VZCZCXYZ0012
PP RUEHWEB

DE RUEHSJ #0148 0641718
ZNR UUUUU ZZH
P 051718Z MAR 09
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC PRIORITY 0558
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0819

UNCLAS SAN JOSE 000148 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR WHA/CEN AND IO/UNP JFITZGERALD. 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM CS
SUBJECT: DEMARCHE DELIVERED: ICC ARREST WARRANT FOR 
SUDANESE PRESIDENT BASHIR 
 
REF: SECSTATE 19213 
 
¶1. (U) We delivered reftel demarche on March 3 to Adriana 
Murillo, the MFA's UNSC Desk Officer.  On March 4, Murillo 
responded that Costa Rica had always been opposed to applying 
Article 16, especially in a case such as this, wherein the 
UNSC had referred the matter to the ICC.  She told us that if 
an Article 16 resolution were tabled, the Costa Rican Mission 
would vote against it; the GOCR was pleased therefore with 
the U.S. position against an Article 16 resolution. 
 
¶2. (SBU) Murillo thought a UNSC Presidential Statement or 
press statement unlikely given the disparities in positions 
among UNSC members, and that - given positive media reactions 
to the news of the arrest warrant - it was doubtful that 
Libya would call a meeting on the issue.  Separately, 
Randolph Coto, the MFA's head of International Organizations 
and Murillo's boss, told us that the GOCR also wanted a muted 
response to the arrest warrant - including no meeting or 
statement.  However, he said that were one to be drafted, the 
GOCR would have to examine the text before deciding whether 
or not to support it. 
 
¶3. (SBU) COMMENT:  True to the GOCR's respect for rule of law 
and its support of international courts, the GOCR does not 
want to see the UNSC usurping the authority of the ICC. 
Costa Rica seems to be with us on this one; however, to be 
certain of Costa Rica's support, it would be best to avoid a 
draft presidential or press statement. 
CIANCHETTE