GOF HAS LIMITED INFORMATION ON ALLEGATIONS OF WAR

C O N F I D E N T I A L PARIS 000956 SIPDIS E.O. 12958: DECL: 07/15/2019 TAGS: BG CB CE IN JA PGOV PREL KAWC FR SUBJECT: GOF HAS LIMITED INFORMATION ON ALLEGATIONS OF WAR CRIMES IN SRI LANKA, WILL ENCOURAGE CAMBODIAN COOPERATION WITH UN ON SPECIAL TRIBUNAL Classified By: Political Counselor Andrew Young for reasons 1.4 (b),(d ). ¶1. (C) Summary: In July 10 discussions with Ambassador Williamson, GOF officials highlighted FM Kouchner's efforts to secure a ceasefire in Sri Lanka and his personal concern over the status of IDPs there. While the GOF is concerned by allegations of violations of international humanitarian law, they are in an information-gathering phase and are unable to identify specific evidence which supports the allegations. French interlocutors noted facts are difficult to ascertain since France has no access to the conflict zone or to IDPs, and witness testimonies are inconsistent. While awaiting further information, the GOF will continue to stress the need for Colombo to respect international humanitarian law and to allow the free movement of IDPs. On corruption allegations at the Khmer Rouge Tribunal, GOF officials agreed with Williamson that selecting a candidate acceptable to both the Royal Government of Cambodia (RGC) as well as the UN and NGO community to fill the newly-created Independent Counselor position will be key to restoring some credibility to the Tribunal. One interlocutor, Official Representative for International Penal Tribunals Christian Bernier, was more circumspect, however, stating that it would be difficult to change the Tribunal's administrative and judicial practices. Nonetheless, French officials would recommend that FM Kouchner encourage Cambodian President Hun Sen, during a July 13 meeting, to show greater flexibility in approving a compromise candidate. On Bangladesh, GOF representatives noted Bangladeshi officials have been approaching several governments to inquire about their judicial systems, leaving France optimistic that Bangladesh is attempting to develop a legitimate accountability process for the 1971 war. End summary. ¶2. (C) Ambassador-at-Large for War Crimes Issues Clint Williamson met separately July 10 with French Ministry of Foreign Affairs Director General (A/S-equivalent) for Asia and Oceania Francois Descoueyte -- along with Official Representative for International Penal Tribunals Christian Bernier and desk officers for Cambodia, Bangladesh, and India -- and Foreign Minister Kouchner's Judicial Affairs Advisor Sylvie Pantz to solicit information on allegations of war crimes committed during the recent conflict in Sri Lanka. French officials acknowledged little concrete information was available but agreed to be in contact as information develops. Williamson noted both FM Kouchner and British FM David Miliband had been particularly outspoken regarding allegations of violations of international law in Sri Lanka and inquired whether France could provide any clarifying details of events on the ground. Descoueyte said Kouchner and Miliband traveled to Sri Lanka on April 28, calling for a ceasefire to bring humanitarian assistance to civilians displaced by fighting between Tamil rebels and government forces. Kouchner's message was three-fold: he condemned the Tamil Tiger's terrorist acts; expressly requested that the Sri Lankan government respect international humanitarian law and allow free circulation of IDPs and humanitarian access to the IDP camps; and called for political reconciliation. Descoueyte stated France also supported the extraordinary session of the Human Rights Council (HRC) in Geneva on the human rights situation in Sri Lanka and was "very disappointed" by the flawed resolution that resulted. Bernier opined that the Sri Lankan government is "very effective" in its diplomatic approach in Geneva and said France is in an information-collection phase to obtain a more effective result in the HRC. ¶3. (C) Descoueyte noted the GOF is considering the Sri Lankan government's proportionality of use of force and is similarly concerned with the government's "tradition of disappearances" as well as the behavior of militias. However, he remarked, the situation on the ground is confusing -- witnesses change their testimony, numbers of victims range widely, etc. Moreover, France has no access to the conflict zone and no access to IDP camps, and there is some evidence that NGOs "grossly exaggerated" rumors of human rights violations without solid evidence. While it is critical to avoid a "culture of impunity," Descoueyte believed the international community should proceed delicately so as not