INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

C O N F I D E N T I A L USUN NEW YORK 000429 SIPDIS SIPDIS E.O. 12958: DECL: 05/31/2017 TAGS: KAWC KJUS UN XT ZL XF SUBJECT: INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY) PROSECUTOR VACANCY REF: SECSTATE 70877 Classified By: Amb. Wolff for reasons 4 (b) and (d) ¶1. (C) Summary: In a conversation with the UN Legal Counsel, Amb Wolff again urged that the Secretary General delay filling the soon to be vacant ICTY Prosecutor's job in order to allow time to identify another suitable UN position for the UN International Independent Investigation Commission (UNIIIC) Chief Serge Brammertz. Brammertz is pressing the UN to make the appointment now, effective at a later date when he has completed his current assignment. Brammertz subsequently called Wolff to reiterate his concern, expressed in an earlier conversation, that he have clarity before June 15, when he would otherwise return to his position at the International Criminal Court (ICC). Brammertz insisted on a written UN employment commitment but agreed to remain flexible as to the nature of his future UN appointment. End Summary. 2.(C) Amb Wolff, May 25, contacted UN Legal Counsel Nicolas Michel for a response to his earlier demarche to Michel and the Secretary General's Deputy Chief of Staff Woo-Soo Kim concerning the ICTY Prosecutor vacancy (reftel). Michel said that he had been awaiting the return of the Secretary General before responding and will consult with the SYG's staff when they return today. Michel indicated that the UN had agreed to give Brammertz a written commitment concerning his future employment by June 1. 3.(C) Subsequently, Serge Brammertz, Commissioner of the UNIIC called Wolff from Beirut to explain that time is running out and he must let the ICC know whether he will be resuming his duties there as Deputy Prosecutor, before his June 15 contract expires. Repeating the position he expressed when he and Wolff met on May 16, Brammertz said that he needs clarity about his future with the UN before relinquishing his position at the ICC. Brammertz had discussed the ICTY Prosecutor vacancy with the UN and sought to receive a commitment in writing by June 1 to be nominated for the ICTY job. He agreed to remain flexible concerning the timing of the appointment, provided the commitment to appoint him "sometime later this year" was transmitted in the June 1 letter. He also acknowledged that he remained willing to consider a job as a senior UN inspector general but noted that such a position has not been established and was unlikely to be for the foreseeable future. KHALILZAD