VZCZCXRO1711
PP RUEHTRO
DE RUEHC #3528/01 3431841
ZNR UUUUU ZZH
P 021801Z DEC 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK PRIORITY 8930/8931
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 8675/8676

UNCLAS SECTION 01 OF 02 STATE 123528 
 
SENSITIVE, SIPDIS 
 
C O R R E C T E D  C O P Y  (ADDED SENSITIVE CAPTION) 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM SU XA XW
SUBJECT: SUDAN: TALKING POINTS FOR DECEMBER 4 BRIEFING BY 
ICC PROSECUTOR MORENO-OCAMPO 
 
STATE 00123528  001.2 OF 002 
 
 
-------------------------- 
Summary and Action Request 
-------------------------- 
¶1.  (U)  USUN is instructed to draw from the following 
talking points and questions in paragraph three for the 
December 4 Security Council Briefing by the International 
Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo.  The U.S. 
objective for this briefing is to: (1) emphasize that the 
Government of Sudan (GOS) continues to refuse to cooperate 
with the International Criminal Court in contravention of 
UNSCR 1593; and (2) urge the GoS to cooperate with the ICC. 
 
-------------- 
Talking Points 
-------------- 
 
¶2.  (SBU)  Begin Points: 
 
Introduction 
------------ 
 
-- I would like to begin by thanking Prosecutor Moreno-Ocampo 
for his briefing related to Security Council resolution 1593 
(2005).  It is clear from this briefing that the Government 
of Sudan (GOS) has not fulfilled its obligation to cooperate 
with the International Criminal Court (ICC) under resolution 
1593, which is a Chapter VII binding resolution, the 
importance of which was reiterated by the Council in our 
Presidential Statement of June 16, 2008. 
 
Sudan,s Failure to Comply With UNSCR 1593 
----------------------------------------- 
 
-- The United States believes that those responsible for the 
atrocities in Darfur should be held accountable, as actions 
in Darfur affect the stability of Sudan as a whole.  Despite 
the creation of a Special Court for Darfur and numerous 
committees that were established in 2005 to pursue justice 
for Darfuri victims, ICC arrest warrants against Ahmad Harun 
and Ali Kushayb remain outstanding.  We continue to call on 
the Government of Sudan to cooperate fully with the ICC as is 
required by UN Security Council resolution 1593 (2005). 
 
 
Continued Violence and Undermining an Already Fragile 
Humanitarian Situation Underscore Why the Council 
Referred this Case to the ICC in the First Place 
--------------------------------------------- --------- 
 
-- During the last six months, civilians continued to be 
casualties of conflict.  The UN Panel of Experts confirmed 
that the Government of Sudan violated the ban on military 
flights over Darfur.  Both the Prosecutor,s report and the 
Secretary-General,s report described Sudanese Armed Forces 
and militia ground offensives supported by aerial 
bombardments in the Jebel Mara region and in North Darfur. 
The reports noted that government operations around Korma, 
Ain Siro, and Meilit all resulted in civilian casualties, 
additional civilian displacements and destruction of public 
infrastructure.  The Government,s recent actions are the 
very type of actions that resulted in this Council referring 
the conflict in Darfur to the ICC in the first place. 
 
-- On top of this continuing violence, the Government of 
Sudan has contributed to the deterioration of the 
humanitarian situation in Darfur.  We were able to 
temporarily narrow serious gaps in life-saving sectors 
created when the Government of Sudan expelled humanitarian 
non-governmental organizations on March 4 and 5.  However, 
these efforts cannot necessarily be sustained long-term. 
UNAMID reports that the international non-governmental 
organization presence in Darfur has been reduced by fifty 
percent, and this has dramatically reduced monitoring and 
evaluation capabilities in Darfur, as well as the ability to 
provide assistance to those in need.  The Council must be 
vigilant in holding the Government of Sudan responsible for 
meeting the full humanitarian needs of its population. 
 
Cooperation of Other States Parties 
----------------------------------- 
 
-- Those responsible for these atrocities must be held 
accountable.  We urge all States - including those not party 
 
STATE 00123528  002.2 OF 002 
 
 
to the Rome Statute - to refrain from providing political or 
financial support to the Sudanese suspects indicted by the 
ICC. 
 
U.S. and the ICC 
----------------------------------- 
 
-- Though the United States itself is not party to the Rome 
Statutes, last week, the United States was pleased to 
participate for the first time as an observer to the Assembly 
of States Parties to the Rome Statute.  This decision 
reflected the Obama Administration,s commitment to engage 
the international community on issues that affect our foreign 
policy interests. Ending impunity for crimes against 
humanity, including crimes of the staggering scale committed 
in Darfur, ranks high among the administration,s 
commitments, and for this reason, the United States will 
continue to be supportive of the International Criminal 
Court,s prosecution of these cases to the extent consistent 
with United States domestic law. 
 
Mbeki Report 
------------ 
 
-- On October 29, the African Union High-Level Panel on 
Darfur (AUPD), chaired by former President Thabo Mbeki of 
South Africa, made a number of recommendations to advance the 
issues of accountability and combating impunity, along with 
peace, healing and reconciliation.  We welcome efforts to 
strengthen Sudan,s national legal system in order to deal 
appropriately with those who have committed atrocities in 
Darfur.  Efforts to strengthen Sudan,s legal system will not 
achieve their aim unless they are backed by the political 
will to bring perpetrators to justice.  While the Mbeki 
report,s recommendations concerning a hybrid tribunal are 
worth further study, we believe that the ICC's prosecution of 
the key architects of the conflict in Darfur remains 
critical. 
 
Conclusion 
--------- 
 
-- In conclusion, let me reiterate that we unequivocally 
support the pursuit of justice in holding accountable those 
who have committed atrocities in Darfur.  We once again call 
upon the Government of Sudan to fully implement resolution 
¶1593. 
 
End points. 
CLINTON