C O N F I D E N T I A L SECTION 01 OF 02 KHARTOUM 001164

SIPDIS

DEPARTMENT FOR AF A/S FRAZER, AF/SPG, SE WILLIAMSON, IO,
NSC FOR BPITTMAN AND CHUDSON, ADDIS ABABA PLEASE PASS TO
USAU

E.O. 12958: DECL: 08/02/2018
TAGS: KPKO PGOV PHUM PREL UN AU SU
SUBJECT: SUDAN COMPLAINS ABOUT USUN VOTE, COMMENTS ON
UNAMID MANDATE RENEWAL

REF: A. KHARTOUM 1099

B. KHARTOUM 1092

C. KHARTOUM 1090

Classified By: CDA Alberto M. Fernandez, reasons 1.4 (b) and (d).


1. (C) Summary: The Sudanese Foreign Ministry called in
Charge Fernandez to formally complain about remarks made at
USUN on July 31 which seem to imply that the United States is
supporting the International Criminal Court (ICC) bringing
war crimes and genocide charges against President Al-Bashir.
CDA refuted that claim. The Sudanese also explained their
agreement on Thai and Nepalese troops for the UN force and
acceptance of the work of the American company PAE in Darfur.
End summary.

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AMERICA UNMASKED ON ICC?
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2. (C) Sudanese MFA Under-Secretary Mutriff Siddiq called in
Charge Fernandez on August 3 to complain vociferously about
the US vote at the UNSC on July 31 renewing the mandate of
Darfur peacekeepers, "and even worse than the vote was your
explanation at the UN for the vote." Siddiq read the
transcript of Deputy PermRep Wolf's remarks which said that
the US had voted as it did because "language added to the
resolution would send the wrong message to the Sudanese
President Al-Bashir and undermine efforts to bring him and
others to justice." Siddiq said that this statement "gives
the strong impression that it is the United States, not the
UK or France, that is behind the ICC all along and is seeking
to target Sudan's president." Many here now think that "your
real agenda is not peace in Darfur but war in Sudan" when
they read this unprecedented statement.


3. (C) Charge Fernandez responded that it was the American
position that the renewal of UNSCR 1769 should be a stand
alone document without bringing in extraneous issues, like
the ICC. That had been Sudan's position as well. Siddiq
agreed that that had been Sudan's initial position and "we

could have lived with that vote and explanation by the
Americans," but that is not what the U.S. had said to justify
its vote. Charge responded that he had also been surprised
by that specific reference to the Sudanese President, as no
other USG official had said such a thing, certainly President
Bush had not. He noted that the standard language is that the
US is against impunity and for justice for crimes committed
in Darfur - whether by the Khartoum regime or by the rebels -
without specifying the President of Sudan or the appropriate
venue for such justice to be rendered (since the US is not an
ICC member). Charge has checked with Washington and had been
assured that there is no change in US policy and the US is
not prejudging the question of the ICC or of Sudan's
President.

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PAE CAN FINISH ITS WORK UNMOLESTED
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4. (C) Charge asked about Sudan's position on the American
company (a subsidiary of Lockheed Martin) working in Darfur,
PAE, since UN sources had assured us that the Sudanese would
allow it to continue its work. Siddiq said that this was
true. AU Chairman Jean Ping had initially raised this topic
with President Al-Bashir at the AU Summit in Sharm el Sheikh
and Al-Bashir had confirmed this with UNAMID officials on
July 24. Even though PAE's contract with the UN expired on
July 15 and would not be renewed, Sudan would "allow PAE as
much extra time as needed to complete its work." This
included expediting visas and flights PAE needed to bring in
materiel and staff to complete its assigned tasks for the UN.
"We recognize that some of the delay was the result of our
own suspicion, and some was a result of the UN." Siddiq said
that there was no specific end date for this allowance, "just
whenever they finish."

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THAI AND NEPALESE ACCEPTABLE
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5. (C) Charge then asked about the status of the Thai and
Nepalese units intended for UNAMID. Siddiq answered that
"this is an American accomplishment" which came out of the

KHARTOUM 00001164 002 OF 002


discussion with SE Williamson when Sudan agreed to every
suggestion made by the United States. Even though Williamson
had walked out of the talks, Sudan had decided to "keep its
word" on issues related to UNAMID deployment so once the
Egyptian and Ethiopian units (currently deploying) and US
trained and equipped Rwandan and Senegalese units (expected
in August) are in place, "we have no objections to these
Asian units as well." Both UNAMID officials and UNSC
PermReps had been notified of Sudan's decision. Sudan was
also being helpful on humanitarian issues of interest to the
U.S. and only held back on purely bilateral issues, such as
US military officers for UNAMID. "And you got construction on
your new embassy thrown in as well," he pointedly reminded
Charge.


6. (C) Siddiq said that Sudan would welcome the visit of
Special Envoy Williamson later that week even though the
Sudanese regime's expectations were low, "we have been
disappointed by you many times over the past 8 years." He
added that he himself believed that the Bush Administration
lacked the authority to engage in real diplomacy because it
has so little time left, "others in the NCP may be more
hopeful, but I am not." He reiterated the view that SE
Williamson was pressed by hawks in the Administration to
break off a promising effort at reconciliation in June, "I
think that is pretty obvious" he noted.


7. (C) Comment: Certainly the USG comments quoted by the
Sudanese MFA strongly imply that the US is more adamant on
the ICC than actual ICC members UK and France, which have
gone out of their way to signal their interest in finding
some sort of compromise with the Sudanese. This is a message
that FM Miliband gave to the Sudanese in July and which FM
Kouchner has offered to deliver personally to Al-Bashir in
August. The Sudanese cannot imagine that such a choice of
language by a US official was a mistake, even though it is at
sharp variance with other comments by officials, including
the President, since the July 14 announcement by Ocampo.
Siddiq's clarification on PAE and on the Thai/Nepalese
confirms past embassy reporting and shows that the Sudanese
have a vested interest in demonstrating how reasonable and
accommodating they can be in the interim period before an
actual ICC arrest warrant against the President is handed
down. End comment.
FERNANDEZ