UN: COUNCIL REVIEWS SUDAN LETTER OF PROTEST

C O N F I D E N T I A L SECTION 01 OF 02 USUN NEW YORK 002600

JOINT STAFF FOR DIR, DIR-J3, DIR-J5
SECDEF FOR PK/HA, ISA, AFR
NSC FOR JWILSON AND LHAWLEY

E.O.12958: DECL: 8/24/08
TAGS: PREL UNSC SU
SUBJECT: UN: COUNCIL REVIEWS SUDAN LETTER OF PROTEST
ABOUT U.S. ATTACK

REF: A) STATE 154714 B) STATE 154715

CLASSIFIED BY MARK MINTON, POLITICAL COUNSELOR;
REASON: 1.5 (B) AND (D).


1. (C) ON AUGUST 24, COUNCIL PRESIDENT TURK (SLOVENIA)
NOTED RECEIPT OF A LETTER FROM SUDANESE MINISTER FOR
EXTERNAL AFFAIRS RORIC CONDEMNING THE AUGUST 20
DESTRUCTION OF THE EL-SHIFA PHARMACEUTICAL FACTORY BY
U.S. MISSILES (REF A). AMBASSADOR BURLEIGH EXPLAINED
TO COUNCIL MEMBERS THE JUSTIFICATIONS UNDERLYING
AMERICAN USE OF FORCE AGAINST THE SUDANESE FACILITY
(SEE PARA 2 - TEXT OF BURLEIGH STATEMENT). BAHRAIN
PERMREP BUALLAY CONDEMNED ALL ACTS OF INTERNATIONAL
TERRORISM, INCLUDING THE RECENT BOMBINGS IN NAIROBI AND
DAR ES SALAAM, SAYING SUCH COWARDLY AGGRESSION ONLY
SERVED TO UNDERMINE PREVIOUSLY ACHIEVED SOCIAL AND
ECONOMIC PROGRESS AS WELL AS CAUSE NEEDLESS SUFFERING
AMONG INNOCENT CIVILIANS. BUALLAY NOTED THAT SINCE ALL
THE DETAILS OF THE AUGUST 20 ATTACK ON THE SUDANESE
FACTORY WERE NOT KNOWN, THE COUNCIL SHOULD SEEK
ADDITIONAL TIME FOR REFLECTION AND FURTHER STUDY BEFORE
ADVOCATING SPECIFIC ACTION. BUALLAY ALSO CALLED FOR AN
INTERNATIONAL CONFERENCE TO COORDINATE POLICY AGAINST
TERRORISM. THERE WERE NO OTHER COMMENTS FROM COUNCIL
MEMBERS.


2. (C) TEXT OF STATEMENT BY AMBASSADOR BURLEIGH CONCERNING
U.S. ACTIONS ON AUGUST 20:

BEGIN TEXT.

MR. PRESIDENT, I THINK BY NOW ALL MEMBERS OF THE
COUNCIL HAVE READ THE LETTER WE ASKED TO HAVE
CIRCULATED IN ACCORDANCE WITH ARTICLE 51 OF THE UN
CHARTER REPORTING THAT WE HAVE EXERCISED OUR RIGHT OF
SELF DEFENSE IN RESPONDING TO TERRORIST ATTACKS AND
CONTINUING THREATS AGAINST OUR EMBASSIES AND CITIZENS
AROUND THE WORLD.

AS A FRIEND AND COLLEAGUE, I JUST WANTED TO ELABORATE A
LITTLE MORE INFORMALLY ABOUT WHAT HAPPENED LAST FRIDAY,
SO YOU ALL CAN HEAR IT FROM US, FIRST HAND, AND NOT
FROM SOME OTHER SOURCE.

THE PRESIDENT DECIDED TO LAUNCH THESE STRIKES BASED ON
CREDIBLE AND COMPELLING EVIDENCE, ACCUMULATED OVER A
PERIOD OF SEVERAL YEARS, THAT THE TARGETED FACILITIES,
AND THE INDIVIDUALS AND ORGANIZATIONS ASSOCIATED WITH
THEM, POSED A DIRECT AND IMMEDIATE THREAT TO THE
SECURITY OF U.S. CITIZENS.

THE THREE TERRORIST BASES AT KHOST, AFGHANISTAN
PROVIDED A REFUGE FOR TERRORISTS AND WAS A CENTER FOR
THEIR FUNDING, TRAINING AND TRAVEL.

IN ADDITION TO THE AUGUST 7 BOMBINGS OF OUR EMBASSIES
IN KENYA AND TANZANIA, WE HAVE GOOD EVIDENCE OF AT
LEAST 18 OTHER SPECIFIC ACTS OF TERROR AND VIOLENCE
PLANNED OR CARRIED OUT IN ASSOCIATION WITH THE SITES WE
HAVE JUST TARGETED.

THESE ACTS RANGE FROM THE ASSASSINATION ATTEMPT ON
PRESIDENT MUBARAK; THE MACHINE GUNNING OF MORE THAN 60
INNOCENT EUROPEAN TOURISTS AND EGYPTIANS IN LUXOR; A
CAR BOMB AGAINST THE EGYPTIAN EMBASSY IN PAKISTAN THAT
KILLED MORE THAN 20 EGYPTIANS AND PAKISTANIS;
CONSPIRACY TO KILL U.S. SERVICEMEN IN YEMEN, EN ROUTE
TO "OPERATION RESTORE HOPE;" PLOTS TO BLOW UP SIX U.S.
AIRLINERS IN THE PACIFIC AND TO KILL THE POPE; ATTACKS
ON UN PEACEKEEPERS IN SOMALIA; ATTACKS ON U.S. AND
SAUDI TRAINING FACILITIES, AND ON AND ON.

