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RELEASED IN PART
Bl, 1.4(B), 1.4(D)
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O 051740Z AUG 94
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC IMMEDIATE 8191
INFO AMEMBASSY BEIJING IMMEDIATE
AMEMBASSY KAMPALA IMMEDIATE
AMEMBASSY LONDON IMMEDIATE
AMEMBASSY PARIS IMMEDIATE
AMEMBASSY MOSCOW IMMEDIATE
CONFIDENTIALSECTION 01 OF 02 USUN NEW YORK 003237
KAMPALA PLS PASS TO ASST SECRETARY SHATTACK
E.0.12356: DECL:OADR
TAGS: RW, UK US, CH, RS, FR
SUBJECT: RWANDA WAR CRIMES
REF: STATE 202027
1.
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SUMMARY:
USUN
PRESENTED POINTS CONTAINED REFTEL TO
2.
LEGAL ADVISERS OF PERM FIVE (P-5) ON AUGUST 4. US
POSITION WAS STRONGLY SUPPORTED BY ORDZHONIKIDZE
(RUSSIA). LEGAL (FRANCE) GENERALLY SUPPORTED THE US
PROPOSAL. WOOD (UK) INDICATED THEY HAD NO FINAL
INSTRUCTIONS 1
ZHANG (CHINA) SAID THEY HAD NO INSTRUCTIONS. THE ISSUE
OF DETAINING SUSPECTED RWANDAN CRIMINALS RAISED A NUMBER
OF QUESTIONS. ALL PRESENT RECOGNIZED THE IMPORTANCE OF
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: ARCHIE M BOLSTER
CLASSIFICATION: CONFIDENTIAL REASON: 1.4(B), 1.4(0)
DECLASSIFY AI lER: 5 OCT 2015
DATE/CASE ID: 05 MAY 2011 201005065
UNCLASSIFIED
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ACTING QUICKLY TO APPREHEND SUSPECTED CRIMINALS BUT
INDICATED THAT THEY SAW A NUMBER OF POTENTIAL PROBLEMS
OF A TECHNICAL NATURE AT THE LEAST IN HAVING NON RWANDAN
ENTITIES DOING SO. END SUMMARY.
2. USUN HOSTED A MEETING OF THE P-5 MISSION LEGAL
ADVISERS AT THE USUN AND ADVISED THEM PER REFTEL OF US
SUPPORT FOR AN INTERNATIONAL TRIBUNAL TO PROSECUTE
VIOLATIONS OF THE GENOCIDE CONVENTION AND OTHER GRAVE
VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW IN RWANDA.
3. ORDZHONIKIDZE (RUSSIA) WELCOMED U.S. APPROACH. HE
SAID RUSSIA HAD BEEN LEANING TOWARDS SEPARATE STATUTE
FROM THE YUGOSLAV TRIBUNAL BUT WERE FLEXIBLE AND SAW
MERIT IN US APPROACH. HE SAID IT WAS IMPORTANT THE
RWANDAN TRIBUNAL IS CREATED AS SOON AS THE COMMISSION OF
EXPERTS FOR RWANDA FINISHES ITS REPORT.
4. THE RUSSIANS SUPPORTED SUCH A TRIBUNAL BECAUSE IT
WILL HELP ENCOURAGE POLITICAL RECONCILIATION IN RWANDA
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AND WILL SEND AN IMPORTANT SIGNAL ABOUT THE
INTERNATIONAL COMMUNITY'S INTENTION TO PUNISH THOSE WHO
COMMIT CRIMES OF GENOCIDE AND CRIMES AGAINST HUMANITY.
ON THE DETENTION ISSUE, ORDZHONIKIDZE SAID THEY
UNDERSTAND THE NEED TO ACT QUICKLY. HE WAS CONCERNED,
HOWEVER, ABOUT HOW TO DETERMINE WHOM TO DETAIN, AND HOW
TO DETERMINE WHO HAS AUTHORITY TO DETAIN SUSPECTS.
5. LEGAL (FRANCE) WAS GENERALLY SUPPORTIVE OF THE US
PROPOSAL. THEY HAS BEEN THINKING OF ESTABLISHING A
LEGALLY SEPARATE TRIBUNAL BUT WERE NOT NECESSARILY
OPPOSED TO THE US APPROACH.
