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R 081334Z OCT 08 ZDK CTG NUMEROUS SVC'S
FM AMEMBASSY HELSINKI
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INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 HELSINKI 000456 
 
SIPDIS 
 
STATE FOR S/WCI/JVIBUL-JOLLES AND AMB WILLIAMSON 
 
E.O. 12958: DECL: 10/06/2018 
TAGS: PREL PHUM OSCE EUN ICJ GG RS FI
SUBJECT: AMBASSADOR WILLIAMSON IN FINLAND 
 
HELSINKI 00000456  001.2 OF 002 
 
 
Classified By: Political Chief Scott Brandon for Reasons 1.4 (b) & (d) 
 
¶1.  (C)  Ambassador Williamson briefed Finnish officials 
about his recent trip to Georgia on September 15. 
Williamson urged the Finns to use their chairmanship to 
push for a more robust OSCE monitoring mission that would 
have access to South Ossetia and Abkahzia and could 
document abuses.  Finnish officials expressed reluctance, 
saying that the OSCE was a consensus organization and they 
would never be able to come to consensus if they try to 
push the mandate too far.  Williamson agreed that the OSCE 
mandate might be limited in scope, but highlighted that the 
OSCE could possibly be the only international mission that 
has access to areas where crimes occurred.  The GOF said 
it would continue to call for access to South Ossetia and 
hoped to be involved in all aspects of negotiations. 
 
¶2.  (C)  In later meetings, Williamson briefed MFA legal 
advisors and human rights official about the U.S. position 
on the International Criminal Court (ICC) and the 
possibility of Georgia referring a case to the ICC. 
Williamson also reiterated U.S. interest in Finland 
accepting detainees from Guantanamo Bay. 
 
Meeting with MFA OSCE Officials 
------------------------------- 
 
¶3.  (C)  On September 15 Ambassador Williamson met with 
Ambassador Heikki Talvitie, the Ministry of Foreign Affairs 
(MFA) Special Envoy of the OSCE Chairman-in-Office, and 
Ambassador Aleksi Harkonen, MFA Head of the OSCE 
Chairmanship.  At the outset, Talvitie provided his 
impressions of the East-West dynamics at play in the 
Georgia crisis.  He stated that Russia fears a dominant 
position of the U.S., NATO and the EU in its "near abroad" 
and identified a similar fear in the EU and US that Russia 
will dominate.  He noted that there is no arrangement that 
allows all actors to compete on the same level in the 
region. 
 
¶4.  (C)  Talvitie turned to the visit occurring that day 
between OSCE Head of Mission Hakala and Russian FM Lavrov 
in Tskhinvali, Georgia.  Talvitie said it would be 
acceptable for OSCE officials to meet Lavrov there but not 
South Ossetian (S.O.) officials.  Harkonen referred to the 
"green light" from Washington regarding the meeting, but 
said that in Georgia they had received both red and green 
lights, apparently reflecting Georgian fears that a meeting 
would recognize Russian control on the ground and that 
Lavrov might invite S.O. officials.  Harkonen said OSCE 
would announce that it was visiting its office and staff in 
Tskhinvali.  Talvitie said it was an "ironic twist" that 
now OSCE officials were reluctant to meet with Russians, 
and not the reverse. 
 
¶5.  (C)  Turning to the question of monitors, Harkonen said 
that the original mandate for the OSCE mission "included 
everything," but in reality it was a military, monitoring 
operation with eight observers.  There are also 20 new 
observers that will be adjacent to South  Ossetia, and 
discussions were on going for 80 additional monitors. 
Harkonen noted that the main concern now is observing the 
return of Georgians to their villages.  He remained hopeful 
that an agreement would be reached, noting that Russia 
might ultimately prefer OSCE monitors to EU ones. 
Ambassador Williamson agreed and stressed that it was clear 
from the GAERC (General Affairs and External Relations 
Council) that the EU would not have access to S.O. and 
Abkahzia.  The OSCE might be the only international body 
with access to areas where crimes occurred.  Tuula Yrjola, 
Head of the MFA's Eastern Europe and Central Asia Unit, 
agreed.  The language of any mandate for the monitors must 
cover all of internationally recognized Georgia, he said, 
but on the ground it would take some time to get monitors 
into S.O. and Abkhazia. 
 