to block the process of political reconciliation. As more information is gathered, the GOF will continue to emphasize the need to respect international humanitarian law and human rights as well as the need to ensure the free circulation of IDPs, which is currently being suppressed. ¶4. (C) French officials inquired of Williamson the way forward in entering a new phase with the Sri Lankan government. Williamson acknowledged that our ability for influence in a grand strategic way is limited. Descoueyte said the Sri Lankan government has successfully demonized the West, and we need the help of Asian countries to learn about alleged violations of international humanitarian law. To this end, the French government has talked to India at high levels, and Descoueyte noted PM Singh would be in Paris July 13 where the issue could again be raised. However, the overall impression is that India is being "cautious" and is "not too engaged" given its delicate position/relationship with the Tamils. GOF officials said India will not likely get involved on the multilateral level but could engage bilaterally. Williamson and Descoueyte agreed Japan could do much more to elicit a cooperative response from the Sri Lankan government. Descoueyte noted international financial support for rehabilitating devastated war zones could have a positive impact on political reconciliation and information access. ¶5. (C) Turning to the Khmer Rouge Tribunal, GOF officials and Williamson agreed that continuing allegations of corruption by Tribunal officials is worrying but showing signs of improvement. Pressure from the UN to create a mechanism to clamp down on corruption resulted in a new position for an Independent Counselor who would be responsible for receiving anonymous complaints/allegations of corruption from UN and Cambodian employees of the Court and for bringing those to the attention of the UN and RGC. Williamson said the person selected for the position is critical. Bernier agreed, saying the challenge is to find a "face-saving" candidate acceptable to both the NGO community and the RGC, but he pessimistically suggested judicial and administrative practices would not change. He cautioned that the Special Tribunal is a Cambodian institution and part of the Cambodian judiciary, unlike other international tribunals; thus, the UN and international community cannot dictate to it as they would to other international tribunals. Williamson stressed the RGC must be encouraged to be more open in considering candidates for the position. The UN has already ceded ground by reserving the position for a Cambodian; selecting a compromise candidate would be a positive for the RGC and could end the intense corruption coverage. According to Williamson, the French ambassador's suggested candidate, Kim Sathavy, a Cambodian Supreme Court justice whom NGOs approve of but the RGC thus far does not support, could be a good choice. Descoueyte cautioned that the French Ambassador to Cambodia's influence is limited. GOF officials noted Cambodian Prime Minister Hun Sen would arrive in Paris July 10 and meet July 13 with FM Kouchner, and Descoueyte said he could recommend that Kouchner encourage PM Hun Sen to cooperate with the UN. On the Tribunal's overall credibility, Bernier said Case 2 (involving the four most senior surviving Khmer Rouge officials) will form France's final opinion of the Court's work. ¶6. (C) Briefly addressing Bangladesh, Descoueyte said Bangladeshi officials have approached the French several times regarding France's system for prosecuting war crimes and have apparently approached several other governments on the same subject. Descoueyte said it seems the GOB is serious about developing a legitimate and effective accountability process to deal with crimes committed in the 1971 war. ¶7. (C) MFA Judicial Affairs Advisor Sylvie Pantz said the GOF did not have any specific evidence of international humanitarian law violations in Sri Lanka. On Cambodia, Pantz asked whether FM Kouchner should "push" PM Hun Sen to find an acceptable Independent Counselor candidate during a July 13 meeting between the ministers. Williamson replied that it would be very helpful, at a minimum, for Kouchner to encourage PM Hun Sen to work with the UN and, if Kouchner was willing, to suggest Sathavy's name. Pantz took detailed notes and said she would advise Kouchner to address the Independent Counselor issue. According to Williamson, France has the most influence over the RGC after Japan, the Tribunal's biggest contributor, and they could play a very helpful role in resolving the current impasse. ¶8. (U) Ambassador Williamson has cleared this cable. PEKALA