S/WCI AMB. WILLIAMSON PRESSES SPAIN ON RWANDA

C O N F I D E N T I A L SECTION 01 OF 05 MADRID 000571

SIPDIS
SENSITIVE

S/WCI FOR MATTHEW LAVINE
AF/C FOR FOX, CASEY
L/LEI FOR BUCHHOLZ, PROPP, JOHNSON
L-EUR FOR PETER OLSON, KAREN JOHNSON
L-AN FOR ONA HAHS
KIGALI FOR KAMINSKI
THE HAGUE FOR SCHILDGE
PARIS FOR KANEDA

E.O. 12958: DECL: 05/23/2018
TAGS: PREL PHUM MASS KLIG KAWC OFDP RW SP
SUBJECT: S/WCI AMB. WILLIAMSON PRESSES SPAIN ON RWANDA

REF: MADRID 504 AND PREVIOUS

MADRID 00000571 001.2 OF 005


Classified By: DCM Hugo Llorens for reasons 1.4 (b) and (d)


1. (C) SUMMARY: In consultations with Spanish interlocutors
in Madrid May 19-20, Ambassador Williamson (S/WCI) urged the
Spanish government to reach out to the Rwandan government at
the political level to try to ease tensions over the Spanish
judiciary's indictment of 40 Rwandan officials in connection
with the deaths of nine Spanish citizens between 1994 and
2000 (reftel). The general Spanish response was positive but
noncommittal, although several contacts acknowledged that the
overreach of the indictment was inappropriate and potentially
problematic for Spain. There was agreement in principle to
talking with the Rwandans, although we believe the Spanish
will require strong encouragement. A possible scenario for a
meeting could be between the Spanish PermRep in New York and
Rwandan Prosecutor General Martin Ngoga, when Ngoga
represents Rwanda at the UNSC session on the ICTR on June 4.
Amb. Williamson also asked the GOS to consider future
contributions to several international judicial bodies that
may be coming online in Africa in the medium term. The GOS
expressed interest in possible participation in the
Democratic Republic of Congo and in Senegal. END SUMMARY.


2. (U) Ambassador-at-Large for War Crimes Issues Clint
Williamson consulted May 19-20 with Spanish international
judicial experts and MFA contacts, opening a dialogue with
Spain on an issue in which it has not been particularly
active heretofore. Amb. Williamson met with MFA Legal
Advisor Concepcion Escobar, Deputy Director General for
Africa Antonio Sanchez-Benedito, Deputy Director General for
the Balkans Ramon Abaroa, Special Ambassador for Human Rights
Silvia Escobar, MOJ Director General for International
Judicial Cooperation Aurora Mejia, and Director of
International Relations for the General Council of the
Judiciary Francisco de Jorge.

//RWANDA INDICTMENTS//


3. (C) Amb. Williamson urged the GOS to actively engage the
Rwandan government on the issue of the indictments, noting
the GOR's concern that the indictments, and more specifically
the historical background contained therein, enjoy the full
support of the Spanish government. Deputy DG for Africa
Sanchez-Benedito told Williamson May 19 that the family and
associates of the nine Spanish victims had convinced the
Spanish judge to take on the case and that all of the
testimony and evidence gathered pointed to forces within the
RPF as responsible. He said the judge therefore decided to
expand the prosecution to include nearly the entire Rwandan
military and senior government apparatus with the exception
of Kagame, noting that he was exempted solely because of his
immunity as head of state. Sanchez-Benedio acknowledged that
such overreach by the Spanish judiciary did impact Spanish
foreign relations, also naming an ongoing investigation into
the persecution of Falun Gong in China as a case of concern.
Sanchez-Benedito said that the GOS does not share the
assumptions of the indictment, which seem to rewrite the
genocide from an exclusive perspective of Hutu victimhood and
Tutsi brutality while ignoring the premeditated Hutu
slaughter of Tutsis in 1994.


