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Viewing cable 09STATE123216, GUIDANCE: DECEMBER 3 UNSC DEBATE ON ICTR/ICTY

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Reference ID Created Released Classification Origin
09STATE123216 2009-12-02 00:15 2011-08-24 00:00 UNCLASSIFIED Secretary of State
VZCZCXYZ0006
OO RUEHWEB

DE RUEHC #3216 3360019
ZNR UUUUU ZZH
O P 020015Z DEC 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0000
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0000
UNCLAS STATE 123216 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC XA ZF ZL RW
SUBJECT: GUIDANCE: DECEMBER 3 UNSC DEBATE ON ICTR/ICTY 
 
1. (U) The Department requests that USUN draw on the points 
in paragraph 2 for use during the Security Council's December 
3 debate on the Completion Strategies for the International 
Criminal Tribunal for the Former Yugoslavia and Rwanda (ICTY 
and ICTR). 
 
2. (U) Begin points: 
 
-- The United States commends the Prosecutors and Presidents 
for their work to bring perpetrators of some of the world's 
most heinous crimes to justice and we thank them for their 
assessments.  We also wish to highlight the important work 
that tribunals' judges and staff are doing and thank them for 
their continued dedication to justice, especially as they 
prepare for the closure of the ICTY and ICTR. We recognize 
that an efficient closure that continues to support victims 
and ensures that they receive a measure of justice for these 
crimes requires difficult, dedicated work.  We note our 
appreciation for the efforts of ICTR President Byron and ICTY 
President Robinson. We would also like to recognize the 
important work of Prosecutors Serge Brammertz and Hassan 
Jallow and Registrars Dieng and Hocking. 
 
-- The United States reiterates the importance of creating a 
residual mechanism to manage the necessary functions of the 
Tribunals after completion of pending trials and appeals.  We 
thank the Secretary General for his report on the 
administrative and budgetary aspects of a residual mechanism. 
 This report will help decision makers to develop an 
effective, cost-efficient mechanism.  We urge both tribunals 
to continue to strive to complete their work at the earliest 
possible date, and we thank the Security Council Working 
Group, chaired by Austria, for its efforts to address and 
resolve residual issues. 
 
-- The Tribunals were established to identify those 
responsible for some of history's worst crimes and to hold 
those individuals accountable.  We cannot lose sight of the 
historic importance of this task, and we must work toward 
establishing residual mechanisms that do not allow the 13 
outstanding ICTY and ICTR fugitives to escape justice. It is 
essential that the individuals indicted by the ICTY and ICTR 
who remain at large are apprehended and brought to justice 
without further delay.  We call on all States to fulfill 
their legal obligations to cooperate with the Tribunals and 
call on all States to take the necessary steps to ensure the 
apprehension of the remaining fugitives. 
 
-- The United States wishes to highlight the need to 
reinforce efforts to bring ICTR fugitive Felicien Kabuga to 
face international justice.  We note with concern that the 
Government of Kenya has not responded to the ICTR's requests 
for certain government records relating to Kabuga's assets 
and has not provided details to support the claim that Kabuga 
has left Kenya.  The United States urges Kenya to act 
immediately on the Tribunal's recommendations and to take 
effective steps to deny Kabuga access to his networks of 
support. 
 
-- The United States acknowledges Rwanda's desire to receive 
transferred cases from the ICTR, and commends the 
Prosecutor's support for that effort, as well as the Rwandan 
government's and others' work to build capacity in the 
Rwandan legal system to make such transfers possible. Rwanda 
has made significant progress in reforming its judicial 
sector and we welcome the recent transfer of eight 
individuals convicted by the Special Court of Sierra Leone to 
Mpanga prison in Rwanda last month. This achievement 
highlights Rwanda's growing capacity and commitment to meet 
international standards.  The ability of the ICTR to transfer 
cases to Rwanda and other states as appropriate is an 
important and critical step towards meeting the Tribunal's 
completion strategy. 
 
-- The United States commends States' efforts to cooperate 
with the ICTY, but critical steps remain to be taken.  All 
states must fully cooperate with the ICTY; Ratko Mladic and 
Goran Hadzic must be arrested and transferred to the ICTY to 
face justice. Cooperation with the ICTY remains a fundamental 
obligation for all states in the region.  We commend the 
Government of Serbia for its improved cooperation, and we 
urge the government of Serbia to continue to do everything in 
its power to locate, arrest, and transfer Ratko Mladic to the 
ICTY.  The arrests of Mladic and Hadzic are important for the 
successful completion of the ICTY's mandate and for Serbia's 
full Euro-Atlantic integration.  In terms of cooperation by 
the Croatian authorities, we note that Croatia has engaged in 
extensive efforts to respond to the Trial Chamber's order of 
September 2008 to deliver or engage in a credible 
investigation into the fate of the requested artillery 
documentation from Operation Storm.  In our judgment those 
efforts have been conducted in good faith, and we believe 
that the Government of Croatia's latest investigation, which 
is continuing, is credible and represents a significant step 
forward in Croatia's cooperation with the ICTY.  At the same 
time, we encourage the Croatian authorities to explore 
additional measures, such as using outside expertise and 
engaging in more aggressive investigative techniques, that 
might aid in the recovery of additional documents.  We remain 
concerned about the political situation in Bosnia and 
Herzegovina and the divisive rhetoric that continues to be 
used by political leaders there.  We note the critically 
important work that international prosecutors and judges are 
doing in Bosnia.  International judges and prosecutors have 
worked tirelessly to bring justice to the victims, regardless 
of ethnicity. 
 
-- We again thank the Presidents, Prosecutors, Registrars, 
and their staffs for their work.  We recognize that the work 
of the tribunals remains critically important to the fight 
against impunity. 
 
End points. 
CLINTON