PROPOSED APPOINTMENTS OF PROSECUTORS FOR THE

C O N F I D E N T I A L USUN NEW YORK 000554

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SIPDIS

FOR: IO/UNP, S/WCI

E.O. 12958: DECL: 07/06/2017
TAGS: ICTY KAWC KJUS PGOV PREL
SUBJECT: PROPOSED APPOINTMENTS OF PROSECUTORS FOR THE
INTERNATIONAL WAR CRIMES TRIBUNALS FOR YUGOSLAVIA (ICTY)
AND RWANDA (ICTR)

Classified By: Ambassador Khalilzad for reasons 1.4(b) and 1.4(d)


1. This is an action request. Please see Para 5.


2. (C) UN Under-Secretary General for Legal Affairs,
Nicolas Michel, informed USUN on July 6, that the Secretary
General plans to take action to extend the terms of the
current Prosecutors for the ICTR and ICTY. The Statutes of
the Tribunals provide that the Prosecutors shall be appointed
by the Security Council on nomination by the
Secretary-General. Michel indicated that he is consulting

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with the permanent members prior to informing the Security
Council of his recommendations.


3. (C) ICTY. Carla del Ponte, ICTY Prosecutor announced
several months ago that she would be resigning effective in
September. No replacement has been named, although both her
Deputy, David Tolbert (US),and Chief Investigator of the
International Investigation Commission for Lebanon (UNIIIC),
Serge Brammertz (Bel),are interested in the position.
Brammertz recently resigned his position as Deputy Prosecutor
for the International Criminal Court and has been promised a
job with the UN. Although he wants the ICTY Prosecutor
position, he has indicated some flexibility. Comment.
Extension of del Ponte as Prosecutor would give Brammertz
time to complete his work on the Commission. It would also
keep options for filling the ICTY Prosecutor position open.
End Comment.


4. (C) ICTR Prosecutor. Hassan Jallow (Gambia) was
appointed as Prosecutor for the ICTR on September 15, 2003
for a four year term. Pursuant to the Statute of the
Tribunal, the Prosecutor is eligible for reappointment. The
Secretary General intends to nominate Mr. Jallow for another

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term, the duration of which would be four years or less, if
the Tribunal concludes its work before four years.


5. (C) Action Request. USUN requests instructions to
inform the UN that the United States will support the
extension of Ms. del Ponte as Prosecutor until January 2008
and the re-appointment of Mr. Jallow.
KHALILZAD