Identifier
Created
Classification
Origin
05CAIRO2741
2005-04-07 19:21:00
CONFIDENTIAL
Embassy Cairo
Cable title:  

SUDAN: EGYPT SUGGESTS DARFUR WAR CRIMINALS BE

Tags:  PREL PGOV MOPS PHUM EG SU 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 CAIRO 002741 

SIPDIS

E.O. 12958: DECL: 04/05/2015
TAGS: PREL PGOV MOPS PHUM EG SU
SUBJECT: SUDAN: EGYPT SUGGESTS DARFUR WAR CRIMINALS BE
TRIED AT HOME

Classified by ECPO Counselor John Desrocher for reasons 1.4
(b) and (d).

-------
Summary
-------

C O N F I D E N T I A L SECTION 01 OF 02 CAIRO 002741

SIPDIS

E.O. 12958: DECL: 04/05/2015
TAGS: PREL PGOV MOPS PHUM EG SU
SUBJECT: SUDAN: EGYPT SUGGESTS DARFUR WAR CRIMINALS BE
TRIED AT HOME

Classified by ECPO Counselor John Desrocher for reasons 1.4
(b) and (d).

--------------
Summary
--------------


1. (C) Following an April 6 meeting between President
Mubarak and Sudanese Foreign Minister Ismail, Egyptian
Foreign Minister Aboul Gheit told the press that "Sudanese
war criminals need not go to the International Criminal Court
(ICC) if the Sudanese judiciary held fair trials." MFA
contacts confirmed the press reports, arguing that ICC
language provides for the precedence of domestic judicial
proceedings and that Sudan's judiciary is capable of
prosecuting Darfur war crimes. Egypt is counseling Sudan to
implement UNSCR 1593, but continues to argue that Khartoum is
not alone in blame for the Darfur catastrophe. Darfur and
the war crimes trials are expected to feature prominently on
the agenda of the African Union's Darfur Quintet summit April
20, which will follow a heads-of-state meeting of the New
Partnership for Africa's Development (NEPAD) in Sharm El
Sheikh. End summary.

--------------
Sudanese Foreign Minister Visits Egypt
--------------


2. (C) Sudanese Foreign Minister Moustafa Othman Ismail
stopped in Cairo for a six-hour visit April 6, en route to
Tripoli and Rome (presumably to represent Sudan at the
funeral of the Pope). Ismail met with President Mubarak and
with a number of legal experts in Egypt, according to Hesham
Afifi (protect),African affairs expert on the personal staff
of Aboul Gheit. Afifi confirmed to poloff April 7 the
accuracy of press reports regarding Aboul Gheit's remarks on
Darfur war crimes and the International Criminal Court (ICC).

-------------- --------------
Sudan's Judiciary Sufficient to Try Darfur Suspects
-------------- --------------


3. (C) Commenting to reporters following the Mubarak-Ismail
meeting, Aboul Gheit was quoted as saying that "the
international court directs the charges; however, there
would not be a need for the international court if the
internal judiciary in the concerned country did its job."
Aboul Gheit added that the talks between Mubarak and Ismail

touched upon the means of dealing with UN Security Council
resolutions in a way that would lift the pressure from Sudan
while meeting the demands of the international community.
Asked if there had been complaints from any European or other
embassies regarding the Egyptian position vis-a-vis the ICC,
Afifi demurred, but noted that the French Ambassador had
requested a meeting for next week with the Minister.


4. (C) Afifi pointed to language in the Rome Statute
regarding "complementarity" of the Court's work with that of
national judicial systems. The ICC, he said, must allow the
legal system of the country in question to address war crimes
charges. Only if the domestic judiciary fails to do its job,
he continued, should the ICC and/or the Security Council step
in. Egypt, he noted, had convinced the GOS to talk with the
ICC prosecutor to convince him that the Sudanese legal system
could "do a better job" than the international court.


5. (C) Poloff asserted that the Government of Sudan could
hardly be expected to prosecute senior members of its own
government responsible for the situation in Darfur. Afifi
replied that the GOS had "no other choice" than to react to
UNSCR 1593 by asserting its sovereignty and insisting that
its own judiciary take up any war crimes charges, as the GOS
claims the Rome Treaty permits. He said that Sudan will take
advantage of the language in UNSCR 1593 regarding prosecution
of nationals from non-signatory states to the Rome Treaty.


6. (C) Afifi said that the Sudanese delegation included
several legal experts who "had several meetings around town"
April 6 during their six-hour stop in Cairo en route to
Tripoli and Rome. Asked the reason for the Libya stop, Afifi
said that the Sudanese wished to benefit from Libya's
experience in dealing with the UNSC regarding sanctions and
similar legal matters.

--------------
Egypt to Host NEPAD, Darfur Quintet Meetings
--------------


7. (C) Poloff asked if the ICC issue would be on the agenda
of the AU's Darfur Quintet meeting scheduled for Sharm El
Sheikh April 20. Afifi declined to offer details on the
agenda, but confirmed that Aboul Gheit has said Gabon might
also be included in the meeting. (Note. Gabon, we
understand, was present at the last AU Darfur meeting held in
Libya. End note).

--------------
Egypt Sees Slow Progress on Darfur Talks
--------------


8. (C) Asked for Egyptian views on talks between the
Sudanese government and Darfur rebels, Afifi said that Egypt
continued to press both sides to resume peace talks begun in
"the Abuja track." The rebels, he said, have been waiting to
see the results of the Security Council deliberations over
its Sudan resolutions and now have "no more excuses for
delaying." Still, he continued, the rebels do not trust the
Nigerians following the latter's proposal on an AU-led
alternative to the ICC process and want the talks moved to
Eritrea - a non-starter, he asserted. The rebels, Afifi
stated, want what Garang got from the GOS - power and control
over resources. In response to a question on Egypt's
sponsoring of talks between the GOS and the National
Democratic Alliance, Afifi said there were no new
developments to share, but admitted that NDA leader Mirghani
would meet with Aboul Gheit April 7.

--------------
Comment
--------------


9. (C) Egyptian diplomacy toward Sudan remains consistent.
The GOE is trying to maintain effective working relations
with the GOS while encouraging the Sudanese to accept UNSC
resolutions and take the steps necessary to ensure their
implementation. While Egypt's position on the ICC, as
spelled out by Aboul Gheit, is not helpful, it is neither
unexpected nor inconsistent with previous Egyptian steps.
The Egyptians continue to argue that the GOS is not entirely
to blame for the situation in Darfur and that the rebels need
to be pressured equally to come to the negotiating table and
reach an agreement. International involvement and UNSC
actions, they contend, make it more difficult to convince the
GOS to cooperate.


10. (U) Minimize considered.


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GRAY