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Viewing cable 07STATE162617, ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN

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Reference ID Created Released Classification Origin
07STATE162617 2007-12-03 17:07 2011-08-24 16:30 UNCLASSIFIED//FOR OFFICIAL USE ONLY Secretary of State
VZCZCXRO2358
OO RUEHBZ RUEHGI RUEHMA RUEHROV
DE RUEHC #2617/01 3371725
ZNR UUUUU ZZH
O R 031707Z DEC 07
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 9806
INFO DARFUR COLLECTIVE
UN SECURITY COUNCIL COLLECTIVE
UNCLAS SECTION 01 OF 02 STATE 162617 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC KPKO KJUS PHUM SU
SUBJECT: ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN 
MEETING AND DECEMBER 5 UNSC CONSULTATION WITH ICC 
PROSECUTOR ON DARFUR 
 
 1. (U) USUN is instructed to draw from the following talking 
points during the scheduled USUN working level meeting with 
ICC Prosecutor Luis Moreno Ocampo on December 3 and for its 
participation in formal ICC consultations with UNSC members 
on Sudan on December 5: 
 
-- The concerns of the United States about the Rome Statute 
and the International Criminal Court are well known and have 
not changed.  In spite of these concerns, we appreciate the 
report of the Prosecutor of the ICC with respect to his work 
pursuant to UNSCR 1593. 
 
-- The United States has consistently supported bringing to 
justice those responsible for crimes, human rights violations 
and atrocities in Darfur. The violence in Darfur must end, 
and those who have committed atrocities in Darfur must be 
brought to account. 
 
-- We share the Prosecutor's assessment that the ongoing 
situation in Darfur is alarming, and that justice for crimes 
against the people of Darfur is needed to enhance security 
and send a warning to individuals who might resort to 
criminality as a way of achieving their aims. 
 
-- The United States is particularly troubled by the 
Prosecutor,s report that the Government of Sudan is still 
not cooperating and has taken no steps to arrest and 
surrender the two individuals that are subject to ICC arrest 
warrants: current Minister of State for Humanitarian Affairs 
Ahmad Muhammad Harun and the Janjaweed leader known as Ali 
Kushayb. We call on the Sudanese Government to cooperate 
fully with the ICC as required by resolution 1593. 
 
-- As we noted following the Prosecutor,s last briefing to 
the Council on Darfur, the United States has imposed targeted 
economic sanctions against certain individuals responsible 
for the violence, a transport company that has moved weapons 
to the janjaweed militia and government forces, as well as 
against companies owned or controlled by the Government of 
Sudan. 
 
-- We also share the Prosecutor's concern at the increasing 
number of attacks not only on displaced persons and other 
innocent civilians, but also on personnel of the African 
Union, the United Nations and international aid workers. 
Violence and criminality against those who came to help the 
suffering people of Darfur are intolerable, and impunity for 
such acts must end. 
 
-- The United States continues to be deeply committed to 
peace, stability and the provision of humanitarian aid for 
the people of Sudan. Presidential Special Envoy Natsios and 
Deputy Secretary Negroponte have both visited Sudan in the 
past year to consult with all parties to stress our continued 
support for the Darfur Peace Agreement (DPA) and the 
Comprehensive Peace Agreement (CPA), and the deployment of 
the UN-AU hybrid peacekeeping force, UNAMID, as mandated by 
Resolution 1769.  We also continue to urge those who have not 
signed the DPA or agreed to participate in the peace process 
led jointly by the UN and the AU to do so quickly so that 
efforts to rebuild Darfur may accelerate. 
 
-- The United States believes strongly in the need for 
accountability for acts of genocide, war crimes, and crimes 
against humanity committed in Darfur. We look forward to 
continuing to work with other members of the Council on 
constructive steps to achieve this important objective. 
 
End talking points for UNSC consultations. 
 
2. (SBU) Department understands that USUN,s separate meeting 
with the ICC Prosecutor is intended primarily as an 
opportunity for the Prosecutor to brief the Mission in 
advance of his formal presentation to the Security Council. 
USUN should thus be largely in a listening mode, but may draw 
from the above points as appropriate.  Additionally, the 
following contingency talking point regarding the ICC and 
Sudan may be used on an if-asked basis in the meeting with 
the ICC Prosecutor: 
 
-- As you know, senior State Department officials have 
publicly stated that, should the ICC request any assistance 
from the U.S. Government with regard to the UNSC,s referral 
of the Darfur situation to the ICC under resolution 1593, the 
 
STATE 00162617  002 OF 002 
 
SUBJECT: ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN 
MEETING AND DECEMBER 5 UNSC CONSULTATION WITH ICC 
PROSECUTOR ON DARF 
U.S. Government would be prepared to consider such a request. 
This continues to be our policy. 
 
End contingency talking point for USUN meeting with the 
Prosecutor. 
 
3. (U) Should any delegation propose or pursue a formal 
Security Council product such as a Presidential Statement 
(PRST) or Press Statement, Mission is instructed to seek 
further guidance from Washington. 
RICE