At the time there was talk of the Security Council stalling the process by invoking article 16 of the Rome Statute. One of the cables suggests the British considered that article 16 was a 'card not to sell cheaply', but an option to remain on the table. One cable says 'Although HMG will not acknowledge it publicly, the
is doing every thing it can to remain flexible on the and to use Bashir's potential indictment as a lever to change the dynamic on the UK Darfurpolitical process and to spur CPA implementation.'
Here are the full texts of the cables:
VZCZCXRO5031OO RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR RUEHTRODE RUEHLO #1841 1931445ZNY CCCCC ZZHO 111445Z JUL 08FM AMEMBASSY
LONDONTO RUEHC/SECSTATE WASHDC IMMEDIATE 9175INFO RUCNFUR/DARFUR COLLECTIVE IMMEDIATERUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATERUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATERUEHKH/AMEMBASSY IMMEDIATE 0102 KHARTOUMRUCNDT/USMISSION USUN IMMEDIATE 1220 NEW YORK
C O N F I D E N T I A L
001841 LONDONSIPDISNOFORNDEPT FOR S/WCI, IO/FO, IO/PSC, AND AFE.O. 12958: DECL: 07/11/2018
TAGS: PREL KPKO UNSC SU
PREPARED TO REMAIN INITIALLY UKFLEXIBLE IN THE FACE OF NEW INDICTMENTS REF: USUN 617
Classified By: POLITICAL COUNSELOR RICHARD MILLS, REASONS 1.4 (B/D).
¶1. (C/NF) In the wake of yesterday's call by Chinese and Russian PermReps in
to suspend the investigations that may lead to the July 14 indictment of Sudanese President Bashir and other regime higher-ups, the Foreign Office has decided to remain flexible on its strong support for the . According to FCO Sudan Unit contacts, UKUN recommended a "defiant response" to the Chinese and Russian demands, in line with the New York 's core policy of supporting the . However, after a UKhastily called internal meeting this morning with FCO Permanent Under Secretary Peter Ricketts, FCO senior officials reportedly determined to send more "nuanced" instructions to their mission in New . While there is "no way the York will be on a forward footing," FCO contacts report HMG may be willing to be "flexible" if the Government of Sudan makes serious efforts to improve immediately the situation in UK Darfur. That said, top FCO Legal Advisor Daniel Bethlehem is reportedly "nervous" that there may be very little legal space for the to remain flexible for long. UK
officials plan to seek ministerial advice on UK-Sudan policy in light of the indictments on July 15 at a Cabinet-level meeting on UK Africa, after the Prosecutor announces the new indictments on July 14. Among officials, there is growing skepticism that a Bashir indictment will actually be an "apocalyptic event," even if it could cause drastic damage to the UK UK's current policy of engagement with Bashir's regime in . Khartoum
¶3. (SBU) In the interim, Foreign Secretary Miliband has approved the following press lines: -- The will continue to have our full support for its activities. -- Ending impunity is vital to a solution in
Darfur. That is why in March 2005, the UKsponsored UNSCR 1593 which referred Darfurto the . The Prosecutor has submitted an application for (insert names) to the judges. It would be premature to comment or speculate on the outcome of the deliberations. -- We call on the Government of Sudan to cooperate with the . The Foreign Secretary raised this with Sudanese President on July 9. Visit 's Classified Website:XXXXXXXXXXXX LeBaron London
DE RUEHLO #1862/01 1971606ZNY CCCCC ZZHP 151606Z JUL 08FM AMEMBASSY
LONDONTO RUEHC/SECSTATE WASHDC PRIORITY 9197INFO RUEHKH/AMEMBASSY PRIORITY 0105 KHARTOUMRUCNDT/USMISSION USUN PRIORITY 1225 NEW YORK
C O N F I D E N T I A L
001862 LONDONSIPDISNOFORNUSUN FOR JANA CHAPMAN-GATESE.O. 12958: DECL: 07/18/2018TAGS: PREL UNSC KPKO PHUM SU UKSUBJECT: SUDAN/: STRATEGY WITH POTENTIAL BASHIR UKINDICTMENTREF: 1841 LONDON
Classified By: Political Minister Counselor Richard Mills, reasons 1.4 (b/d).
¶1. (C/NF) Summary. Following Foreign Secretary Miliband's July 9 visit to
, Chief SudanProsecutor Luis Moreno-Ocampo's July 14 request for indictment of Sudanese President Omar al-Bashir,and Sudanese Foreign Minister Deng Alor's July 14 assurances to the that the GoS will "engage UKlegally" with the , a July 15 UKCabinet-level meeting approved a strategy to continue HMG's UKconstructive engagement with the GoS and press for progress on the Comprehensive Peace Agreement(CPA) and the Darfurpolitical process while also maintaining HMG credibility in support of the .Ministers said HMG should continue to press the GoS to cooperate with the while not taking anyoptions off the table and without espousing a hard-line approach in support of the . While thereis no current movement to pursue an Article 16 suspension of the 's investigation of Bashir, a"card not to sell cheaply," the wants that option to remain on the table. Although HMG will not UKacknowledge it publicly, the is doing every thing it can to remain flexible on the and to use UKBashir's potential indictment as a lever to change the dynamic on the Darfurpolitical process andto spur CPA implementation. End Summary.
