Citation
DECONTROLLED/UNCLASSIFIED
AI 1 9
LIMITED OFFICIAL USE
RELEASED IN FULL
PAGE 01
ACTION L-01
USUN N 03089 271736Z
INFO LOG-00 AF-01
AID-01 AMAD-01 OASY-00 EUR-01 FDRE-01
H-01
TEDE-00 INR-00
10-16
JUSE-00 ADS-00 NEA-01
01C-02 PA-01
PM-00
P-01
SS-00
PMB-00 DRL-09
/037W
613243 271924Z /20
R 271720Z JUL 94
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC 7999
INFO AMEMBASSY PARIS
AMEMBASSY MOSCOW
AMEMBASSY THE HAGUE
AMEMBASSY BEIJING
AMEMBASSY LONDON
LIMITED OFFICIAL USE USUN NEW YORK 003089
E.0.12356: N/A
TAGS: TZ, UG, TS, KE, CG, NI, DJ
SUBJECT: RWANDA WAR CRIMES TRIBUNAL - RUSSIAN DEMARCHE
REF: STATE 198848
1. SUMMARY - RUSSIANS CONVENED A MEETING OF P-5 MISSION
LEGAL ADVISERS TO DISCUSS CREATION OF A RWANDA TRIBUNAL
FOR VIOLATIONS OF HUMANITARIAN LAW. THEY PROPOSED
CREATION, FOLLOWING THE YUGOSLAV MODEL, OF A SEPARATE
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 02
USUN N 03089 271736Z
TRIBUNAL, BASED IN THE HAGUE SO THAT STAFF AND
FACILITIES COULD BE SHARED. FRENCH AND U.S. MISOFFS
SUPPORTED ESTABLISHMENT OF A TRIBUNAL. CHINESE AND UK
LEGAL ADVISERS WILL SEEK INSTRUCTIONS. END SUMMARY.
2. RUSSIAN MISSION LEGAL ADVISER ORDZHONIKIDZE
REQUESTED A MEETING, JULY 26, OF COUNTERPARTS TO CONSULT
ON THE ESTABLISHMENT OF A WAR CRIMES TRIBUNAL FOR
RWANDA. READING FROM AN INSTRUCTION CABLE,
ORDZHONIKIDZE SAID THERE WAS A "POLITICAL URGENCY TO
PREPARE TO ACT IN THE SECURITY COUNCIL TO CREATE SUCH A
UNITED STATES DEPARTMENT OF STATE
REVIEWAUTHORITY:JOHNLMILLS
DATE/CASEID:17SEP2008 200103014
DECONTROLLED/UNCLASSIFIED
DECONTROLLED/UNCLASSIFIED
TRIBUNAL. HE SAID THEY ENVISIONED AN AD HOC TRIBUNAL
ESTABLISHED BY SC RESOLUTION. THE TRIBUNAL WOULD HAVE A
STATUTE SIMILAR TO THAT OF THE YUGOSLAV TRIBUNAL BUT
SEPARATE. IT WOULD ALSO HAVE SEPARATE JUDGES AND A
SEPARATE PROSECUTOR BUT COULD SHARE A "BEEFED UP" STAFF
AND REGISTRY WITH THE YUGOSLAV TRIBUNAL. THIS WOULD, IN
THEIR VIEW, HELP TO MINIMIZE FINANCIAL EXPENDITURES.
THE RUSSIANS SAID THAT THEIR PERM REP HAD RAISED THE
MATTER WITH THE UN SECRETARY GENERAL WHO WAS
ENTHUSIASTIC.
3. THE FRENCH
GOVERNMENT HAD
RUSSIANS. THEY
BUT ENVISIONED
MISSION AFRICAN EXPERT REPORTED THAT HER
BEEN THINKING ALONG THE SAME LINES AS THE
PREFERRED SEPARATE JUDGES AND STATUTE
SHARING FACILITIES AND PERSONNEL.
4. CLAIMING LACK OF INSTRUCTIONS, NEITHER THE CHINESE
NOR BRITISH TOOK A POSITION ON THE MATTER. THE UK
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 03
USUN N 03089 271736Z
MISSION LEGAL ADVISER DID POSE A SERIES OF QUESTIONS.
COULD THE SC STILL FIND A THREAT TO INTERNATIONAL PEACE
AND SECURITY IN RWANDA SUFFICIENT TO SUPPORT CHAPTER VII
ACTION? WHAT WOULD THE JURISDICTION BE? WHAT CRIMES
AND WHAT PERIOD OF TIME WOULD BE COVERED?
5. BASED ON REFTEL, U.S. LEGAL OFFICER CONFIRMED THAT
WE AGREED A RWANDA TRIBUNAL SHOULD BE ESTABLISHED AND
THAT IT SHOULD BE BASED IN THE HAGUE SO THAT RESOURCES
COULD BE SHARED. THE EXTENT TO WHICH FACILITIES AND
STAFF COULD BE SHARED WITH THE YUGOSLAV TRIBUNAL SHOULD
BE DISCUSSED IN GREATER DETAIL. THE U.S. HAD GIVEN THIS
MATTER A GREAT DEAL OF CONSIDERATION AND HAD SPECIFIC
IDEAS ON HOW AN EFFECTIVE OPERATION COULD BE SET UP TO
MAXIMIZE USE OF THE EXISTING STRUCTURE.
6. THE RUSSIANS SAID THEY HAD NOT DISCUSSED THIS
PROPOSAL IN DETAIL OUTSIDE THE P-5 BUT THOUGHT OTHER
COUNCIL MEMBERS WOULD BE FAVORABLY DISPOSED TO SETTING
UP A RWANDA TRIBUNAL. THEY ASKED THAT WE PROVIDE
FURTHER VIEWS AS SOON AS POSSIBLE. ALBRIGHT
LIMITED OFFICIAL USE
DECONTROLLED/UNCLASSIFIED
