ACTION REQUEST - MANDATE RENEWAL FOR THE UNITED

UNCLAS SECTION 01 OF 02 STATE 077701

SIPDIS

E.O. 12958: N/A
TAGS: KPKO PREL SU
SUBJECT: ACTION REQUEST - MANDATE RENEWAL FOR THE UNITED
NATIONS - AFRICAN UNION MISSION IN DARFUR (UNAMID)


1. Summary. This is an action request. Please see paragraph
3 for action. The mandate for the United Nations-African
Union Mission in Darfur (UNAMID) will expire on July 31. A
UN Security Council (UNSC) decision on UNAMID,s mandate
renewal will take place on July 30. Libya is seeking to
insert unacceptable language into an otherwise strong UK
text, suggesting that the UNSC should suspend the
International Criminal Court,s arrest warrant for Sudanese
President Bashir. Posts are requested to ask host
governments to oppose Libya,s language, drawing from the
talking points in paragraph 3. End summary.


2. Background. In July of 2008, the prosecutor of the
International Criminal Court (ICC),Luis Moreno Ocampo,
indicted Sudanese President Bashir for war crimes and
requested the Court to issue an arrest warrant against
President Bashir. The African Union immediately issued a
communiqu expressing concern that the actions of the ICC
prosecutor would undermine reconciliation efforts to end a
longstanding conflict in Darfur, Sudan, and requested the
UNSC to use its authority under Article 16 of the Rome
Statute of the ICC to defer the indictment. Libya
successfully inserted a reference to this communiqu into the
2008 UNSC resolution renewing UNAMID,s mandate, forcing the
U.S. to abstain on a high-profile and politically important
resolution. Now, as the Council prepares to debate the
renewal of UNAMID,s mandate for another year, Libya has
again proposed that a reference to this communiqu be
included in the new UNSC resolution renewing UNAMID,s
mandate. In addition, Libya is proposing that the Council
endorse a recent African Union decision to refuse to
cooperate with the ICC in the arrest and surrender of
President Bashir.


3. Action request. Posts are requested to ask host
governments, all of whom are sitting members of the UNSC, to
oppose Libya,s language, drawing from the talking points
below. USUN indicates China and Vietnam support Libya,s
text; Croatia, France, Japan, Costa Rica, the UK, and Mexico
oppose it, and Turkey, Uganda, Burkina Faso, Russia, and
Austria are undecided. Posts are requested to make the
demarche as soon as possible; final consultations are
scheduled for the UNSC on July 30. End action request.

Begin Talking Points:
General Points for all posts to draw from:
-The mandate for the United Nations-African Union Mission in
Darfur (UNAMID) is set to expire on July 31.
-We need your assistance in opposing controversial text
proposed by Libya, which endorses African Union documents
suggesting the UN Security Council should suspend the
International Criminal Court,s arrest warrant for Sudanese
President Bashir, and that countries should consciously not
comply with their respective obligations to arrest or
surrender him.
-UNAMID is slated to be the UN,s largest peacekeeping
mission in history. It is important that the Council acts
with one voice. It is disappointing that the Council risks a
divide on this resolution because of political issues that
don,t have anything to do with the strength or effectiveness
of UNAMID.
-The proposed Libyan text is unacceptable to the U.S. This
resolution should be about strengthening UNAMID and making
sure it has the mandate, troops, and equipment it needs. We
should refrain from using the UNAMID mandate renewal
resolution to push other ancillary political agendas.
Instead, we should strive for a resolution that all can join
behind in order to send the right message of Council support
for UNAMID.
Additional Points for CROATIA, JAPAN, COSTA RICA, MEXICO
-Please help us to urge other Council members Turkey, Uganda,
Burkina Faso, China, Vietnam, and Russia to oppose Libya,s
text calling for the Council,s acknowledgement of African

STATE 00077701 002 OF 002


Union communiqus containing controversial language not
agreed to by all Council members.
FOR BURKINA FASO, UGANDA:
-We need your assistance in working with Libya to withdraw
controversial text from the resolution, which endorses
African Union documents suggesting the UN Security Council
should suspend the International Criminal Court,s arrest
warrant for Sudanese President Bashir, and that countries
should consciously not comply with their respective
obligations to arrest or surrender him.
-(Burkina Faso Only) Burkina Faso has a special stake in
ensuring U.S. support for UNAMID,s mandate. The United
States trained and equipped Burkina Faso,s first-ever UN
peacekeeping battalion, currently slated for UNAMID. The
Libyan language will spoil consensus, weakening a resolution
which UN-AU Chief Mediator Bassole and Burkinabe peacekeepers
are working hard to implement.

FOR TURKEY, AUSTRIA:
-Please ensure your mission in New York is instructed to
oppose this language. Our mission is reporting your
delegation is &undecided8 on its position, but we believe
your government shares our position that UN peacekeeping
resolutions are not the appropriate arena for trying to
resolve ancillary political issues.

FOR RUSSIA

-We need your assistance in working with Libya to withdraw
controversial text from the resolution, which endorses
African Union documents suggesting the UN Security Council
should suspend the International Criminal Court,s arrest
warrant for Sudanese President Bashir, and that countries
should consciously not comply with their respective
obligations to arrest or surrender him.
-Our mission is reporting your delegation is &undecided8 on
its position. We believe the rollover of UNAMID,s mandate
should be clean and fairly technical, with a focus on
prioritizing the mission towards the protection of civilians
and the delivery of humanitarian assistance.

--The P5 needs to be unified when it comes to UN peacekeeping
resolutions. Our actions impact the international
credibility of the mission. We hope your government shares
our position that UN peacekeeping resolutions are not the
appropriate arena for trying to resolve ancillary political
issues.


FOR CHINA
-The P5 needs to be unified when it comes to UN peacekeeping
resolutions. Our actions impact the international
credibility of the mission. The rollover of UNAMID,s
mandate should be clean and fairly technical, with a focus on
prioritizing the mission towards the protection of civilians
and the delivery of humanitarian assistance.

-This is not the arena for politicking and advancing
ancillary political agendas. It is very disappointing to us
that some on the Council would seek to use the UNAMID
resolution as a proxy for forcing an inadvertent Council
position on invoking Article 16 of the Rome Statute of the
ICC. Please encourage Libya to withdraw this text.
CLINTON