4. (C) Sanchez-Benedito said that Foreign Minister Moratinos
had spoken some time ago with the previous Rwandan Foreign
Minister, but no one had talked with FM Museminali.
Williamson urged that Moratinos call Museminali to explain
the Spanish government's position as distinct from its
judiciary. He noted difficult conversations with GOR
officials during his recent travel to Rwanda, along with
concerns by British and German diplomats that the indictments

MADRID 00000571 002.2 OF 005


made travel by Rwandan officials to Europe extremely
difficult. Williamson stressed that it is important for the
Spanish to engage the Rwandans at senior political levels,
not just to rely on technical working-level discussions
between their respective police officials. Sanchez-Benedito
expressed his understanding but responded that if the Rwandan
judiciary had investigated these deaths, the Spanish court
would have had no jurisdiction, due to the principle of
subsidiarity. (NOTE: Williamson later heard the same
argument from Director General for the Mideast, Mediterranean
and Maghreb Alvaro Iranzo during a brief conversation May 20.
END NOTE.) Sanchez-Benedito said the GOS would make contact
with the GOR to explain the situation, but he cautioned that
the government has very little room to maneuver, given the
separation of powers and the inflammatory issue of the
Spaniards' deaths. Williamson noted that the USG is hoping
to increase capacity in the Rwandan judiciary, and he
suggested that the GOS might take an active interest in this
process once the current tensions subside as a way of
balancing out the damage done by the indictments.


5. (C) MFA Legal Advisor Concepcion Escobar said that she
was not so much concerned about jurisdictional issues in the
case but on the wildly inaccurate description of
circumstances surrounding the deaths. She said that the MFA,
and to her knowledge, other ministries had not undertaken any
steps to seek international arrests, but she added her
understanding that ICTR officials had looked at the cases to
see if prosecutions could be undertaken in Arusha.
Nevertheless, she pled ignorance on how aggressive the
judiciary would be in pursuing the indictments.


6. (C) Director of International Relations for the General
Council of the Judiciary Francisco de Jorge at first claimed
he was only vaguely familiar with the Rwanda indictment case,
but his memory quickly returned as the discussion progressed
in a meeting on May 20. He offered to explain the case to
Rwandan officials on behalf of the judiciary, saying that it
would be inappropriate to have any direct contact with Judge
Andreu, but that he could in his capacity explain the
indictments and details about the Spanish process to
interested parties. He said that he would first have to
secure the blessing of the General Council, but believed they
would be receptive as long as they received a formal request
from the MFA along with reimbursements for travel.


7. (C) Amb. Williamson and Charge Llorens agreed May 20 to
explore the possibility of setting up a meeting between the
Spanish PermRep and Prosecutor General Ngoga in New York on
the margins of the UNSC session in early June to discuss the
issue, although neither government appears willing to take
the lead in setting such a meeting. Amb. Williamson also
asked Post to contact British and German colleagues in Madrid
to see whether expressions of concern by a broader audience
might motivate the GOS to action.


8. (C) COMMENT: While the Spanish Government recognizes
that this issue is creating tension in a broader arena, they
do not seem to feel directly impacted by it and, thus, are
not seized with a sense of urgency to resolve it. They were
generally receptive to the idea that enhanced dialogue with
the Rwandans might be beneficial, but having the point
reinforced by other EU governments (e.g., UK, Germany) might
prompt them to act more expeditiously. END COMMENT.

//SENEGAL TRIBUNAL OF HISSENE HABRE//


9. (SBU) Spanish interlocutors expressed interest in
potentially providing support for the proposed trial of
Chadian dictator Hissene Habre in Senegal and requested more
details on specific needs. All officials acknowledged

MADRID 00000571 003.2 OF 005


Senegal as a country of priority for Spain and agreed with
Ambassador Williamson on the importance of the African
Union's support for such a trial. Concepcion Escobar agreed
to propose greater Spanish judicial cooperation on Senegal
and in other areas with Deputy Foreign Minister Lossada. MOJ
Director General for Int'l Judicial Cooperation Aurora Mejia
expressed strong interest in this idea and said that her
office would be the appropriate point of contact for
requesting seconded legal officers and experts.

