US embassy cable - 05DARESSALAAM206

C O N F I D E N T I A L DAR ES SALAAM 000206 
 
SIPDIS 
 
DEPT FOR IO, AF/RSA, AND AF/E 
 
E.O. 12958:  DECL:  2/1/15 
TAGS: PREL, PHUM, KPKO, ETTC, ETRD, SU, TZ 
SUBJECT:  TANZANIANS CAUTIOUS ON AU-UN SUDAN TRIBUNAL 
 
REF:  STATE 18243 
 
Classified by Charge d'Affaires Michael S. Owen for reasons 
1.4 (b) and (d). 
 
1.  (U)  Charge met on February 1 with Ambassador Liberata 
Mulamula, the Foreign Ministry Director for Multilateral 
Affairs, to deliver reftel demarche on Sudan action in the 
UN Security Council.  Charge provided Mulamula with copies 
of reftel paragraphs 7 and 8 talking points and concept 
paper, and reviewed both documents in detail. 
 
2.  (C)  Mulamula said Tanzania would in principle be 
"delighted" to host a Sudan tribunal in Arusha, noting that 
substantial infrastructure was already in place because of 
the ICTR's long residence, and that there was already 
considerable concern about the negative economic 
ramifications of the ICTR's departure after 2008.  Such a 
tribunal would be "very welcome" in Arusha, she emphasized. 
That said, however, the GOT would only support such a 
tribunal if there was a solid consensus for its creation 
among AU and UNSC member states.  It would be "unseemly", 
she said, for Tanzania to take the lead in advocating such 
a tribunal because Tanzania stood to benefit economically 
from its presence. 
 
3.  (C)  Mulamula further emphasized that the GOT remains a 
firm advocate of the International Criminal Court, and 
would not do anything to "undermine the credibility and 
jurisdiction" of the ICC.  Noting that the GOT had always 
been a strong supporter of the ICC (as further evidenced by 
the GOT's refusal to consider an Article 98 agreement), 
Mulamula said the GOT is concerned that creation of an AU 
Sudan tribunal could weaken the stature of the ICC, and 
establish a bad precedent.  She acknowledged Charge's 
argument of the importance of building the AU's capacity to 
address war crimes issues, but said the GOT would be 
reluctant to push for an AU tribunal unless there was a 
clear favorable consensus among other AU states, and on the 
UNSC. 
 
4.  (C)  The GOT warmly welcomed the Commission of 
Inquiry's report, Mulamula said, and is fully supportive of 
a strong peacekeeping force in Sudan.  Tanzania has an 
"open mind" on the composition and deployment of the force, 
as well as its relationship to the AU force in Darfur, she 
said, and the GOT is prepared to listen to views of others 
before making a decision.  The GOT strongly favors 
sanctions against those identified as having committed 
human rights violations, although she noted that 
"guerrillas in the bush" may be little fazed by sanctions. 
 
5.  (C)  Comment:  If a consensus forms around creation of 
an AU Sudan tribunal, then Tanzania will not oppose, but it 
is clear that, given the GOT's strong identification with 
the ICC, Tanzania will not be out front on this issue.  On 
supporting the Commission of Inquiry, sanctions, and 
Peacekeeping Forces, the GOT is still forming its opinions, 
but we would appear to have many areas of agreement.  End 
comment. 
 
OWEN