Identifier
Created
Classification
Origin
07BRUSSELS2287
2007-07-13 11:26:00
CONFIDENTIAL
USEU Brussels
Cable title:  

STATE LEGAL ADVISOR MEETS WITH EU COJUR GROUP

Tags:  PTER PREL EUN 
pdf how-to read a cable
VZCZCXRO2061
OO RUEHAG RUEHROV
DE RUEHBS #2287 1941126
ZNY CCCCC ZZH
O 131126Z JUL 07
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC IMMEDIATE
RUEKJCS/DOD WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE
RUEAIIA/CIA WASHDC IMMEDIATE
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
C O N F I D E N T I A L BRUSSELS 002287 

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/13/2017
TAGS: PTER PREL EUN
SUBJECT: STATE LEGAL ADVISOR MEETS WITH EU COJUR GROUP

REF: BRUSSELS 00810

Classified By: Political Minister Counselor Laurence Wohlers for reason
s 1.4 (b) and (d)

C O N F I D E N T I A L BRUSSELS 002287

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/13/2017
TAGS: PTER PREL EUN
SUBJECT: STATE LEGAL ADVISOR MEETS WITH EU COJUR GROUP

REF: BRUSSELS 00810

Classified By: Political Minister Counselor Laurence Wohlers for reason
s 1.4 (b) and (d)


1. (C) Summary. John Bellinger, Legal Advisor at the State
Department, met June 7 with his counterparts from the 27 EU
member states and representatives from the Council and
Commission Secretariat as part of the regular EU COJUR
discussions. The three hour meeting was devoted to a
discussion of the International Criminal Court (ICC).
Bellinger noted that the U.S. and the EU share the same goals
as the ICC in dealing with war crimes, crimes against
humanity, and genocide. On more general legal issues apart
from the ICC, Bellinger stressed that the ongoing dialogue
between the US and EU has been beneficial in highlighting the
complexity of the issues and in working toward a common,
realistic appreciation that the War on Terrorism requires
some new legal approaches. End Summary.


2. (C) Mr. Bellinger opened his remarks by stating that
clarification of the US and EU positions on the ICC is always
helpful, and stated that in his view both the US and the EU
share in the overall goals of the ICC, especially in dealing
with war crimes, crimes against humanity and genocide. He
noted the 1990 U.S. Congressional resolution which expressed
support for the creation of an International Criminal Court,
while recognizing the need for such a court to provide for
appropriate safeguards and protections. He stated that the
Rome Statute founding the ICC does not offer sufficient
safeguards and protections for U.S. personnel, and that we
object to the ICC's purported assertion of jurisdiction over
U.S. personnel, even though the U.S. is not a party, and that
this is still the crux of the issue for the United States.
Bellinger noted that President Clinton had previously stated
that the Rome Statute was flawed and that he would not submit
it to the Senate and that President Bush had formally
notified the United Nations that the U.S. does not intend to
become a party; Bellinger said he thought the U.S. position
was unlikely to change.


3. (C) The question then becomes "what do we do now?"
Bellinger noted that in the 2005-2007 period the United
States has worked to adopt a practical approach to issues
related to the ICC. The U.S. has regularly expressed its
respect for the decisions of other nations to join the ICC,
and we ask, in return, for respect for our position not to
join. The United States did not veto U.N. Security Council
Resolution 1593 referring the Darfur situation to the ICC.
And the United States supported the idea of the ICC
prosecution of Charles Taylor in The Hague because a trial in
West Africa could have further destabilized the region.
However, the United States maintains that justice in most
such situations is best pursued locally.


4. (C) Mr. Bellinger then reviewed for his EU audience the
U.S. laws that guide the U.S. ICC position, including the
American Service Members Protection Act and the Article 98
agreements, now in place with 104 countries. Bellinger said
the U.S. will continue to seek Article 98 agreements to
protect U.S. officials. Bellinger also noted that it's
unlikely the United States will participate in meetings on a
proposed definition of "crime of aggression" being held by
the ICC's Assembly of States Parties because of concerns that
a U.S. presence would turn the discussion into a U.S./ICC one.


5. (C) A number of EU comments centered on the Darfur
situation and a possible ICC role. Bellinger stated that the
United States is open in theory to considering some
cooperation with the ICC on Darfur if this would help to
bring to justice perpetrators of serious crimes. Bellinger
noted that the ICC had not requested any such assistance from
the USG and that the USG would need to review any such
request carefully.


6. (C) Mr. Bellinger summarized his conversation with the
E.U. member states by asking that the EU acknowledge the U.S.
sovereign decision not to be party to the ICC and the Rome
Statue, and that both sides now move on to the next chapter.

WOHLERS
.