VZCZCXRO1015
OO RUEHTRO
DE RUEHC #7905 1552341
ZNR UUUUU ZZH
O 042320Z JUN 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 6386
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHKH/AMEMBASSY KHARTOUM IMMEDIATE 7644

UNCLAS STATE 057905 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM SU XA XW
SUBJECT: SUDAN: TALKING POINTS FOR JUNE 5 BRIEFING BY ICC 
PROSECUTOR MORENO-OCAMPO 
 
¶1. USUN may draw from the following talking points and 
questions for the June 5 Security Council Briefing by the 
International Criminal Court (ICC) Chief Prosecutor Luis 
Moreno-Ocampo. 
 
-- We would like to thank Chief Prosecutor Moreno-Ocampo for 
his informative briefing today related to Security 
Council resolution 1593 (2005).  One point that is abundantly 
clear from this briefing, and previous ones, is that the 
Government of Sudan (GOS) has not fulfilled its obligation to 
cooperate with the Court under resolution 1593, which is a 
Chapter VII binding resolution, and the importance of which 
was reiterated by the Council in our Presidential Statement 
of June 16, 2008. 
 
-- The United States, while not a member of the ICC, supports 
the need to hold accountable those responsible for atrocities 
in Darfur. 
 
-- As the ICC report also notes, in response to the April 
2007 arrest warrants issued against Ahmad Harun and Ali 
Kushayb, the Government of Sudan not only allowed Harun to 
continue to manage humanitarian matters, but on May 7, 2009, 
promoted him to the critical position of Governor of South 
Kordofan. 
 
-- Furthermore, in the ICC Report Prosecutor Moreno-Ocampo 
references remarks made by the Minister of State for Foreign 
Affairs that Sudan "has managed to ignore all UNSC 
resolutions with little repercussions as 'they amounted to 
nothing but ink on paper.'" 
 
-- On March 4, the Government of Sudan took deliberate steps 
that have worsened the humanitarian situation in 
Darfur by expelling thirteen international humanitarian aid 
groups and closing three domestic aid organizations 
endangering the access of millions to adequate food, water, 
and health care.  The United States is working closely with 
the UN and international NGOs to address the humanitarian 
shortfalls created by this decision.  Special Envoy Gration 
continues to press the Government of Sudan to fully restore 
services and assistance to vulnerable populations in Darfur. 
We have made it clear to the Government of Sudan that 
anything short of meeting the full humanitarian needs of the 
population is unacceptable. 
 
-- We call on the Government of Sudan to quickly and fully 
implement its obligations. 
 
-- The United States notes that one leader of a Sudanese 
rebel group being investigated by the Pre-Trial Chamber of 
the ICC has appeared before the Court.  We understand that 
five rebel groups - the Sudan Liberation Army (SLA)/Abdel 
Wahid; SLA/Abdul Shafie, SLA/Unity, United Resistance Front, 
and Justice and Equality Movement -have affirmed their 
intention to cooperate with the ICC even if individuals in 
their ranks were sought by the Court.  We urge these groups 
to follow through with this commitment, and we encourage 
other indictees to follow their lead. 
 
-- The United States urges all parties to seriously engage in 
peace talks led by the AU/UN Joint Chief Mediator for Darfur, 
Djibril Bassol.  In addition to the need for all parties to 
the Darfur conflict to commit to a viable peace process and 
to observe a true ceasefire, parties must recognize that 
actions in Darfur will affect the stability of Sudan as a 
whole. 
 
-- We unequivocally support the pursuit of justice in 
bringing those who have committed atrocities in Darfur to 
account.  We once again call upon the Government of Sudan to 
fully implement resolution 1593.  (If Article 16 is raised: 
The United States does not support an Article 16 deferral.) 
 
-- Does the Prosecutor have any further indication of rebel 
intentions in regard to appearing before the ICC? 
 
-- We would be interested to know when the Pre-Trial Chamber 
plans to make public its decision with regard to the 
remaining Applications that have been filed by the Prosecutor. 
CLINTON