BIN LADIN'S NETWORK HAS PUBLICLY AND REPEATEDLY
PRONOUNCED A CLEAR AND VIOLENT ANTI-U.S. AGENDA,
RANGING FROM HIS "DECLARATION OF WAR" AGAINST THE
UNITED STATES IN AUGUST 1996 TO HIS THREATS OVER THE
WEEKEND, CLAIMING HE WILL CAUSE "THOUSANDS OF DEATHS."

ON THURSDAY, PRESIDENT CLINTON LAID OUT FOUR REASONS
WHY HE ORDERED THIS ACTION:

-- (1) WE HAVE CONVINCING EVIDENCE THESE GROUPS PLAYED
THE KEY ROLE IN THE EMBASSY BOMBINGS IN KENYA AND
TANZANIA;

-- (2) THESE GROUPS HAVE EXECUTED TERRORIST ATTACKS
AGAINST AMERICANS IN THE PAST;

-- (3) WE HAVE COMPELLING INFORMATION THEY WERE
PLANNING MORE ATTACKS ON OUR CITIZENS AND OTHERS, WITH
THE INEVITABLE COLLATERAL CASUALTIES WE SAW SO
TRAGICALLY IN AFRICA; AND

-- (4) WE HAD URGENT INFORMATION THAT THEY WERE ABOUT
TO ACQUIRE CHEMICAL WEAPONS.

ON THIS LATTER POINT, LET ME EXPLAIN THAT WE WERE
PARTICULARLY DISTURBED BY STRONG EVIDENCE INDICATING
THAT A SITE OUTSIDE OF KHARTOUM -- IN ASSOCIATION WITH
THE USAMA BIN LADEN NETWORK -- WAS INVOLVED IN AN
EFFORT TO PRODUCE THE DEADLY NERVE AGENT VX. OUR
INTELLIGENCE OVER THE PAST FEW MONTHS HAS INDICATED
THAT THE BIN LADEN NETWORK HAS BEEN ACTIVELY SEEKING TO
ACQUIRE CHEMICAL WEAPONS FOR USE AGAINST UNITED STATES
INTERESTS. BIN LADEN HAS EXTENSIVE TIES TO THE
SUDANESE GOVERNMENT AND ITS INDUSTRIAL SECTOR.

WE ARE CONFIDENT THE TARGETED SUDANESE FACILITY WAS
INVOLVED IN THE PRODUCTION OF CHEMICAL WEAPONS AGENTS.
ONE CAN ONLY IMAGINE THE HORROR THESE TERRORISTS WOULD
HAVE INFLICTED IF THEY HAD BEEN ALLOWED TO PRODUCE AND
EVENTUALLY USE VX -- A SUBSTANCE MUCH MORE POWERFUL AND
DEADLY THAN THAT USED IN THE TOKYO SUBWAY ATTACKS.

LET ME ALSO STRESS, MR. PRESIDENT, THAT WE DID NOT MAKE
THE DECISION TO USE FORCE LIGHTLY. OUR FIRST
PREFERENCE, AS IN OTHER SUCH CASES, WOULD HAVE BEEN TO
BRING THE TERRORISTS TO JUSTICE IN A COMPETENT COURT OF
LAW, AND TO SHUT DOWN THEIR FACILITIES AND TURN THEM
OVER TO MORE LEGITIMATE USES.

WE TRIED TO DO THIS THROUGH CONTACTS WITH RELEVANT
LOCAL AUTHORITIES IN AFGHANISTAN AND SUDAN. AMBASSADOR
RICHARDSON PERSONALLY RAISED THIS MATTER WITH TALIBAN
LEADERS IN KABUL. ONLY AFTER WE EXHAUSTED DIPLOMATIC
EFFORTS -- AND AFTER IT BECAME CLEAR THAT WE FACED NEW
ATTACKS AGAINST US AND OTHERS -- DID WE HAVE TO ACT.

I WOULD ALSO LIKE TO REMIND COUNCIL MEMBERS OF A UN
DECLARATION ON TERRORISM, ADOPTED BY CONSENSUS DURING
THE 49TH GENERAL ASSEMBLY IN 1994. ARTICLE 5 OF THAT
DOCUMENT DECLARES THAT STATES MUST FULFIL THEIR
OBLIGATIONS WITH RESPECT TO INTERNATIONAL TERRORISM,
AND GOES ON TO LIST WHAT THOSE OBLIGATIONS ARE:

-- "TO REFRAIN FROM ORGANIZING, INSTIGATING,
FACILITATING, FINANCING, ENCOURAGING OR TOLERATING
TERRORIST ACTIVITIES AND TO TAKE APPROPRIATE PRACTICAL
MEASURES TO ENSURE THAT THEIR RESPECTIVE TERRITORIES
ARE NOT USED FOR TERRORIST INSTALLATIONS OR TRAINING
CAMPS."

IN CONCLUSION, I WOULD LIKE TO REITERATE THAT ALL
STATES HAVE AN OBLIGATION TO PREVENT TERRORISTS FROM
USING THEIR TERRITORY OR FACILITIES TO PLAN AND COMMIT
ACTS OF TERROR. IN ADDITION TO THE DECLARATION CITED,
THERE ARE 11 INTERNATIONAL TERRORISM CONVENTIONS THAT
PROHIBIT THIS.

STATES THAT FAIL TO UPHOLD THEIR OBLIGATIONS TO PREVENT
TERRORISM SHOULD RECOGNIZE THAT WE ARE PREPARED TO TAKE
THE ACTIONS NECESSARY TO DEFEND OURSELVES.

END TEXT.

RICHARDSON