Citation
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UNCLASSIFIED AI4
RELEASED IN FULL
CONFIDENTIAL
PAGE 01 USUN N 04636 2901092
ACTION DRL-09
INFO LOG-00 AF-0O1 AMAD-01 ARA-01 CIAE-00 SMEC-00 OASY-00
ANHR-01 EAP-01 EUR-01 OIGO-01 TEDE-00 INR-00 10-16
ADS-00 NEA-01 NSAE-00 OIC-02 OIG-04 SR-00 SA-01
PRM-10 /050w
829F8C 2901102 /38
Oo 2901072 OCT 94
FM USMISSION USUN NEW YORK
TO AMEMBASSY KIGALI IMMEDIATE
SECSTATE WASHDC IMMEDIATE 0203
INFO SECDEF WASHDC
USCINCEUR VAIHINGEN GE
AMEMBASSY NAIROBI
WHITEHOUSE WASHDC
AMEMBASSY BRUSSELS
AMEMBASSY DAR ES SALAAM
AMEMBASSY KINSHASA
AMEMBASSY BUJUMBURA
AMEMBASSY KAMPALA
UN SECURITY COUNCIL COLLECTIVE
AMEMBASSY ADDIS ABABA
USMISSION GENEVA
JOINT STAFF WASHDC
CONFIDENT I AL USUN NEW YORK 004636
DEPT FOR G - AJOYCE; L ~- MMATHESON; AF - A/S MOOSE
WHITEHOUSE PASS TO NSC FOR RICE AND STEINBERG;
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CONFIDENTIAL
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JOINT STAFF FOR CHAIRMAN, DIR JS, J3;
SECDEF FOR OSD/ISA
E.0.12356: DECL:OADR
TAGS: PHUM, PREL, PREF, AORC, RW, UN
SUBJECT: RWANDAN CONCERNS ABOUT TRIBUNAL
1. (CONFIDENTIAL - ENTIRE TEXT.)
2. DURING SC INFORMALS ON 28 OCTOBER RWANDAN PERMREP
MANZI BAKURAMUTSA REITERATED THE SAME CONCERNS THAT THE
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: JOHN L MILLS
DATE/CASE ID: 17 SEP 2008 200103014 UNCLASSIFIED
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UNCLASSIFIED
CO-SPONSORS OF THE DRAFT RESOLUTION ESTABLISHING AN
INTERNATIONAL TRIBUNAL (US, NZ, UK AND FRANCE) HAVE BEEN
DISCUSSING WITH THE RWANDANS FOR SEVERAL WEEKS. ‘THE
RWANDAN PROBLEMS ARE: (1) THE BEGINNING DATE SHOULD BE
EARLIER; (2) ARTICLE 4 SHOULD BE DELETED SINCE IT WILL
DISTRACT THE ATTENTION OF THE TRIBUNAL FROM THE MAIN
ISSUE OF GENOCIDE; (3) THE GOR SHOULD BE CONSULTED IN
THE SELECTION OF JUDGES; (4) THE PUNISHMENTS METED OUT
BY THE TRIBUNAL WILL NOT BE EQUIVALENT TO THOSE OF THE
NATIONAL COURTS; (5) IMPRISONMENT MUST BE ONLY IN
RWANDA; (6) THE TRIBUNAL MUST BE LOCATED IN RWANDA; (7)
THE NUMBER OF JUDGES AND CHAMBERS IS TOO SMALL TO HANDLE
THE VOLUME. COMMENT: ONLY THE LAST ITEM HAS ANY
VALIDITY AT THIS STAGE. THE OTHER ITEMS HAVE BEEN
DISCUSSED AT GREAT LENGTH, AND AS MANY CONCESSIONS HAVE
BEEN MADE TO THE RWANDAN VIEW AS FEASIBLE. END COMMENT.
3. THE MAJORITY OF COUNCIL MEMBERS, INCLUDING THE U.S. ,
RUSSIA, UK, FRANCE AND NEW ZEALAND, POINTED OUT TO THE
RWANDANS THAT THE TRIBUNAL HAD TO BE AN INTERNATIONAL
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BODY WITH INTERNATIONAL JURISDICTION, AND THAT IT COULD
NOT BE UNDER THE CONTROL OF THE GOR. THE UNPRECEDENTED
NATURE AND LEVEL OF THE CRIMES COMMITTED WOULD MAKE IT
DIFFICULT FOR THE INTERNATIONAL COMMUNITY TO UNDERSTAND
Ir THE SC DID NOT REACT BY ESTABLISHING A TRIBUNAL.
U.S. DPR GNEHM POINTED OUT THAT THE RWANDANS' APPARENT
LACK OF FAITH IN THE IMPARTIALITY OF THE INTERNATIONAL
COMMUNITY COULD LEAD TO AN INTERNATIONAL REACTION
AGAINST THEM.
4. NIGERIAN AMB GAMBARI APPEALED TO THE RWANDAN
AMBASSADOR TO RECOGNIZE THAT IT IS TO RWANDA'S BENEFIT
TO RETAIN THE INTERNATIONAL CHARACTER OF THE TRIBUNAL.
CHINA AND BRAZIL WERE THE ONLY SC MEMBERS WHO ADVOCATED
THAT THE VIEWS OF RWANDA SHOULD BE TAKEN INTO ACCOUNT.
5. SC PRESIDENT HANNAY PLANS TO HOLD FURTHER INFORMAL
CONSULTATIONS ON MONDAY, 31 OCTOBER, FOLLOWED BY A
FORMAL MEETING, IF THE SITUATION PERMITS. HE SAID IT
WOULD BE UP TO THE CO-SPONSORS WHETHER TO CALL FOR A
VOTE.
6. KIGALI MINIMIZE CONSIDERED.
UNCLASSIFIED
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ALBRIGHT
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