//SIERRA LEONE//


10. (SBU) Concepcion Escobar and Sanchez-Benedito confirmed
that Spain would maintain roughly the same financial
contribution to the Sierra Leone Court in 2008 (approximately
265,000 euros) and that the funds could be released as early
as late June. The Spanish will also consider requests for
legal officers and judicial personnel, but cautioned that
Sierra Leone is not a priority country for Spain. Spain will
not accept transferees for execution of sentences. Escobar
offered that Spain might investigate providing technical
assistance similar to UK programs, but she cautioned that the
Spanish development budget was very inflexible and did not
include Sierra Leone at this time. Ambassador Williamson
expressed U.S. concern over the slow pace of progress by the
court, but reiterated the importance of its success for West
Africa and for the international judicial process writ large.
He noted that the court needs secondees as well, if Spain
were in a position to provide those.

//GENOCIDE PREVENTION AND EARLY WARNING//


11. (SBU) Concepcion Escobar and Special Ambassador for
Human Rights Silvia Escobar expressed Spain's interest in
additional information on the Justice Rapid Response and
Global Futures Forum initiatives, as well as Spain's
willingness to participate in future meetings.

//ICTR AND ICTY CLOSURE//


12. (SBU) Ambassador Williamson conveyed that the United
States is beginning to look seriously at the processes by
which both the ICTR and ICTY can conclude their cases and be
dismantled. For the ICTR, a main obstacle is the incapacity
of the Rwandan judicial system to effectively absorb the
caseload, while there is a more general reluctance in both
tribunals to speed work to a close. He described the ongoing
process with the UNSC working group on tribunals but noted
that other governments and NGO's have been offering input.
He encouraged Spain to support and participate in this
effort. Concepcion Escobar took this on board. Deputy DG
for the Balkans Ramon Abaroa acknowledged that Serbia is not
cooperating at all with the ICTY and knows perfectly well
where Mladic is. With the apparent inability of Tadic's
party to form a government, future cooperation from Serbia
seemed unlikely.

//BOSNIA//


13. (SBU) Amb. Williamson discussed the need to prolong the
presence of international jurists at the Bosnia State Court
past the statutory limit of 2009 and informed Spanish
contacts of the need to begin work immediately on changing
the Bosnian law. He further noted that the United States
would hope to enjoy strong cooperation with Spain once Spain
took the EU lead on judicial issues in Bosnia upon the
departure of the High Representative. Deputy DG for the
Balkans Abaroa noted that not only would Spain be in charge
of judicial affairs but also of the overall archives, which
would be an important challenge for the Spanish. Concepcion
Escobar noted that in addition to judicial cooperation, the

MADRID 00000571 004.2 OF 005


Spanish were concerned with the institutionalization and
stabilization of judicial authority in Bosnia.

//INTERNATIONAL CRIMINAL COURT//


14. (C) Concepcion Escobar asked Amb. Williamson whether the
USG was not perhaps more accommodating in its recent approach
to the ICC. She said that the United States appeared to
support ICC involvement in prosecuting war crimes in Darfur,
and she noted that Spain would be leading the upcoming review
conference of the Rome Statute of the ICC, asking if the
United States might consider participation in the conference.
Amb. Williamson said that U.S. participation might indeed be
counterproductive given our lack of involvement up to this
point, and might even prompt other participants to
reflexively oppose U.S.-supported provisions that they might
otherwise approve. Escobar acknowledged that the "Crime of
Aggression" debate would certainly be part of the conference,
but that it would not be the only issue raised and European
members certainly understand the U.S. position. Spain hoped
the conference could be a lessons learned exercise and
expressed certainty that the U.S. perspective would be useful
in such a context. Regardless of whether the United States
becomes a State party, she said it is clear that the United
States is not obstructing the work of the ICC, and she said
that statements by senior U.S. officials make clear that the
ICC can be another jurisdiction for international war crimes,
though not the only U.S. option.


