TANZANIA OPPOSES ICC INDICTMENT OF PRESIDENT BASHIR

UNCLAS DAR ES SALAAM 000447 AF/E FOR JKNIGHT, SHAMILTON AND JLIDDLE ALSO SUDAN PROGRAM GROUP TSHORTLEY ALSO FOR S/WCI AMD FOR IO ADDIS FOR AU MISSION SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM PREL EGAD SU TZ SUBJECT: TANZANIA OPPOSES ICC INDICTMENT OF PRESIDENT BASHIR ¶1. (U) SUMMARY: The Minister of Foreign Affairs, Bernard Membe, spoke out at France's national day reception on July 14 against the request for the prosecutors of the International Criminal Court (ICC) to indict Sudan's President Omar Bashir for genocide. Membe said that such a move could lead to instability in the region and invite chaos. He called upon the court to stay its hand and for the U.N. Security Council to use its influence to prevent any ICC action against President Bashir at this time. On July 15, Membe held a joint press conference with the Sudanese ambassador to Tanzania to elaborate on the Government of Tanzania's (GOT) position. END SUMMARY Surprise Bastille Day Announcement -------------- ¶2. (U) Many of the assembled guests of the French Ambassador to Tanzania were taken by surprise during the France's National Day Celebration by the comments of the Minister for Foreign Affairs and International Cooperation, Bernard Membe. Minister Membe appeared at the event to issue the customary congratulations from the GOT to the French on their National Day. While he began his remarks by initially praising the decision announced earlier that day by the International Criminal Court (ICC) to indict Sudan President Omar Hassan al-Bashir on charges of genocide, he unexpectedly turned his remarks into criticism of the move, going on to say that this move would most certainly lead to "chaos for the region." Membe's Press Conference with Sudanese Ambassador -------------- ¶3. (U) On July 15, a joint press conference was called at the Ministry of Foreign Affairs and International Cooperation (MFA) with Minister Membe and Sudan's ambassador to Tanzania, Abdel Bagi Kabeir. Membe said President Kikwete, after in depth discussions with African Union (AU) members, had determined that this is not the right time to indict President Bashir. Membe said President Kikwete's view is that this action would create a leadership vacuum in Sudan which could lead to more bloodshed. Membe actually described the situation as akin to the situation in Iraq. He also mentioned the unlikelihood of the Sudanese people handing over their president to the ICC and that the resulting "tug of war" would lead to chaos and violence. ¶4. (U) Minister Membe cited the Comprehensive Peace Agreement that the Sudanese government signed with the Sudan People's Liberation Army (SPLA) as an example of a positive step already taken towards solving the problems in Sudan. He said that this step was moving Sudan towards new elections, a new parliament, and a new government in the very near future. Membe feared the arrest of President Bashir would only serve to escalate violence in the region spreading from Darfur to southern Sudan. He also predicted an invasion by Chad by those who would take advantage of the ensuing chaos. ¶5. (U) Membe also noted that the position of the African Union was that the ICC judges should not only consider the evidence against President Bashir in their decision for indictment, but they should also consider the circumstances in Sudan and order the postponement of the indictment proceedings. He said that President Kikwete would ask that the international community wait for the results of the ongoing efforts to help Sudan bring about stability through new elections, the formation of a new parliament, and the establishment of a new government, all of which were already in the implementation stage. Minister Membe added that he would also ask the UN Security Council to review the proposed indictment by applying Article 16 of the Rome Statute in order to postpone the arrest. ¶6. (U) Sudan's Ambassador Kabeir said that it was highly unusual for the International Criminal Court (ICC) to indict a sitting president, and one who had been fully cooperative with the international community. He said that this move totally disregarded the positive progress that had been achieved in recent months in Sudan. It was his view that the ICC was designed to step in where there is a failed state situation with no working judicial system, which is not the case for Sudan. ¶7. (U) Ambassador Kabeir added that Sudan is not a ratified member of the ICC and therefore the ICC had no jurisdiction in this matter. He said that Sudan had issued a limited appeal to the African Union (AU) to mediate the conflict in Sudan and therefore would now appeal to Tanzania, as the Chair of the African Union, for its assistance in objecting to this move by the ICC. GREEN