Miliband and Alexander Outline the
's Policy --------------------------------------------- - UK
¶2. (C/NF) According to FCO contacts, Foreign Secretary David Miliband and Development Secretary Douglas Alexander outlined a
strategy to continue HMG's constructive engagement with GoS and press for progress on the CPA and the Darfur political process while maintaining the UK 's credibility during a Cabinet-level meeting on July 15. Ministers agreed HMG should continue to press the GoS to cooperate with the while not taking any options off the table and without UKadopting a hard-lined approach in support of the . There is no current movement to pursue an Article 16 suspension of the 's investigation of Bashir, a "card not to sell cheaply." Ministers said there would have to be significant movement on both CPA and Darfurto warrant a move on Article 16 and the should try "to use intelligently the political space created by the announcement," in concert with the UK and France. U.S.
¶3. (C/NF) Ministers also agreed that the CPA should be central to HMG policy and that Prime Minister Brown's offer to help in the
Darfurpolitical talks should remain on the table, but not be an active element of the 's policy. Supporting the newly appointed UN/AU Chief Mediator and encouraging civil society integration in the process will be the main focus of the UK 's policy for UK Darfur.
Sudanese Say They will Engage with the ------------------------------------------
¶4. (C/NF) In a July 14 meeting between Sudanese Foreign Minister Deng Alor and the
Ambassador to UK , Alor said the GoS Council of Ministers had met on July 13 to determine its response to Ocampo's request for indictment of Bashir. Alor said Bashir was "surprisingly calm" and that the Council agreed to engage legally with the ; to work for a rapid broad-based solution to the conflict in Sudan Darfur, including establishment of a Truth and Reconciliation Commission; and to work for a united position with other political parties to promote national reconciliation and help turn the indictment into something positive. At the meeting, First Vice President Salva Kiir reportedly agreed the SPLM would remain in the Government of National Unity and work with the NCP to address the crisis caused by the announcement. The two parties agreed to establish a joint crisis management committee, chaired by Kiir and to include Second Vice President Taha, Foreign Minister Deng Alor, and the Ministers of Justice and Information.
¶5. (C/NF) In the short-term, Alor told the
UKAmbassador that he would like to stop by and London Parison his way back from the July 16-17 Dakar Contact Group meeting in . In addition, the GoS plans to send government lawyers to the to engage the Court quietly but officially. (Note: Ocampo had previously told FCO legal advisors that Sudanese legal engagement could prolong the indictment process by months or even years. Since then, the FCO has been aggressively pushing the SenegalSudanese to engage the Court. End Note.) Other reporting indicates that the SPLM has been trying to engage the NCP on creation of a Roadmap on UK Darfurin consultation with other political parties and civil society.
The Foreign Secretary's Visit to
¶6. (C/NF) Foreign Secretary Miliband made a whirlwind trip of less than 24 hours to
on July 9, where he discussed the CPA, 2009 elections, Darfur, Sudan-Chad relations, and the 2011 referendum on South self-determination. His meetings included calls on President Bashir, Foreign Secretary Deng Alor, Senior President Advisor Nafie Ali Nafie, and National Security and Intelligence Director Salah al Gosh. 7. (C/NF) FCO contacts described Miliband's meeting with Bashir as "largely Sudanconstructive and cordial." Bashir made his usual refrains about the Sudanese not receiving the deliverables promised by the international community in return for signing the CPA (i.e. removal from the list of state sponsors of terrorism, etc.) and about the U.S. 's one-sided policy in support of UK Darfurrebels. Miliband underscored the need for political settlement of Darfurand stability in the South so that HMG could spend its time and resources on development rather than humanitarian assistance. On the CPA, Miliband welcomed the Assessment and Evaluation Commission's adoption of the mid-term report and emphasized the need to begin work on long-term issues like oil wealth-sharing. Both Bashir and Alor were reportedly positive about the progress on the Abyei Roadmap, but noted that there were still problems in deciding the top posts in the interim administration.
¶8. (C/NF) Miliband said the GoS should work with the newly appointed UN/AU Chief Mediator to bring about a new dynamic to the
Darfurpolitical talks, even though the rebels remained fragmented and hesitant to engage. He also highlighted the need to engage civil society and all Sudanese political parties in development of a common platform on Darfurin the run-up to the 2009 elections.
¶9. (C/NF) Miliband privately raised the with Bashir in a one-on-one meeting to communicate the urgency for the GoS to engage the , encouraging Bashir not turn his back on the international community.
¶10. (C/NF) As an architect of the and one of its most staunch supporters, HMG is in a difficult position over the 's potential indictment of Bashir, which it sees as unhelpful. Although there is no clear end-game in mind, HMG seems happy to walk the fine line of pushing GoS engagement with the while also looking to make Bashir's potential indictment the element that changes the dynamics on
Darfurand encourages CPA implementation. HMG's public message on the will likelyremain supportive, while the will likely pursue a more flexible policy at the UN and in its dialogue with UK . Visit Khartoum 's Classified Website: XXXXXXXXXXXX TUTTLE London