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
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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"
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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