AUSTRIA OPPOSES AN ARTICLE 16 DEFERRAL WITHOUT

UNCLAS VIENNA 000193 SIPDIS E.O. 12958: N/A TAGS: PREL PHUM UNSC SU XA XW AU SUBJECT: AUSTRIA OPPOSES AN ARTICLE 16 DEFERRAL WITHOUT SIGNIFICANT IMPROVEMENTS IN THE SITUATION IN SUDAN REF: A. STATE 12900 B. USUN 141 ¶1. Poloff conveyed the information in ref A to Georg Diwald, MFA Deputy Director of the Department for International Organisations. Diwald told Poloff that, in consideration of Austria's commitment to the rule of law and against impunity, Austria would respect the independence of the International Criminal Court and treat any Article 16 deferral request "with reserve." Although Austria would listen respectfully to such a request, Austria would only consider a deferral if the GOS had made positive contributions towards alleviating the humanitarian in Sudan and the Darfur region, with the ultimate goal of achieving peace and justice. On this issue Austria felt Sudan still had "a long way to go." ¶2. In response to a query by Poloff, Diwald said Austria had made its opinion on an Article 16 deferral clear during the debate in the UNSC with representatives from the Arab League and the AU (ref B),and in a bi-lateral meeting of these representatives with PermRep Thomas Mayr-Harting. Diwald also added that Mayr-Harting, serving in his capacity as Chairman of the UNSC sanctions committee on Sudan, is in close contact with the Sudan PermRep, particularly given the problem in obtaining a visa for one sanctions committee member. In these meetings, Mayr-Harting has been "quite clear" in making Austria's position known to his Sudan counterpart. YAP