US embassy cable - 03THEHAGUE2779

C O N F I D E N T I A L THE HAGUE 002779 
 
SIPDIS 
 
E.O. 12958: DECL: 10/13/2010 
TAGS: PREL, PGOV, KAWC, CG 
SUBJECT: ICC: CHIEF PROSECUTOR ON COOPERATION; CONGO/ITURI 
INVESTIGATION 
 
REF: A. THE HAGUE 1806 
 
     B. THE HAGUE 1837 
 
Classified by Legal Counselor Clifton M. Johnson for reasons 
1.5(b) and (d). 
 
1.  (C) Summary: In a presentation to a regular monthly 
gathering of diplomats resident in The Hague on October 27, 
International Criminal Court (ICC) Chief Prosecutor Luis 
Moreno-Ocampo outlined his main objectives, largely repeating 
statements he has made since taking the job last spring. 
Ocampo also expressed his belief that the United States would 
prevent the United Nations Security Council from taking any 
steps to help the ICC investigate crimes committed in the 
Ituri region of the Democratic Republic of Congo (DRC), his 
first investigative interest.  End summary. 
 
2. (SBU) ICC Chief Prosecutor Ocampo did not stray from the 
views he and his staff have expressed since he joined the ICC 
(see reftels).  In his presentation on October 27, two 
familiar themes predominated: First, Ocampo emphasized his 
view that the ICC's principal function is to ensure that 
domestic criminal justice systems handle crimes within their 
jurisdictions.  He reiterated that the ICC should be seen as 
a success if national jurisdictions are preventing and 
prosecuting crimes.  Second, Ocampo made clear that the 
constraints on the ICC weigh heavily on his freedom of 
action, if not his independence.  Thus, while noting that &I 
am not a diplomat or a politician8 and will pursue cases 
that warrant ICC investigation, he also made clear that he 
depends on governments and other organizations to cooperate 
in his investigations.  Limited resources, to his mind, also 
mean that he must focus his investigative energies on the 
leadership tier of those responsible for the crimes within 
the ICC,s jurisdiction, leaving to national jurisdictions 
the responsibility to pursue lower level perpetrators. 
 
3. (SBU) Ocampo used the example of his first investigative 
interest ) Ituri, DRC ) to demonstrate how he sees the Rome 
Statute working.  He explained, as noted in ref B, that he 
received hundreds of communications related to alleged 
crimes, many of which (such as those involving Iraq) were 
outside his jurisdiction.  Serious allegations, however, 
arose from communications regarding Ituri.  While no state 
referred specific crimes to his office, as States Parties may 
do under the Rome Statute, Ocampo believed that the 
allegations were serious enough to warrant his office,s 
examination.  Moreover, he added, Ituri presents &a clear 
case8 where the national authority is &unable8 (as the 
Rome Statute provides) to prevent crimes, control its 
territory or prosecute offenses.  Indeed, Ocampo noted, the 
DRC welcomed ICC review, and he is hopeful that the DRC will 
eventually refer the Ituri situation to him for 
investigation.  Otherwise, he may launch an investigation on 
the basis of his own "proprio motu" powers under the Rome 
Statute).  Ocampo underscored that he still needs the support 
of states to enable him to conduct investigations.  He 
emphasized that he was looking for support from States 
Parties to the Rome States as well as international 
organizations, focusing his appeal on African states and 
organizations.  He is also interested in the actions of 
actors outside the DRC, such as financial backers of the 
armed groups who may be based in Europe.  He expressed his 
hope that such governments would investigate these financiers 
on their own. 
 
4. (C) During a Q-and-A session, Ocampo was asked whether he 
could obtain the cooperation of the UN Security Council in 
his investigations.  He replied that he had &no chance8 of 
securing support from the Security Council for assisting in 
ICC investigations because &the United States will veto8 
such efforts.  While he &respects the U.S. decision not to 
sign8 the Rome Statute and &understands the argument 
(against UN financial commitment) that the United States pays 
25 percent of the UN,s bills8, he said that &stopping the 
UN from helping (the ICC investigate crimes in Ituri) could 
do real damage8 to the ICC and the DRC.  "If the U.S. blocks 
the UN from helping the ICC (in the DRC)," he said, "it could 
cost lives."  While Ocampo did not elaborate on the kind of 
UN assistance he had in mind, he made clear that he would be 
looking for help from others, especially the African Union. 
 
5. (C) Comment: Ocampo has stuck with his message since 
assuming the post of ICC chief prosecutor, taking on a tone 
of an optimistic, pragmatic, and determined prosecutor. 
Recognizing his inability to obtain Security Council 
assistance for his investigations, he signaled his intent to 
pursue such help in other international fora.  End comment. 
SOBEL