ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN

UNCLAS SECTION 01 OF 02 STATE 162617 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL UNSC KPKO KJUS PHUM SU SUBJECT: ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN MEETING AND DECEMBER 5 UNSC CONSULTATION WITH ICC PROSECUTOR ON DARFUR ¶1. (U) USUN is instructed to draw from the following talking points during the scheduled USUN working level meeting with ICC Prosecutor Luis Moreno Ocampo on December 3 and for its participation in formal ICC consultations with UNSC members on Sudan on December 5: -- The concerns of the United States about the Rome Statute and the International Criminal Court are well known and have not changed. In spite of these concerns, we appreciate the report of the Prosecutor of the ICC with respect to his work pursuant to UNSCR 1593. -- The United States has consistently supported bringing to justice those responsible for crimes, human rights violations and atrocities in Darfur. The violence in Darfur must end, and those who have committed atrocities in Darfur must be brought to account. -- We share the Prosecutor's assessment that the ongoing situation in Darfur is alarming, and that justice for crimes against the people of Darfur is needed to enhance security and send a warning to individuals who might resort to criminality as a way of achieving their aims. -- The United States is particularly troubled by the Prosecutor,s report that the Government of Sudan is still not cooperating and has taken no steps to arrest and surrender the two individuals that are subject to ICC arrest warrants: current Minister of State for Humanitarian Affairs Ahmad Muhammad Harun and the Janjaweed leader known as Ali Kushayb. We call on the Sudanese Government to cooperate fully with the ICC as required by resolution 1593. -- As we noted following the Prosecutor,s last briefing to the Council on Darfur, the United States has imposed targeted economic sanctions against certain individuals responsible for the violence, a transport company that has moved weapons to the janjaweed militia and government forces, as well as against companies owned or controlled by the Government of Sudan. -- We also share the Prosecutor's concern at the increasing number of attacks not only on displaced persons and other innocent civilians, but also on personnel of the African Union, the United Nations and international aid workers. Violence and criminality against those who came to help the suffering people of Darfur are intolerable, and impunity for such acts must end. -- The United States continues to be deeply committed to peace, stability and the provision of humanitarian aid for the people of Sudan. Presidential Special Envoy Natsios and Deputy Secretary Negroponte have both visited Sudan in the past year to consult with all parties to stress our continued support for the Darfur Peace Agreement (DPA) and the Comprehensive Peace Agreement (CPA),and the deployment of the UN-AU hybrid peacekeeping force, UNAMID, as mandated by Resolution 1769. We also continue to urge those who have not signed the DPA or agreed to participate in the peace process led jointly by the UN and the AU to do so quickly so that efforts to rebuild Darfur may accelerate. -- The United States believes strongly in the need for accountability for acts of genocide, war crimes, and crimes against humanity committed in Darfur. We look forward to continuing to work with other members of the Council on constructive steps to achieve this important objective. End talking points for UNSC consultations. ¶2. (SBU) Department understands that USUN,s separate meeting with the ICC Prosecutor is intended primarily as an opportunity for the Prosecutor to brief the Mission in advance of his formal presentation to the Security Council. USUN should thus be largely in a listening mode, but may draw from the above points as appropriate. Additionally, the following contingency talking point regarding the ICC and Sudan may be used on an if-asked basis in the meeting with the ICC Prosecutor: -- As you know, senior State Department officials have publicly stated that, should the ICC request any assistance from the U.S. Government with regard to the UNSC,s referral of the Darfur situation to the ICC under resolution 1593, the STATE 00162617 002 OF 002 SUBJECT: ICC - GUIDANCE FOR SCHEDULED DECEMBER 3 USUN MEETING AND DECEMBER 5 UNSC CONSULTATION WITH ICC PROSECUTOR ON DARF U.S. Government would be prepared to consider such a request. This continues to be our policy. End contingency talking point for USUN meeting with the Prosecutor. ¶3. (U) Should any delegation propose or pursue a formal Security Council product such as a Presidential Statement (PRST) or Press Statement, Mission is instructed to seek further guidance from Washington. RICE