6. LEGAL SAID FRANCE DOES NOT OPPOSE IN PRINCIPLE
DETAINING SUSPECTED WAR CRIMINALS. IT NEEDS TO KNOW
UNDER WHAT AUTHORITY THE DETENTION WOULD BE MADE AND,
ONCE DETAINED, WHO WOULD THEN OVERSEE THE DETENTION OF
THE SUSPECTS (I.E. DO THE FRENCH, WHEN THEY DEPART, HAND
THEM OVER TO THE CURRENT RWANDAN REGIME OR TAKE THEM
BACK TO FRANCE) HE FURTHER ASKED WHAT THE DETAINING
POWER WOULD DO IF THE RWANDAN GOVERNMENT ASKED FOR THE
DETAINEES TO BE TURNED OVER TO IT.
7.
ZHANG SAID CHINESE MISSION HAD NO INSTRUCTIONS AND
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COULD NOT PROVIDE ANY INSIGHT AS TO BEIJING'S LIKELY
POSITION. HE ALSO ASKED HOW THE P-5 WOULD RECOMMEND
HANDLING THE SITUATION IF IT ARISES YET A THIRD TIME_
8. WOOD (UKUN) AGREED THAT THOSE WHO COMMITTED THESE
CRIMES SHOULD BE PUNISHED,/
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HE SAID THE UK WOULD PREFER TO AWAIT THE REPORT OF THE
RECENTLY ESTABLISHED UN COMMISSION BEFORE REACHING A
FINAL DECISION ON HOW TO HANDLE THOSE ACCUSED OF
GENOCIDE AND WAR CRIMES.
9. WITH REGARD TO DETAINING PEOPLE AT THIS TIME THE UK
REP QUESTIONED WHO SHOULD BE DETAINED, UNDER WHAT
JURISDICTION THEY SHOULD BE DETAINED, ON THE BASIS OF
WHOSE INVESTIGATION SUSPECTS SHOULD BE DETAINED AND HOW
LONG DETAINEES COULD BE HELD. HE ALSO INDICATED THAT HE
DID NOT BELIEVE THE UN SHOULD BE AUTHORIZED TO DETAIN
PEOPLE.
10. USUN LEGAL ADVISER SAID OUR CURRENT THINKING WAS
THAT SC COULD AUTHORIZE DETENTION OF THOSE SUSPECTED OF
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0 051740Z AUG 94
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC IMMEDIATE 8192
INFO AMEMBASSY BEIJING IMMEDIATE
AMEMBASSY KAMPALA IMMEDIATE
AMEMBASSY LONDON IMMEDIATE
AMEMBASSY PARIS IMMEDIATE
AMEMBASSY MOSCOW IMMEDIATE
C O N F I D E N T I A L SECTION 02 OF 02 USUN NEW YORK 003237
KAMPALA PLS PASS TO ASST SECRETARY SHATTACK
E.0.12356: DECL:OADR
TAGS: RW, UK US, CH, RS, FR
SUBJECT: RWANDA WAR CRIMES
COMMITTING GENOCIDE OR OTHER CRIMES AGAINST HUMANITY
THAT WHILE SUCH PERSONS COULD NOT BE HELD INDEFINITELY
THEY COULD BE HELD FOR A REASONABLE TIME. SO FAR AS
ADJUSTING THE STATUE OF THE YUGOSLAV TRIBUNAL WAS
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CONCERNED, IT WOULD SEEM ADVISABLE TO COMMENCE WORK ON
THE MATTER SOONER RATHER THAN LATER AND CERTAINLY NOT
WAIT MONTHS FOR THE REPORT OF THE COMMISSION WHICH WE
ALL OUGHT IN ANY EVENT TO SEEK TO EXPEDITE. I
JOSUE LEGAL ADVISER NOTED ONGOING SITUATION WAS
NOT ENTIRELY ENCOURAGING AND THAT CREATING AN ACCEPTABLE
JUDICIAL SYSTEM IN RWANDA WAS NOT AS SIMPLE AS IT
SOUNDED AND POSSIBLY MORE COMPLEX AS WELL AS UNCERTAIN
THAN U.S. SUGGESTION.
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11. THE P-5 MISSION LEGAL ADVISERS AGREED TO REPORT THE
US PROPOSAL, SEEK EARLY INSTRUCTIONS AND TENTATIVELY TO
MEET AGAIN TO CONSIDER THESE ISSUES FURTHER AM TUESDAY
AUGUST 9TH, SUBJECT TO ANY REQUEST FOR EARLIER MEETING.
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