critical for her 
candidacy for Chief of Appeals. 
 
¶7.  (U)  While the Registrar does not have a required 
deadline for naming the Chief of Appeals, Mulvaney believes 
the position will be filled in the next few weeks.  Stewart 
has resigned the position effective July 31, 2007, and 
Mulvaney believes the Registrar will not want the position 
vacant for long.  Accordingly, Post requests guidance 
regarding Barbara Mulvaney's request for support of her 
candidacy for Chief of Appeals of the ICTR. 
RETZER