ICC'S OCAMPO PRESSES HIS POLITICAL AGENDA

UNCLAS USUN NEW YORK 000565 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL KPKO SU AF SUBJECT: ICC'S OCAMPO PRESSES HIS POLITICAL AGENDA ¶1. (SBU) Summary: International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo claimed to Ambassador Rice on June 3 that the African Union (AU) realizes that Article 16 deferral of the Bashir case is not attainable and is looking for a face-saving way to let go of the issue. Ocampo suggested that a brief, positive statement from the Turkish presidency subsequent to his June 5 briefing could be helpful. Ambassador Rice said that USUN would check in with the Turkish Presidency. (The Turks later expressed to us little interest in any statement.) Ocampo also briefly discussed the internal political situation in Sudan and indicated that both the Justice and Equality Movement (JEM) and the Government of Sudan (GoS) seem to be hardening their positions even as they engage in dialogue with the U.S. Rice replied that the U.S. approach is results-oriented; we are not engaged in dialogue for the sake of dialogue with the government, and have presented tough messages to the JEM. Ocampo's Article 16 activism does not seem to us likely to gain critical mass among Security Council members. End Summary. Ocampo Pushes for Council Statement to Press -------------- ¶2. (SBU) In a June 6 meeting with Prosecutor Moreno-Ocampo and his chief of staff, Beatrice Le Fraper Du Helen, Ocampo asserted that the AU needed a face-saving exit strategy for Article 16 deferral. Ocampo said that many African countries had privately expressed that AU Chair Jean Ping made a mistake by publicly pursuing Article 16 deferral, but AU nations must support Ping. Ocampo suggested that the U.S. consider approaching the Turks and the Russians to gauge whether they would support an oral statement by the Presidency subsequent to his June 5 briefing. Ambassador Rice indicated that we would touch base with Turkish colleagues. Rice reiterated that the U.S. remains opposed to deferral. "Bashir Is Losing Power" -------------- ¶3. (SBU) Ocampo asserted that Bashir was quickly losing power and described a recent meeting in which the Minister of Defense, Abdel Rahim Mohammed Hussein, had given instructions to Bashir rather than vice versa. According to Ocampo, hardliners are consolidating their positions, and Bashir is merely a facade. Ocampo indicated that Hussein is in charge of Sudan policy concerning Chad, and that only the U.S. could pressure both the JEM and the GoS to pursue peace. Ocampo said that the GoS and JEM appear to him to be taking advantage of a U.S. desire for dialogue to harden their positions. Ambassador Rice replied that both parties see what they want to see. She said that while we are open to engagement and do not want to poison the atmosphere, the U.S. emphasis will be on tangible results obtained in Darfur and through implementation of the Comprehensive Peace Agreement. Rice also said that the U.S. has sent tough messages to the JEM. ¶4. (SBU) Subsequent to Ocampo's meeting with Ambassador Rice, poloff met with Turkish expert Timur Soylemez (protect) who stated that the idea of a Presidential oral statement to the press on Friday was originated by Ocampo. Soylemez stated that no other delegations have approached the Turkish delegation to request such a statement. Soylemez stated that his delegation would have a brief statement prepared in the event any delegations pressed for an oral statement to be made to the press. However, Soylemez stated that, at most, such a statement could consist of two sentences: "The Council met pursuant to UNSCR 1593 and engaged in discussions. The Council will continue to remain seized of this matter." ¶5. (SBU) Comment: Ocampo seems to be coming to New York with little to report on ICC developments but much to offer on possible Security Council initiatives. He does not seem to appreciate that Article 16 has fallen out of active Council consideration and that most, if not all, members are content to let well enough alone. End Comment. RICE