VZCZCXYZ0000
RR RUEHWEB

DE RUCNDT #1106 3422253
ZNR UUUUU ZZH
R 082253Z DEC 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 7775
INFO RUEHXR/RWANDA COLLECTIVE
RUEHDR/AMEMBASSY DAR ES SALAAM 0340
RUEHLGB/AMEMBASSY KIGALI 0365
RUEHTC/AMEMBASSY THE HAGUE 9183

UNCLAS USUN NEW YORK 001106 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KJUS UNSC XA RW
SUBJECT: MEETING OF USUN LEGAL ADVISER WITH ICTR PRESIDENT 
BYRON 
 
¶1.     (U)  SUMMMARY:  On Friday, December 4, USUN Legal 
Adviser Mary McLeod (filling in for Ambassador DiCarlo) met 
with International Criminal Tribunal for Rwanda (ICTR) 
President Byron.  Byron addressed three issues: witness 
protection, ICTR fugitive Felicien Kabuga, and the deadline 
for 11bis referrals.  END SUMMARY. 
 
¶2.    (U)  Byron noted that in his statement to the Security 
Council the previous day he had invited reconsideration of 
witness protection issues, the need for which is 
disproportionate to the workload and cost involved.  He is 
skeptical, in particular, that many if any witnesses will no 
longer want protection.  He suggested a modification of 
rules, downgrading to an administrative decision situations 
in which national judicial authorities want access to a 
protected witness or to protected testimony.  Also, Byron 
noted that ICTR experts are still studying the issue of 
general declassification of information but that in his 
opinion general policies don't work.  Byron and USUN/L 
briefly discussed similarities and differences to the 
International Criminal Tribunal for the former Yugoslavia 
(ICTY) procedures. 
 
¶3.    (U)  Byron noted ICTR's support for the intensification 
of pressure regarding Kabuga, asked to what extent such 
pressure could be increased, and discussed problems getting 
relevant information from Kenya.  Byron stated that a formal 
resort to the Security Council was a last option, but that 
the possibility might force Kenya to act. 
 
¶4.    (U)  As the Tribunal comes to a close, the ICTR faces 
the problem of coordinating referrals under Rule 11bis. 
Byron identified timing as the primary problem with 11bis 
referrals and has suggested that a deadline of 
January 2010 (or March at the latest) be imposed.  He noted 
that once proceedings are filed, four months must be 
allocated for a decision and perhaps six months for review. 
Also, even if the decisions require referral to take place, 
further action by the Tribunal may be necessary.  Byron noted 
that US Ambassador-at-Large for War Crimes Issues, Stephen 
Rapp, mentioned during their meeting on December 3 the 
possibility of creating a hybrid tribunal using ICTR judges. 
Byron stated that this proposal would find support within 
ICTR ranks.  USUN/L clarified that the State Department does 
not yet have a final position on the possibility of a hybrid 
tribunal. (COMMENT:  Byron seemed to be thinking of using 
hybrid tribunals in the short term, before the residual 
mechanism is established. END COMMENT) 
RICE