¶6.  (C)  Ambassador Williamson, noting that acts of 
violence were far less numerous than claimed by the 
Russians, said that the international community needs to 
get a better sense of what happened on the ground.  He 
added that the greatest concern is ethnic cleansing. 
Because of the possibility that ethnic cleansing was 
occurring and because of the reports of violence, 
Williamson stressed that a robust OSCE mission is critical. 
Williamson added that after discussions with the Georgians, 
he believes they will refer a case to the International 
Criminal Court (ICC).  If this case goes forward, there 
will be need for evidence of crimes committed by both the 
Russians and the Georgians.  Harkonen responded that the 
Council of Europe and the OSCE cannot go further than 
continuing their current mandate. Talvitie jumped in to say 
 
HELSINKI 00000456  002.2 OF 002 
 
 
that the level of hatred exhibited in Georgia is as high as 
that seen in the Balkans; in both places people managed to 
live side by side peacefully until conflict breaks, and 
that both sides, "don't give any mercy" and Abkhazia and 
S.O. have been "lost" in part due to errors by the West. 
 
¶7.  (C)  Ambassador Williamson reiterated that any 
investigation would likely focus on both sides and that the 
ICC would most likely focus on crimes committed by S.O. 
officials, not Russians.  Harkonen was concerned that OSCE 
field missions are consensus based and a mandate which 
would allow them to investigate crimes, would destroy 
consensus.  Talvitie added that investigations are 
something for the future; at this point the international 
community must work to stabilize the situation.  Harkonen 
and Talvitie backed down from this position as Williamson 
explained that accountability deters future crimes and is 
critical to stopping violence on the ground.  He added that 
while active investigative work might be impossible, 
passive observation and documentation of crimes would 
nevertheless be helpful.  Talvitie responded that the GOF 
has been saying all along that they want access to S.O. 
while Harkonen noted that they have been "forum shopping" 
because they want to remain involved in all international 
discussions on the issue. 
 
Meeting with MFA Public and International Law Officials 
--------------------------------------------- --------- 
 
¶8.  (C)  Ambassador Williamson met with Marja Lehto 
Director of the MFA Unit for Public International Law, 
Sari Makela Counselor and First Secretary Jyri Jarviaho 
from the North America Unit to brief them on the U.S. 
position on the ICC.  Lehto inquired about the U.S. 
position toward the ICC, and thanked the U.S. for its 
pragmatic policy.  Williamson explained the recent U.S. 
vote on the UN Security Council Resolution on Darfur.  The 
U.S. remains very supportive of the UN Mission in Darfur 
(UNIMID), but officials did not feel that the language in 
the resolution was strong enough on accountability; 
language in the resolution indicated that a deal could be 
made for an article 16 deferral.   Williamson explained 
that since that time he has talked to the French and the 
British and he does not see anything that would justify an 
article 16 deferral.  Lehto noted the African Union and the 
Organization of Islamic Conference support the Sudanese and 
are against the ICC indictment.  Williamson agreed that the 
perception of the ICC in Africa is bad, but the deferral is 
an affirmative process; the Chinese or Russians cannot veto 
and help the Sudanese. 
 
¶9.  (C)  Ambassador Williamson reported on his meetings 
with Georgian prosecutors, saying that while the ICC might 
be investigating the situation in Georgia, it is not the 
type of case that the ICC would take up on their own.  The 
Georgians will have to refer the case; however, because of 
a lack of resources, that would most likely happen after 
and International Court of Justice (ICJ) decision on 
Georgia's claim against Russia. 
 
Meeting with MFA Human Rights Officials 
---------------------------------------- 
 
¶10.  (C)  Ambassador Williamson met with Sofie From- 
Emmesberger, Director of the MFA Unit for Human Rights, to 
discuss his meetings in Georgia and push for GOF pressure 
for robust international monitoring missions.   From- 
Emmesberger agreed that observer missions should push for 
access to these areas, but had little information on GOF 
plans for future missions. 
 
¶11.  (C)  Ambassador Williamson explained the current 
situation of detainees at Guantanamo Bay.  While the GOF 
has previously rejected U.S. requests that they consider 
accepting detainees, Williamson explained that the closure 
of Guantanamo Bay is a humanitarian issue and he hopes that 
the GOF will consider accepting low threat detainees. 
Williamson added that if Finland is unable to accept 
detainee, he hopes that they will be openly supportive of 
other countries accepting them.  From-Emmesberger promised 
she would pass the request to higher levels. 
BARRETT