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PP RUEHWEB

DE RUCNDT #0862 2722329
ZNR UUUUU ZZH
P 292329Z SEP 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 7224
INFO RUEHFN/AMEMBASSY FREETOWN PRIORITY 1583
RUEHLO/AMEMBASSY LONDON PRIORITY 1439
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 9161

UNCLAS USUN NEW YORK 000862 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KJUS UN SL
SUBJECT: USUN REITERATES REQUEST TO JOIN UK EFFORT TO 
ESTABLISH SPECIAL COURT FOR SIERRA LEONE RESIDUAL MECHANISM 
AT THE UN SECURITY COUNCIL 
 
REF: USUN 737 
 
¶1.    (SBU) This is an action request.  Please see paragraph 
¶6. 
 
¶2.    (SBU) On July 31 of this year, USUN recommended that 
the Department support the United Kingdom's effort to shift 
the establishment of the Special Court for Sierra Leone's 
residual mechanism to the UN Security Council and to fund 
this residual mechanism through UN assessed contributions. 
Time is now running short, and USUN urgently needs a response 
from the Department. 
 
¶3.    (SBU) On Friday, September 25, Legoff met with two 
officers of the UK Mission, who reiterated the UK's request 
that the United States support the UK's proposal that the 
Security Council establish the residual mechanism for the 
Special Court for Sierra Leone, and that it be funded through 
assessed contributions.  The UK asserted that several steps 
need to be taken in order for the Security Council to 
establish the residual mechanism for the Special Court for 
Sierra Leone:  First, the Russians and Chinese (as well as 
the French) will need to be persuaded that the Security 
Council should take this issue on. Second, the Security 
Council experts would need to meet at length to familiarize 
themselves with the issue and debate it.  Third, the Security 
Council would need to negotiate a resolution that would adopt 
a statute establishing the residual mechanism, well in 
advance of the date of commencement of the residual 
mechanism.  Given the relatively slow pace of the Security 
Council Informal Working Group on the Yugoslavia and Rwanda 
Tribunals, and the fact that the Special Court for Sierra 
Leone is scheduled to finish its cases in early 2011, it is 
essential that work begin as soon as possible at the Security 
Council on the Special Court for Sierra Leone. 
 
¶4.    (SBU)  The UK advised that it will not approach Russia 
or China or others to lobby for its view without clear US 
support, as it understandably would not wish to be undercut 
by the United States.  Meanwhile, the Management Committee of 
the Special Court for Sierra Leone meets regularly to review 
residual mechanism issues, and the US is unable to express 
support for the Security Council taking this issue on.  The 
delay in our response is no longer tenable. 
 
¶5.    (SBU)  The UK envisages, ideally, that the residual 
mechanism for the Special Court for Sierra Leone would 
eventually merge with the residual mechanism for the 
Yugoslavia and Rwanda Tribunals, given that many similar 
functions will be performed by all three residual mechanisms. 
 This would lead to a more streamlined, efficient structure 
and would reduce costs.  The details would be subject to 
negotiation at the Security Council, but these negotiations 
cannot begin without Department authorization. 
 
¶6.    (SBU) Action request: For the reasons detailed in 
reftel and above, USUN requests authorization, by close of 
business Friday, October 2, to join with the UK in proposing 
that the Security Council establish the residual mechanism of 
the Special Court for Sierra Leone, including its funding 
through assessed contributions from the U.N. budget. 
RICE