US embassy cable - 05VATICAN443

C O N F I D E N T I A L VATICAN 000443 
 
SIPDIS 
 
 
DEPT FOR EUR/WE LEVIN; AF/SPG SMALL; AF/E; AF/RSA 
 
E.O. 12958: DECL: (####) 
TAGS: KIRF, PHUM, PREL, SU, VT 
SUBJECT: SUDAN: VATICAN HESITANT ON AU-UN TRIBUNAL 
 
REF: STATE 21439 
 
 
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Summary 
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1.  (C)  Holy See Country Director for Sudan Monsignor Lucio 
Sembrano told us February 10 that the Holy See was optimistic 
regarding Darfur, but hesitant about the proposed African Union 
(AU) - UN Sudan Tribunal.  He maintained that the International 
Criminal Court (ICC) would be the most effective means to bring 
war criminals to justice and increase stability in the region. 
End summary. 
 
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Sudan Tribunal not the Answer 
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2.  (SBU)  Holy See Country Director for Sudan Monsignor Lucio 
Sembrano told PolChief February 10 that, in light of the 
Comprehensive Peace Agreement and other recent developments, the 
Holy See was optimistic regarding Darfur, but cautioned that the 
international community needed to step up its engagement to 
bring about an effective solution to the current crisis. 
 
3.  (C)  Regarding the U.S proposal for an African Union (AU) - 
UN Tribunal for Sudan (reftel), Sembrano was hesitant.  He cited 
what he regards as the "100 percent negative results" of the 
International Criminal Tribunal for Rwanda as an example of the 
shortcomings of "special courts."  Thus, the idea that an AU-UN 
court would share existing infrastructure with the Rwanda 
Tribunal did not sooth his worries.   The international 
community should "learn from experience" on Rwanda, Sembrano 
concluded. 
 
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ICC a Better Option 
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4. (C) Sembrano acknowledged the U.S. opposition to using the 
ICC in this case, but said he nevertheless regards it as the 
better option for war criminals in Darfur.  He hoped the U.S. 
would reconsider its position on the ICC in an instance such as 
this, where it could be effective, even while it maintained its 
broader opposition to the court.  To the extent that any court 
would need to rely on cooperation from the Sudanese government, 
Sembrano foresaw challenges.  "The day they start handing over 
Muslims for war crimes, I'll embrace Islam," the Catholic priest 
quipped.  The government, he continued, "closes both eyes and 
allows [the offenders] impunity."  The most important thing at 
this point, Sembrano concluded, is for the international 
community to be united in confronting the violence and bringing 
about justice. 
 
5.  (SBU) We passed Sembrano reftel points on the Tribunal and 
the proposed peacekeeping operation for Darfur, emphasizing the 
benefits of the USG proposal.  He thanked the U.S. for its 
"tireless" efforts for peace in Sudan. 
 
HARDT 
 
 
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 2005VATICA00443 - Classification: CONFIDENTIAL