VZCZCXYZ0264
RR RUEHWEB

DE RUCNDT #1080/01 3321652
ZNR UUUUU ZZH
R 281652Z NOV 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 3201
INFO RUEHPF/AMEMBASSY PHNOM PENH 0123

UNCLAS USUN NEW YORK 001080 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM PREF PREL
SUBJECT: BRIEFING ON THE KHMER ROUGE TRIBUNAL AT THE UN 
 
¶1.    (U)   BEGIN SUMMARY:  The UN Secretariat hosted a 
briefing on November 27, 2007 on recent developments 
concerning the United Nations Assistance to the Khmer Rouge 
Trials (UNAKRT) and the Extraordinary Chambers in the Courts 
of Cambodia (ECCC).  Larry Johnson, 
Assistant-Secretary-General for Legal Affairs, presented the 
briefing, which was based on his recent visit to the ECCC 
(November 7-9).  The briefing primarily addressed issues of 
resident judges and allegations of corruption, including the 
possible appointment of a Special Envoy to monitor the work 
of the Court.  END SUMMARY. 
 
¶2.    (U)   Based on consultations with judges during his 
recent ECCC visit, Johnson said that there is no clear 
conception of what role, if any, resident judges should play. 
 Suggestions varied from having full time resident judges as 
registrars, to having administrative judges providing 
judicial oversight every four weeks, to having 
co-investigative judges simply assume additional tasks. 
Accordingly, Johnson indicated that it would be advisable to 
delay any action until the judges had reached agreement. 
 
¶3.    (U)   With respect to allegations of corruption, 
Johnson said he emphasized three basic messages on behalf of 
the Secretariat during his visit: 1) corruption is 
unacceptable, with a zero tolerance policy in effect; 2) 
allegations of corruption will not go away for the ECCC 
because donors are concerned with the issue and because the 
matter will likely be raised by defense counsel in court 
proceedings; and 3) the management of the Court needs to be 
strengthened, potentially with the appointment of a Special 
Envoy or Special Advisor "to engage directly with Deputy 
Prime Minister Sok An, to consult regularly with the donors 
at the Ambassadorial level, and to be a bridge between the UN 
and Cambodian sides of the Court."  According to Johnson, the 
Special Envoy position would be a short-term appointment by 
the Secretary General, beginning in mid-January and 
continuing for a period of up to nine months. 
 
¶4.    (U)   Johnson also touched upon the various meetings he 
participated in during his visit.  As to officials of the 
court, Johnson met with four Judges (Cartwright, Lemonde, 
Downing, and Lahuis), Co-Prosecutor Petit, Director Visoth, 
Deputy Director Lee, and Principal Defender Skillbeck.  He 
said that all of the court officials agreed with his first 
and third messages; however, with respect to the second 
message on allegations of corruption, the Director and Deputy 
Director described the remedial measures that were being 
taken to address the issue.  Johnson also met with 
representatives of seven donor Governments: Australia, 
Canada, France, Germany, Japan, the United Kingdom, and the 
United States (potential donor).  All Governments similarly 
agreed with his first message.  With respect to the second 
message, Johnson suggested that the EC initiative regarding 
an independent review might be the most viable option.  As to 
the third message, he said that all donors agreed to the 
appointment of a Special Envoy in  principle, but that 
several Governments raised financing-related questions. 
 
¶5.    (U)   Johnson also met with Deputy Prime Minister Sok 
An, who reaffirmed his Government's support for the Court. 
However, Johnson said that Sok An expressed reservations 
about the creation of a Special Envoy because it might 
necessitate the creation of a similar post on the Cambodian 
side.   Additionally, Johnson held a joint meeting with UNDP 
and EC representatives.   Johnson gave the floor to an EC 
representative during the briefing to describe the EC 
initiative on addressing allegations of corruption.  The EC 
representative said that the Project Board (which oversees 
the Trust Fund financing the Cambodian side of the Court) 
recently met on November 17, 2007.  He further said that the 
terms of reference for an independent review would be shared 
with the Project Board at the next meeting, which will likely 
be held in January. 
 
¶6.    (U)   Following Johnson's general conclusions, which 
underscored the importance of effectively addressing 
allegations of corruption and appointing a Special Envoy 
because of rule of law and international justice 
requirements, delegations were invited to take the floor.  In 
response to a question by the UK on the judicial timetable, 
Johnson indicated that the Court's first trial would likely 
occur in late spring or early summer.  The Netherlands asked 
about the Court's physical preparation for trials, at which 
point Johnson recognized the continuing problem in securing 
interpreters.  The Netherlands also asked whether the results 
of an independent investigation, as proposed by the EC, would 
be made public, and the EC representative responded 
positively.  Additionally, in response to a question by 
Australia on the timeline for the EC's proposed independent 
review, the EC representative indicated that the review could 
be completed by mid-summer, before the start of the first 
 
trial. 
 
¶7.    (SBU)USUN, using the Department's talking points for 
the UN's November 1 briefing on the same issue, reemphasized 
administrative issues and other matters that need to be 
addressed, including implementation of the job skills survey 
and installing stronger safeguards to protect against 
kickbacks.  USUN also expressed support for creating a 
Special Representative of the Secretary General to pursue 
structural change in the Court.  (Comment: Following the 
meeting, Johnson approached the U.S. delegation to seek 
assistance in convincing the Japanese to support the creation 
of a Special Envoy.  Johnson indicated that he had spoken to 
the Japanese Ambassador immediately before the meeting, and 
that the Ambassador was resistant to the appointment of a 
Special Envoy.  End Comment.) 
Khalilzad