VZCZCXYZ0000
PP RUEHWEB

DE RUCNDT #1203/01 3582139
ZNR UUUUU ZZH
P 232139Z DEC 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 5597
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHKM/AMEMBASSY KAMPALA PRIORITY 0358
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 1336
RUEHKI/AMEMBASSY KINSHASA PRIORITY 1675

UNCLAS USUN NEW YORK 001203 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KPKO CG UG SU XA
SUBJECT: CHISSANO TO UN: KONY WON'T GO TO ICC; TO U.S.: TRY 
HIM IN UGANDA 
 
¶1. (SBU) SUMMARY: The UN Security Council issued a 
Presidential Statement on December 22 condemning the Lord's 
Resistance Army (LRA) attacks and LRA rebel leader Joseph 
Kony's failure to sign the Final Peace Agreement.  Special 
Envoy Chissano told the Council on December 17 that Kony 
would "rather die" than surrender to the ICC.  Chissano said 
the Ugandan people prefer that the Kony case be handled 
domestically and suggested the Council should take this view 
into account.  The U.S. welcomed regional efforts and 
described U.S. assistance to improve development and foster 
reconciliation.  In private, Chissano lobbied the U.S. to 
push for Kony to be tried in Uganda. END SUMMARY. 
 
PRST CONDEMNS KONY AND LRA, COMMENDS REGIONAL EFFORTS 
 
¶2. (SBU) The UK drafted a Presidential Statement (PRST) 
condemning the Lord's Resistance Army (LRA) atrocities and 
Kony's failure to sign the Final Peace Agreement (FPA), which 
if implemented would disarm and demobilize the LRA.  The PRST 
also commends regional efforts (meaning Uganda, DRC, and 
Sudan) to address the security threat posed by the LRA.  The 
PRST also acknowledges International Criminal Court (ICC) 
indictments against LRA leaders and calls for an end to 
impunity.  The consensus document (S/2008/PRST/48) was 
adopted on December 22. 
 
CHISSANO BRIEFS COUNCIL; KONY WOULD RATHER "DIE" THAN GO TO 
ICC 
 
¶3. (SBU) On December 17, Former Mozambique President and 
Great Lakes Special Envoy Joachim Chissano briefed the 
Council on the failed negotiations with the LRA and its 
leader, Joseph Kony.  Chissano said, since Kony failed to 
sign the FPA in late November, force was now needed to comply 
him to sign.  He briefed on the joint military operations, 
saying Ugandan airstrikes hit LRA camps in the (DRC) and now 
mop-up operations were being conducted by Ugandan forces with 
support from the DRC army and the Southern Sudan army. 
Chissano said Kony told him "I would rather die than 
surrender to the ICC."  Chissano said LRA members may scatter 
when confronted by force to "save their own skin."  He said 
the Ugandan people wanted Kony tried domestically and 
suggested their wishes be considered by the Council. 
 
CHISSANO'S FIVE RECOMMENDATIONS FOR THE GREAT LAKES REGION 
 
¶4. (SBU) The Special Envoy spelled out five recommendations 
for the LRA problem.  First, the door should be kept open for 
Kony to sign the FPA, in case he changes his mind.  Second, 
if the LRA does assemble to disarm, the region will need 
international help in repatriating families and children. 
Third, the international community must support regional 
initiatives and efforts to pressure Kony not to return to 
hostilities.  Fourth, the military action against the LRA 
must root out all negative forces, as a half-hearted mission 
will only compound the problem of the LRA.  Finally, he said 
the elements of the FPA that do not involve Kony must be 
implemented to reintroduce peace and development, and funds 
must be available to support northern Uganda's recovery. 
Chissano said Kony must come to "the signing table, not the 
negotiating table," as the time for negotiations has past. 
 
U.S.-LRA IS REGIONAL THREAT AND CAN HAVE NO SAFE HAVEN 
 
¶5. (SBU) Ambassador DiCarlo told the Council there must be no 
safe haven for Kony and the LRA, since the LRA continued to 
destabilize the region.  She welcomed the regional efforts to 
address the LRA.  She said the international community must 
foster reconciliation in northern Uganda, and noted the U.S. 
financial assistance for the Ugandan Government's Peace, 
Recovery, and Development Plan. 
 
MOST OF COUNCIL SUPPORT REGIONAL EFFORTS 
 
¶6. (SBU) Russia, France, the UK, Croatia, China, Libya, and 
Belgium supported regional efforts to bring Kony back to the 
signing table.  South Africa condemned Kony's failure to show 
at the FPA signing ceremony, and urged the LRA to release all 
women, children, and non-combatants.  Burkina Faso was 
encouraged by the regional cooperation of Uganda, South 
Sudan, and the DRC.  Costa Rica stressed the need to minimize 
the humanitarian impact of any military operation. 
 
CHISSANO TELLS U.S. KONY SHOULD BE TRIED IN UGANDA 
 
¶7. (SBU) Chissano, in a private meeting with Ambassador 
DiCarlo on December 17, said Kony should be tried in Uganda, 
in order to unify northern and southern Uganda and offer some 
closure to this chapter of Ugandan history.  A Ugandan trial 
would also allow Kony's victims the right to face Kony and 
seek reparations, Chissano said.  Chissano also said Kony 
might be able to secure fair treatment for his multiple wives 
and children if he turns himself in to domestic authorities. 
He said the ICC should only be used when the country in 
question is incapable of holding a fair trial, which he did 
not think was not the case in Uganda. (NOTE: UKUN poloff told 
USUN poloff on December 18 the UK is determined to have Kony 
tried by the ICC.  END NOTE.) He thought the Security Council 
should suspend the ICC indictments for one year to remove 
Kony's final excuse for not signing the FPA, since Kony 
believes he will be sent straight to The Hague if he comes 
out of the bush. 
 
Khalilzad