VZCZCXRO0586
PP RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUCNDT #1103/01 3421549
ZNR UUUUU ZZH
P 081549Z DEC 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 7770
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 USUN NEW YORK 001103 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KPKO SU AF
SUBJECT: ICC PROSECUTOR STRESSES IMPORTANCE OF 
MARGINALIZING INDICTEES 
 
¶1.  Summary: In his December 4 briefing to the Security 
Council, International Criminal Court (ICC) Prosecutor 
Moreno-Ocampo discussed positive and negative developments in 
the cases being pursued under UNSCR 1593, which referred the 
conflict in Darfur to the ICC.  Ocampo characterized as 
positive the voluntary appearance of rebel leader Abu Garda 
at the Hague; cooperation between regional organizations and 
the ICC, and support from States for execution of the ICC 
arrest warrants.  Ocampo said that negative developments 
included the Government of Sudan's (GoS) refusal to cooperate 
with the Court and continuation of crimes in Darfur.  Council 
members broadly discussed these issues.  A complete 
transcript of the proceedings can be found at 
http://www.un.org/Depts/dhl/resguide/scact200 9.htm.  End 
Summary. 
 
Positive Developments 
--------------------- 
 
¶2.  Ocampo began his December 4 meeting by discussing three 
positive developments.  He noted the voluntary appearance of 
one of the defendants, Bahr Idriss Abu Garda, in the case 
involving a rebel attack on peacekeepers in Haskanita. 
Ocampo also discussed ICC cooperation with regional 
institutions, including particularly the African Union 
High-Level Panel on Darfur (AUPD). Ocampo said that the ICC 
would continue to cooperate with the AUPD.  He noted that the 
AUPD listed three prerequisites that the GoS would need to 
meet:  removing official immunities; adopting special 
measures for crimes involving sex and gender based violence 
(SGBV); and ensuring protection of witnesses. 
 
¶3.  Ocampo also discussed cooperation of States with the ICC, 
including for the execution of arrest warrants.  He listed 
states and regional organizations that had publicly expressed 
support for the ICC, and pointed out that President Bashir 
has not been able to travel to high-level international 
events because of his status as an indicted war criminal. 
Ocampo stressed that continued marginalization of indictees 
could lead to ultimate implementation of arrest warrants. 
 
Negative Developments 
--------------------- 
 
¶4.  Ocampo catalogued the GoS's lack of cooperation with the 
ICC, including Bashir's refusal to appear in Court or to 
appoint a lawyer, as well as the GoS failure to arrest 
indictees Ali Kushayb and Ahmad Harun.  Ocampo stated that 
Bashir had attempted to shift international attention away 
from crimes committed in Darfur to the conflict in the South. 
 Ocampo also stated that crimes are continuing, including 
indiscriminate bombing of civilians, forced displacement; 
hindering humanitarian aid; SGBV and use of child soldiers. 
Ocampo pointed to reports of militia/janjaweed attacks 
against villages in North Darfur as recently as November 25. 
 
P-5 Views 
--------- 
 
¶5.  Ambassador DiCarlo acknowledged some progress, including 
cooperation with the ICC by certain states and regional 
organizations.  However, she stressed that the GoS had failed 
to fulfill its obligation to cooperate with the ICC under 
UNSCR 1593.  DiCarlo noted that continued violence in Darfur 
undermined the fragile humanitarian situation, and said that 
the GoS must be held responsible for meeting its people's 
humanitarian needs.  She expressed support for the AUPD 
recommendation to strengthen Sudan's legal system, but noted 
this would not succeed without the political will to bring 
perpetrators to justice. 
 
¶6.  The United Kingdom praised the AUPD report as detailed 
and balanced, but still expressed strong support for the ICC. 
 France also expressed strong support for the ICC.  Both the 
UK and France, along with Russia, stated that the GoS had 
failed to comply with its obligation under UNSCR 1593 to 
cooperate with the ICC.  Russia noted that Ocampo should 
calibrate his actions so that peace could be achieved, 
stressing the primacy of reaching a political settlement to 
end the conflict in Darfur.  China emphasized that justice 
was only one element in a complex equation of problems faced 
by Sudan. 
 
African Council Members' Views 
------------------------------ 
 
¶7.  Uganda welcomed the AUPD recommendation for a hybrid 
court and urged the GoS to establish such a court.  Uganda 
stressed that the Darfur conflict must be resolved in a way 
that avoids anarchy, and the Mbeki panel had taken into 
account the unique circumstances of Darfur, Sudan and Africa. 
 
USUN NEW Y 00001103  002 OF 002 
 
 
 Uganda called on the Security Council to support the 
recommendations of the AUPD. 
 
¶8.  Libya said that Council members who support the ICC in 
the Sudan context oppose the ICC in the context of the 
Goldstone Report.  Libya argued that the ICC was a tool for 
certain countries to achieve their policies.  Libya also 
stated that because Sudan is not a party to the Rome Statute, 
it has no obligation to cooperate with the ICC.  Libya 
reiterated its call for Article 16 deferral of the indictment 
against Bashir, and observed that the AU Peace and Security 
Council, when it endorsed the AUPD report, again called for 
Article 16 deferral. 
 
¶9.  Burkina Faso expressed concern over the impact of the 
arrest warrant against Bashir, noting that justice cannot 
bring peace without a consensual political solution.  Burkina 
Faso said that issuing an arrest warrant against Bashir would 
complicate peace efforts and that the Council needs to give 
the peace process an opportunity to succeed. 
RICE