Citation
UNCLASSIFIED
CONFIDENTIAL
AI20
RELEASED IN FULL
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ACTION SS-00
USUN N 02491 01 OF 02 160036Z
INFO LOG-00 OASY-00 ADS-00
/000W
526914 1600362 /38
0 152353Z JUN 94
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC IMMEDIATE 7116
INFO USMISSION GENEVA
CONFIDENTIALSECTION 01 OF 02 USUN NEW YORK 002491
EXDIS
DECAPTIONED
DEPARTMENT FOR A/S MOOSE, BENNET, SHATTUCK
DEPT PLEASE PASS TO NSC FOR HALPERIN
E.0.12356: DECL 12/31/99
TAGS: PHUM, SC, UNHRC -1, RW
SUBJECT: RWANDA: BRINGING THE GUILTY TO JUSTICE
REF: L PRESS GUIDANCE ON RWANDA 6/10/94
1.
CONFIDENTIAL - ENTIRE TEXT.
2. USUN RECOMMENDS THAT THE DEPARTMENT EXAMINE WHETHER
THE USG SHOULD PROPOSE UN ACTION TO PROSECUTE PERSONS
CHARGED WITH ACTS OF GENOCIDE AND OTHER BREACHES OF
INTERNATIONAL HUMANITARIAN LAW IN RWANDA. PROPOSALS TO
THIS EFFECT HAVE BEEN MADE BY SOME MEMBERS OF CONGRESS
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USUN N 02491 01 OF 02 160036Z
AND MANY NGOS. USUN ANTICIPATES THAT OTHER COUNTRIES
WILL LAUNCH THIS HUMAN RIGHTS INITIATIVE AS THEIRS.
INDEED, SPAIN HAS CIRCULATED JUNE 10 A DRAFT RESOLUTION
(FAXED TO IO/UNP AND REPORTED SEPTEL) CALLING FOR THE
ESTABLISHMENT OF A COMMISSION OF EXPERTS TO GATHER
EVIDENCE RELATED TO BREACHES OF THE GENOCIDE CONVENTION
AND OTHER VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
IN RWANDA. SEE PARA 9 FOR ACTION REQUEST.
3. REF PRESS GUIDANCE STATES THAT THE USG HAS "EVERY
REASON TO BELIEVE THAT ACTS OF GENOCIDE HAVE OCCURRED IN
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: JOHN L MILLS
DATE/CASE ID: 17 SEP 2008 200103014
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RWANDA." IN VIEW OF THIS CONCERN, USUN BELIEVES THE USG
SHOULD EXAMINE WHETHER TO URGE UN ACTION TO GATHER
EVIDENCE AGAINST AND PROSECUTE INDIVIDUALS GUILTY OF
ACTS OF GENOCIDE AND OTHER BREACHES OF INTERNATIONAL
HUMANITARIAN LAW IN RWANDA.
GATHERING EVIDENCE
4. KEY TO ANY SUCCESS WILL BE GATHERING INFORMATION
THAT CAN BE USED IN SUBSEQUENT PROSECUTIONS. INITIAL UN
EFFORTS ARE ALREADY UNDERWAY. THE SYG THROUGH UNAMIR
WILL NO DOUBT BE ABLE TO FURNISH MORE SPECIFIC EVIDENCE
IN THE FUTURE THAN HAS APPEARED SO FAR IN HIS FORMAL
REPORTS TO THE SC. THE SPECIAL RAPPORTEUR OF THE UN
COMMISSION ON HUMAN RIGHTS IS SPECIFICALLY MANDATED TO
RECEIVE INFORMATION ON, INTER ALIA, "RESPONSIBILITIES
FOR THE RECENT ATROCITIES." THE SPECIAL RAPPORTEUR WILL
ALSO "GATHER AND COMPILE SYSTEMATICALLY INFORMATION" ON
SUCH VIOLATIONS AND MAKE THIS INFORMATION AVAILABLE TO
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USUN N 02491 01 OF 02 160036Z
THE SYG. HE WILL BE ASSISTED BY A TEAM OF HUMAN RIGHTS
FIELD OFFICERS.