15. (C) Amb. Williamson noted that the United States and the
ICC share the same basic approach toward war crimes issues,
and that our preference, when feasible, would be a domestic
prosecution of war crimes. If that proves impossible,
because of lack of capacity or because of ethnic or political
bias, the second option should be some sort of hybrid
domestic tribunal with international assistance. The third
and last option should be a full-blown international
tribunal. Beyond the obvious reasons of delivering justice
close to where the crimes occurred and where victims and
witnesses are located, a practical reality is that in its
current capacity the ICC is not capable of absorbing a large
number of new cases, certainly not as many as are currently
active or contemplated in other tribunals. Williamson said
that while the United States still has significant
differences with the ICC, we recognize that it has an
important role in the sphere of international justice and
that there will be appropriate circumstances for it to handle
certain cases. Escobar agreed but noted that Spain still
believe the ICC should be the "jurisdiction of reference" in
these issues, while not excluding the need for other
tribunals where appropriate.


16. (C) Escobar asked Williamson whether the United States
might be interested in creating a permanent informal U.S.-EU
dialogue on ICC issues on the margins of COJUR to discuss a
variety of procedural and technical considerations of mutual
interest. Amb. Williamson acknowledged the potential utility
of such a venue and took the idea on board, agreeing to
consult others in the USG before responding definitively.

//DEMOCRATIC REPUBLIC OF CONGO//


17. (SBU) Amb. Williamson detailed the "war crimes mapping
mission" being launched by the UN Office of the High
Commissioner for Human Rights and asked Spanish contacts to
consider involvement in the effort. He noted that plans for
the mission are still evolving but that the project will
focus on what atrocities occurred where and when, not on
identification of specific individual perpetrators. The next
step, upon completion of the mapping, as currently envisaged,
would be formulation of recommendations to ensure a viable

MADRID 00000571 005.2 OF 005


accountability process. Antonio Sanchez-Benedito and
Francisco de Jorge asked for additional information when
available and expressed Spain's increased commitment to
development assistance for the DRC.

//SOMALIA//


18. (C) Sanchez-Benedito expressed Spain's strong support
for UNSC action on piracy off the Horn of Africa and said
that the EU tide has turned toward the need for a more active
approach to this subject. He further assured Amb. Williamson
that the TSG, which he said was helpful in the resolution of
the seizure of a Spanish fishing vessel by Somali pirates,
was very supportive of the proposal and had even written a
statement of support to the UNSC.

//GENERAL COUNCIL OF THE JUDICIARY//


19. (SBU) Francisco de Jorge, head of International
Relations at the General Council of the Spanish Judiciary
(CGPJ),said that the Council is willing to provide secondees
and experts for the various tribunals in Africa and elsewhere
so long as participation enjoys the blessing of the
government. He said that the judiciary generally tries not
to act internationally out of line with GOS policy where
possible. He further cautioned that sending a Spanish judge
to work in Congo required certain financial incentives to
make such a hardship attractive. As such, he suggested that
any requests for Spain to provide international assistance of
a judicial nature be made both through the MFA and MOJ and
concurrently with the CGPJ.

//COMMENT//


20. (C) The undercurrent throughout the visit was
acknowledgment of Spain's increasing interest in Africa and
concurrent responsibility to act on these issues.
Sanchez-Benedito said that Spanish assistance to Africa will
top one billion euros next year. Spanish interlocutors were
most interested in Senegal and the DRC as potential avenues
for further cooperation. Other useful points of contact for
additional discussions on these issues include Special
Ambassador for Humanitarian Affairs Maria Bassols and Special
Ambassador for Peacekeeping Operations Arturo Spiegelberg and
Special Ambassador for Humanitarian Affairs Maria Bassols.
END COMMENT.


21. (U) Ambassador Williamson has cleared this cable.
Aguirre