VZCZCXRO1034
PP RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUCNDT #0565 1552354
ZNR UUUUU ZZH
P 042354Z JUN 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 6681
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS USUN NEW YORK 000565 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KPKO SU AF
SUBJECT: ICC'S OCAMPO PRESSES HIS POLITICAL AGENDA 
 
¶1. (SBU) Summary:  International Criminal Court (ICC) 
Prosecutor Luis Moreno-Ocampo claimed to Ambassador Rice on 
June 3 that the African Union (AU) realizes that Article 16 
deferral of the Bashir case is not attainable and is looking 
for a face-saving way to let go of the issue.  Ocampo 
suggested that a brief, positive statement from the Turkish 
presidency subsequent to his June 5 briefing could be 
helpful.  Ambassador Rice said that USUN would check in with 
the Turkish Presidency.  (The Turks later expressed to us 
little interest in any statement.)  Ocampo also briefly 
discussed the internal political situation in Sudan and 
indicated that both the Justice and Equality Movement (JEM) 
and the Government of Sudan (GoS) seem to be hardening their 
positions even as they engage in dialogue with the U.S.  Rice 
replied that the U.S. approach is results-oriented; we are 
not engaged in dialogue for the sake of dialogue with the 
government, and have presented tough messages to the JEM. 
Ocampo's Article 16 activism does not seem to us likely to 
gain critical mass among Security Council members.  End 
Summary. 
 
Ocampo Pushes for Council Statement to Press 
-------------------------------------------- 
 
¶2.  (SBU) In a June 6 meeting with Prosecutor Moreno-Ocampo 
and his chief of staff, Beatrice Le Fraper Du Helen, Ocampo 
asserted that the AU needed a face-saving exit strategy for 
Article 16 deferral.  Ocampo said that many African countries 
had privately expressed that AU Chair Jean Ping made a 
mistake by publicly pursuing Article 16 deferral, but AU 
nations must support Ping.  Ocampo suggested that the U.S. 
consider approaching the Turks and the Russians to gauge 
whether they would support an oral statement by the 
Presidency subsequent to his June 5 briefing.  Ambassador 
Rice indicated that we would touch base with Turkish 
colleagues.  Rice reiterated that the U.S. remains opposed to 
deferral. 
 
"Bashir Is Losing Power" 
----------------------- 
 
¶3.  (SBU) Ocampo asserted that Bashir was quickly losing 
power and described a recent meeting in which the Minister of 
Defense, Abdel Rahim Mohammed Hussein, had given instructions 
to Bashir rather than vice versa.  According to Ocampo, 
hardliners are consolidating their positions, and Bashir is 
merely a facade.  Ocampo indicated that Hussein is in charge 
of Sudan policy concerning Chad, and that only the U.S. could 
pressure both the JEM and the GoS to pursue peace.  Ocampo 
said that the GoS and JEM appear to him to be taking 
advantage of a U.S. desire for dialogue to harden their 
positions.  Ambassador Rice replied that both parties see 
what they want to see.  She said that while we are open to 
engagement and do not want to poison the atmosphere, the U.S. 
emphasis will be on tangible results obtained in Darfur and 
through implementation of the Comprehensive Peace Agreement. 
Rice also said that the U.S. has sent tough messages to the 
JEM. 
 
¶4.  (SBU) Subsequent to Ocampo's meeting with Ambassador 
Rice, poloff met with Turkish expert Timur Soylemez (protect) 
who stated that the idea of a Presidential oral statement to 
the press on Friday was originated by Ocampo.  Soylemez 
stated that no other delegations have approached the Turkish 
delegation to request such a statement.  Soylemez stated that 
his delegation would have a brief statement prepared in the 
event any delegations pressed for an oral statement to be 
made to the press.  However, Soylemez stated that, at most, 
such a statement could consist of two sentences:  "The 
Council met pursuant to UNSCR 1593 and engaged in 
discussions.  The Council will continue to remain seized of 
this matter." 
 
¶5.  (SBU) Comment:  Ocampo seems to be coming to New York 
with little to report on ICC developments but much to offer 
on possible Security Council initiatives.  He does not seem 
to appreciate that Article 16 has fallen out of active 
Council consideration and that most, if not all, members are 
content to let well enough alone.  End Comment. 
RICE