5. USUN BELIEVES THE USG CAN PROVIDE IMPORTANT
LOGISTICAL ASSISTANCE TO THE EFFORTS OF THE UN. WE
RECALL SPECIFICALLY THE ASSISTANCE PROVIDED TO THE UN BY
THE USG IN COMPILING INFORMATION ON SPECIFIC ALLEGED
VIOLATORS OF HUMANITARIAN LAW IN THE FORMER YUGOSLAVIA.
SHOULD THE USG CONSIDER SUCH AN EFFORT FOR RWANDA?
PROSECUTION
6. IN THE EVENT THE DEPARTMENT DECIDES TO PROCEED WITH
CONSIDERATION OF THE POLICY ISSUE SUGGESTED HERE, THE
REVIEW SHOULD WEIGH THE RELATIVE MERITS OF THREE
APPROACHES WHICH HAVE BEEN MENTIONED IN THE GENERAL
DISCUSSIONS AND COMMENTARY WE HAVE HEARD ON THE MATTER.
A) ESTABLISHMENT OF AN INTERNATIONAL TRIBUNAL FOR
RWANDA:
PRO:
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THIS OPTION WOULD FOLLOW A KNOWN PROCEDURE, I.E., THE
INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA;
CON:
THIS OPTION WOULD BE TIME-CONSUMING AND INVOLVE
CONSIDERABLE EXPENDITURE OF RESOURCES, BECAUSE A NEW
COURT WOULD HAVE TO BE ESTABLISHED, STAFF ASSEMBLED, AND
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PROSECUTORS NAMED.
B) EXPANSION OF THE COMPETENCE OF THE INTERNATIONAL
TRIBUNAL FOR THE FORMER YUGOSLAVIA (ITFY) TO INCLUDE THE
SITUATION IN RWANDA:
PRO:
THIS MAY BE THE MOST EXPEDITIOUS WAY OF MOVING ON THIS
ISSUE;
THE COURT AND ITS PROCEDURES ARE WELL ON THEIR WAY TO
BEING ESTABLISHED; ADDITIONAL PERSONNEL AND FUNDS COULD
FIT INTO THE EXISTING STRUCTURE;
IT MAY BE EASIER TO CAPTURE AND HOLD FOR TRIAL ACCUSED
CRIMINALS FROM RWANDA, SINCE MANY GUILTY MILITIA LEADERS
WILL MOST LIKELY BE ON THE LOSING SIDE IF THE CURRENT
MOMENTUM CONTINUES (WHEREAS BOSNIAN SERBS, FOR EXAMPLE,
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ACTION SS-00
USUN N 02491 02 OF 02 160036Z
UNCLASSIFIED
UNCLASSIFIED
INFO LOG-00 OASY-00 ADS-00
/000W
52691B 160036Z /38
O 152353Z JUN 94
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC IMMEDIATE 7117
INFO USMISSION GENEVA
C O N F I D E N T I A L SECTION 02 OF 02 USUN NEW YORK 002491
EXDIS
DEPARTMENT FOR A/S MOOSE, BENNET, SHATTUCK
DEPT PLEASE PASS TO NSC FOR HALPERIN
E.0.12356: DECL 12/31/99
TAGS: PHUM, SC, UNHRC -1, RW
SUBJECT: RWANDA: BRINGING THE GUILTY TO JUSTICE
TEND TO BE PROTECTED IN THEIR TERRITORY, OR EVEN IN
SERBIA ITSELF);
MOVING QUICKLY MAY HAVE A SMALL DETERRENT EFFECT IN
RWANDA;
ACTING SPEEDILY
WILL HELP BLUNT CRITICISM OF EARLIER USG
RELUCTANCE TO RECOGNIZE THAT ACTS OF GENOCIDE HAVE TAKEN
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PLACE;
USUN N 02491 02 OF 02 160036Z
CON:
THE ITFY HAS YET TO PROVE ITSELF ABLE TO FULFILL ITS
ORIGINAL MANDATE; SADDLING IT WITH AN ADDITIONAL MANDATE
COULD INTERFERE WITH ITS ORIGINAL MANDATE;
EXPANDING THE MANDATE QUICKLY MAY ESTABLISH A PRECEDENT
WE WOULD NOT WISH TO SEE FOLLOWED ELSEWHERE. (THE
CHINESE HAVE ALREADY SIGNALLED TO THE SC THAT THE ITFY
SHOULD NOT BE CONSIDERED AS A PRECEDENT);
WE SHOULD WAIT UNTIL THE ITFY IS FUNCTIONING AND HAS
PROVED SUCCESSFUL BEFORE PLACING MORE RESPONSIBILITIES
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ON IT;
THE AFRICANS MAY PERCEIVE THAT, BY COUPLING RWANDA WITH
THE FORMER YUGOSLAVIA, WE ARE IN FACT RELEGATING THEM TO
C) ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT
(COMPETENCE NOT LIMITED TO RWANDA)
PRO:
THIS OPTION COULD SERVE THE INTERNATIONAL COMMUNITY BEST
IN THE LONG RUN;
CON:
THIS OPTION WILL TAKE YEARS TO BRING TO REALITY. (THE
INTERNATIONAL LAW COMMISSION IS CURRENTLY WORKING ON THE
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TECHNICAL LEGAL PROBLEMS INVOLVED, AND WIDESPREAD
ACCEPTANCE BY THE INTERNATIONAL COMMUNITY IS NOT YET
CERTAIN.)
