S/WCI AMBASSADOR WILLIAMSON'S MEETING WITH A/S

C O N F I D E N T I A L PARIS 000123

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/09/2017
TAGS: PREL PHUM FR
SUBJECT: S/WCI AMBASSADOR WILLIAMSON'S MEETING WITH A/S
EQUIVALENT FOR INTERNATIONAL ORGANIZATIONS MARC GIACOMINI

Classified By: Pol M/C Josiah Rosenblatt for Reasons 1.4 (b) and (d)


1. (C) SUMMARY:On January 7, Ambassador Williamson met with
acting A/S-equivalent for international organizations Marc
Giacomini and Christian Bernier, Special Assistant for
international tribunals, to discuss various war crimes
issues, particularly the International Criminal Court (ICC)
and residual issues of the Yugoslavia and Rwanda Tribunals.
Regarding the ICC, the French noted their concern with the
current debate in the Assembly of States Parties regarding
the Crime of Aggression, and discussed with Ambassador
Williamson possible mechanisms for cooperation in influencing
this debate. All agreed on the need to better manage the
increasing costs of the courts. END SUMMARY.


INTERNATIONAL CRIMINAL COURT
--------------

2. (C) Ambassador Williamson began by noting that the USG
has recently made efforts to reach a 'modus vivendi' with its
European allies on the ICC, and with the ICC itself. He
highlighted the fact that the U.S. did not block the Darfur
referral by the Security Council and supported holding the
Charles Taylor prosecution on ICC premises. Giacomini thanked
Williamson for U.S. efforts, and asked whether the U.S. could
help influence the debate in the Assembly of States Parties
(ASP) on the Crime of Aggression. Williamson explained that,
because the U.S. is not a member of the Assembly of State
Parties, it is difficult for the U.S. to address such issues
within the ASP. He noted further that the U.S. has
participated in informal P-5 discussions and will continue to
do so, but it would be difficult for the U.S. to engage in
the ASP after two years of debate. Giacomini acknowledged
the difficulties of the U.S. entering into ASP discussions at
this late date but said that the U.S. could play a positive
role in engaging governments who are in the ASP, at a
political level, to express our misgivings about adoption of
the Crime of Aggression. His view was that many governments
have approached this as an academic legal question and have
given "experts" in this field wide latitude to negotiate,
perhaps without recognizing the political ramifications of
the ICC adopting this provision. Giacomini suggested that,
at an appropriate time, it also might be helpful for the P-5
to make a statement on the Crime of Aggression. Williamson
reiterated that the U.S. shares France's concerns about the
substantive debate on the Crime of Aggression, and is open to
UK and French ideas on how the we can be helpful.

LEBANON
--------------


3. (C) Ambassador Williamson noted that security has been a
serious concern in the organization of the Lebanon tribunal;
however, an agreement has been reached to hold the trial in
the former Dutch intelligence headquarters. The French
agreed that it is difficult to combine substantive functions
of the ICC and the Lebanon tribunal, but wondered if a
separate jail was also needed for the trial or if the ICC
facility could be used. They urged the U.S. to keep an open
mind and consider this and other measures that could
potentially save costs. Giacomini questioned Williamson
about using an ICC audience chamber, adding that "the UN
always proposed the costlier solution." Ambassador
Williamson responded that a secure audience chamber would be
expensive and noted that the financial obligation for the
Lebanon Tribunal is exceptionally high. The French
questioned Williamson over the possibility that, to cut
costs, the infrastructure currently in place in The Hague
could be used for the Lebanon Tribunal. Williamson noted
that the U.S. is currently paying over $100 million per year
to support various courts around the world and would like to
reduce costs, but that higher security concerns surrounding
the Lebanon Tribunal may make cost-savings difficult. The
French noted, that, like the U.S., they are waiting on a
response from the Dutch as to how to deal with security for
the judges following the conclusion of the Tribunal. France
believes it makes the most sense to settle the judges in the
Netherlands, but if the Dutch refuse, the GOF will consider
hosting them in France.

