UGANDA AND THE ICC: WALKING A TIGHT ROPE ON BASHIR INVITE

UNCLAS KAMPALA 000761 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PREL UG SUBJECT: UGANDA AND THE ICC: WALKING A TIGHT ROPE ON BASHIR INVITE ¶1. (SBU) Summary: After initial ambiguities over its stance towards the International Criminal Court (ICC) indictment of Sudanese President Omar el-Bashir, Uganda has clarified its carefully balanced stance. It has disassociated itself from the recent Africa Union (AU) resolution calling on African ICC members not to cooperate with the ICC to enforce the Bashir indictment, but supports an earlier AU decision to conduct its own investigation into the case during a 12 month deferral of the indictment. Last but not least, Uganda has reconfirmed its commitment to the Rome Statute, meaning very clearly that it will execute an arrest warrant should Bashir opt to attend an African business summit to be held in Kampala in late July. End summary. ¶2. (U) Minister of State for Foreign Affairs Okello Oryem in a July 13 joint press conference with visiting ICC Chief Prosecutor Luis Moreno Ocampo acknowledged that Bashir had been invited to the Global Smart Partnership Dialogue to be held in Uganda July 26-28. Oryem noted, however, that Uganda would honor its legal obligations under the Rome Statute. He confirmed that an arrest warrant for Bashir had been sent to Uganda's Office of the Solicitor General and commented that "if and when Bashir arrives in Uganda, it would be up to Inspector General of Police Kale Kayihrua to take action." Stressing the differences between Uganda's political commitments to the AU and its legal obligations under the Rome Statue, Ocampo pushed for Bashir's arrest should he travel to Uganda. ¶3. (SBU) Foreign Affairs Permanent Secretary James Mugume confirmed Oryem's public statement to the Charge on July 14, adding that Uganda was "committed" to the Rome Statue. As such, like Botswana and Ghana, Uganda has disassociated itself from the AU Summit resolution in Sirte, Libya instructing African ICC members not to cooperate with the ICC in apprehending Bashir, he explained. That resolution, Mugume lamented, was rammed through the summit by Mu'ammar Qadhafi and was "insensitive to members' views." Mugume said that the GOU supported the February 2009 AU decision to appoint an eight-member commission led by former South African president Thabo Mbeki to investigate the Bashir indictment and form an "African point of view." To give this commission time to do its work, the AU decision further sought to defer the indictment for 12 months in accordance with Article 16 of the Rome Statute. Uganda also fully supports this call for deferral of the indictment. Mugume said that President Museveni delivered this message to Ocampo in their July 13 meeting. ¶4. (SBU) Mugume explained that Bashir, as an African head of state, was automatically invited to the Global Smart Partnership Dialogue. He said that the GOU is trying to discourage him from attending because its legal commitment to the Rome Statute would require that he be arrested. Organized by the Office of the President, the Dialogue aims to promote investment and development by bringing together Heads of State and over 500 participants from five continents, to include business executives, academics, political leaders, scientists, civil servants, cultural, literary, and media figures. ¶5. (SBU) Comment: Despite some initial ambiguity, Oryem's public statement on the GOU's intent to honor its obligations under the Rome Statue is consistent with the Government's moderate stance on the ICC warrant. It is clear that the GOU would rather Bashir not travel to Uganda, and has thus followed South Africa's lead by making it publicly clear that it would enforce the warrant. End Comment. HOOVER