7. COMMENT: IN PROPOSING THAT THE RWANDA JUSTICE ISSUE
BE CONSIDERED AND OFFERING SOME OPTION, USUN DOES NOT
WISH TO PREJUDGE THE OUTCOME OF THE REVIEW. WE MERELY
URGE THAT IF THE DEPARTMENT CONCLUDES THAT THE IDEA HAS
MERIT, IT SHOULD UNDERTAKE THE NECESSARY ASSESSMENT AND
PROVIDE APPROPRIATE GUIDANCE SO THAT WE NOT BE
FORECLOSED OUT OF THE OPTION OF THE U.S. TAKING THE
INITIATIVE ON THE ISSUE BY ANOTHER DELEGATION DOING SO
FIRST. HOWEVER THE DEPARTMENT DECIDES TO MOVE ON THIS
ISSUE, WE WISH TO STRESS THAT AS MUCH AS WE BELIEVE THAT
THE GUILTY IN RWANDA SHOULD BE BROUGHT TO JUSTICE, THE
MEANS CHOSEN TO DO SO SHOULD NOT HAMPER THE EXISTING
YUGOSLAVIA TRIBUNAL. THIS SUGGESTS, FOR EXAMPLE, THAT
ANY CONSIDERATION OF EXPANSION OF THE EXISTING TRIBUNAL,
IF IN THE FINAL ANALYSIS IT IS DETERMINED THAT THIS IS
THE PREFERRED OPTION, MUST ENSURE THAT ADEQUATE FUNDING
AND STAFF ARE MADE AVAILABLE TO ENABLE THE TRIBUNAL TO
CARRY OUT ITS NEW MANDATE.
8. USUN IS REPORTING SEPARATELY ON SC DISCUSSIONS JUNE
14 ON THE SPANISH DRAFT RESOLUTION REQUESTING THE
ESTABLISHMENT OF AN COMMISSION OF EXPERTS TO GATHER
EVIDENCE IN THE CASE OF RWANDA. AS THE DEPARTMENT IS
AWARE, THIS PROPOSAL IS SEPARATE FROM ANY EVENTUAL UN
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ACTION ON ESTABLISHING A MECHANISM FOR TRYING THE
ACCUSED. THE QUESTION OF WHAT TO DO WITH THE RWANDAN
CULPRITS HAS ALREADY BEEN BROUGHT UP BY SEVERAL
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DELEGATIONS, HOWEVER.
9. ACTION REQUESTED: FIRST, USUN WOULD APPRECIATE
GUIDANCE ON WHETHER AND HOW WE SHOULD ADDRESS THIS ISSUE
FURTHER. SECOND, WE REQUEST CONSIDERATION OF GUIDANCE
ON HOW TO RESPOND IN THE EVENT ANOTHER DELEGATION TAKES
THE LEAD IN PROPOSING RWANDA CRIMES PROSECUTION ALONG
THE LINES OUTLINED HERE. THIRD, WE SEEK GUIDANCE ON THE
ALBRIGHT
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