ICTY and ICTR
--------------


5. (C) Ambassador Williamson noted that many residual
issues must be resolved prior to the conclusions of trials
and appeals at the Yugoslavia and Rwanda Tribunals. The

joint ICTY/R paper on residual and legacy issues, presented
to the UN Security Council Tribunal Working Group, helped
shape the initial debate but more specific information (e.g.
costs, staffing) is now needed. The GOF reiterated
the possibility of facility-sharing with the ICC (as a
cost-saving measure),and Giacomini inquired whether ICC
judges could be used for non-core judicial functions.
Ambassador Williamson also brought up the issue of the
archives of the Rwanda and Yugoslavia Tribunals. He
acknowledged that Croatia, as a new member of the UNSC and a
country under the jurisdiction of the ICTY, will play an
important role in the Security Council Working Group.
Giacomini described France's relations with Croatia as good
and
said the GOF would be willing to help push Croatia in the
right direction. Williamson also noted that arrangements
must be made to ensure that no fugitives escape justice. One
of the biggest issues remaining for the Rwanda Tribunal is
enabling the Tribunal to transfer cases to domestic
jurisdictions, particularly Rwanda. The U.S. is working to
enhance Rwanda,s judicial system but the
decision to transfer ultimately resides with the ICTR.
Bernier noted that France does not have diplomatic relations
with Rwanda and will be hard pressed to push them on the any
issues, but added that judicial cooperation is good.

SIERRA LEONE
--------------


6. (C) Ambassador Williamson highlighted the extensive
problems facing the Special Court for Sierra Leone (SCSL),
while noting that the Charles Taylor process seemed to be
going reasonably well due to the trial's high profile as well
as its location in the Hague. Ambassador Williamson
described U.S. concerns over inefficiency at the Special
Court for Sierra Leone. Williamson said that conflict
between the Deputy Registrar Binta Mansaray and President
George Gelaga King has made the situation difficult. The
Sierra Leonian government recognizes there are problems with
Justice King and is waiting for his departure from office in
June. The French reiterated their support for the Tribunal
and said they will renew their contribution of 500,000 euros.
The French inquired about what the U.S. has done to improve
SCSL efficiency. Williamson responded that the court created
a management committee to review operations, but acknowledged
that there has frequently been resistance from within the
court when the committee has tried to exercise its authority.
The management committee is expected in Freetown in
February, and the U.S. hopes for a more assertive approach
among its members - something that may be facilitated now
that the Sierra Leonian government has recognized the extent
of problems in the SCSL.

CAMBODIA
--------------


7. (C) Ambassador Williamson reported there have been
recent improvements related to the Khmer Rouge Tribunal
(KRT) including several arrests that have bolstered
confidence in the court. Citizens and court staff are
encouraged by the arrests and the court appears to be willing
to deal with complaints about corruption. Cambodian
officials recognize there is a substantial international
scrutiny over the court. Ambassador Williamson added that he
intends to meet with members of the U.S. Congress to discuss
funding for the court to report on developments. He is
hopeful that the UN will appoint a Special Advisor to help
continue to resolve the problems at the KRT.

HISSENE HABRE
--------------


8. (C) Ambassador Williamson admitted that the U.S. was
shocked by the initial Senegalese request for 65 million euro
to try Hissene Habre. The USG looks forward to seeing the
report of the EU mission examining the prospects for
establishing such a trial. Williamson noted the USG favors
such a trial and would contribute funding by reassigned funds
from other accounts. Williamson underscored the importance
that this trial succeed because it represents the first time
African leaders have supported a trial of a former head of
government. The French did not know to what extent they could
help fund the trial, and are also awaiting the mission
results, as well as funding announcements from the EU and
UNDP.


9. (U) This cable has been cleared by Ambassador Williamson.


Please visit Paris' Classified Website at:
http://www.state.sgov.gov/p/eur/paris/index.c fm


PEKALA