ICTR: SEEKING INFORMATION ON THE DEPUTY PROSECUTOR

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 001991

SIPDIS

DEPARTMENT FOR S/WCI - PROSPER, IO - WARLICK, L/AF - TAFT,
INR/WCAD - SEIDENSTRICKER/MORIN

E.O. 12958: DECL: 1.6 FIVE YEARS AFTER CLOSURE OF ICTY
TAGS: PREL PHUM NL ICTY ICTR
SUBJECT: ICTR: SEEKING INFORMATION ON THE DEPUTY PROSECUTOR

REF: A. SECSTATE 224968


B. PROSPER-KAYE E-MAIL 8/5/03

Classified By: Deputy Legal Counselor David Kaye, reasons 1.5(b) and (d
).


1. (C) Summary: Dutch MFA officials responsible for
following the international criminal tribunals for the Former
Yugoslavia (ICTY) and Rwanda (ICTR) said that, given their
lack of experience working with him, they were not in a
position to provide an assessment of the current ICTR deputy
prosecutor's ability to act as interim chief prosecutor. Two
senior officials at the ICTY, however, offered in confidence
their assessments of his abilities. End summary.


2. (C) In a meeting with Embassy legal officer on August 6,
MFA legal adviser Johan Lammers and senior officer in the UN
and IFIs department Thijs Buchli said that the MFA did not
have enough contact with ICTR deputy prosecutor Bongani
Christopher Majola to provide a definitive assessment of his
skills. Noting that some key officers who might have
thoughts on Majola were on leave, Lammers and Buchli said
they were nonetheless familiar with the UNSYG's proposal to
appoint a separate chief prosecutor for the ICTR, on which
they expressed no official position. They were concerned,
however, that the position not remain empty for any
significant period of time. In particular, they believed
that leaving the position empty, or simply enabling Majola to
act in an interim capacity for an extended period, could
leave the wrong impression that the ICTY would be "taken care
of" while the ICTR remained without leadership. Buchli in
particular urged that, whatever the decision, it be made
quickly so as to avoid such an impression.


3. (C) Two slightly diverging views were expressed by two
senior ICTY prosecutors on August 7. Drawing from ref B,
emboff asked Chief of Prosecutions Michael Johnson and Deputy
Prosecutor Graham Blewitt, as asides in separate private
conversations, whether they had any reaction to the UNSYG's
proposal that Majola act as chief prosecutor for some interim
period. Johnson (strictly protect),who served as acting
deputy prosecutor for the ICTR in the fall and led the effort
to hire Majola, believes that Majola has extraordinary skills
and is doing superb work at the ICTR. Still, he does not
believe that Majola has the political or managerial skills to
run the ICTR Office of the Prosecutor (OTP) as chief
prosecutor. The lack of prosecutorial experience did not
appear as a problem to Johnson, particularly as the position
requires as much special political skills in dealing with the
Rwandan government, victims and witnesses, and others.
Johnson simply believes that Majola, perhaps as much out of
inexperience as any other factor, lacks the political
abilities to run a Tribunal that should play a stabilizing
role in regional relations. (Note: Johnson -- a natural
candidate for the job with deep experience with and
commitment to the ICTR -- disclaimed any interest in the job
himself, though we understand from a diplomatic colleague
here that he has recently expressed openness to it. End
note.)


4. (C) Blewitt (strictly protect) said that he had not worked
enough with Majola to provide extensive or definitive views.
He echoed Johnson's views suggesting that Majola lacks the
necessary political experience. That said, he suggested that
if both Majola and senior ICTR/OTP official Melanie Werrett
were promoted -- he to chief prosecutor and she to deputy --
they might make an effective team, particularly since
Werrett, who has long experience as a prosecutor in the ICTR,
the UK and Zimbabwe, could compensate for Majola's
inexperience as a prosecutor. He noted as an example that he
and Judge Richard Goldstone, the first chief prosecutor of
the ICTY, enjoyed a very productive relationship in part
because he, Blewitt, brought extensive prosecutorial
experience while Goldstone, not a prosecutor, brought
political and other skills to the job.
RUSSEL