US embassy cable - 03THEHAGUE1858

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 001858 
 
SIPDIS 
 
DEPARTMENT FOR S/WCI - PROSPER/MILLER, USUN FOR ROSTOW, EUR 
- JONES, EUR/SCE - JONES/GREGORIAN, L/EUR - LAHNE, L/AF - 
GTAFT. INR/WCAD - SPRIGG 
 
E.O. 12958: DECL: 1.6 FIVE YEARS AFTER CLOSURE ICTY 
TAGS: BK, HR, KAWC, NL, PHUM, PREL, SR, ICTY, ICTR 
SUBJECT: ICTY: DEL PONTE PUSHES BACK;SEEKS MEETING WITH SG 
ANNAN 
 
 
1.  Classified by Clifton M. Johnson, Legal Counselor, Reason 
1.5(d) and 1.6. 
 
2. (C)  Summary.  Carla Del Ponte, Chief Prosecutor of the 
International Criminal Tribunal for the former Yugoslavia 
(ICTY), is seeking an urgent meeting with UN Secretary 
General Annan, perhaps as early as tomorrow,  to take a 
sounding of the extent of his support for her and to lobby 
for her position.  At her request, Senior Adviser Anton 
Nikiforov conveyed to the U.S. and other governments her 
request for greater involvement in the crafting of the 
Security Council resolution,s language relating to the 
completion strategy, defended her leadership of the ICTR, and 
pressed for more explicit language in the draft resolution 
that would give her a stronger basis for limiting future 
indictments.  End summary. 
 
3. (C) Office of the Prosecutor (OTP) Senior Adviser Anton 
Nikiforov requested a meeting with Embassy legal officers to 
convey a message from Chief Prosecutor Carla Del Ponte 
concerning the renewal of her mandate and a related security 
council resolution.  Nikiforov explained that he had been 
asked to brief representatives of various key capitals today, 
had already spoken to the UK and planned to meet with France 
shortly.   Nikiforov explained that there were three key 
issues in play:  the separation of the ICTY/ICTR prosecutor 
position into two positions, the extension of Del Ponte,s 
term for a "limited" period, and language from the Security 
Council in the form of either a Presidential Statement or 
resolution relating to the completion strategy.  Del Ponte 
opposed the first two initiatives, but supported the third. 
 
ICTY/ICTR Chief Prosecutor Position 
 
4. (C)  With respect to the creation of a separate ICTR 
prosecutor position, Nikiforov conveyed Del Ponte,s view 
that it was "not reasonable to take this step after ten 
years."  Del Ponte believes that the situation in the ICTR 
has stabilized, that the right people have been found to run 
the prosecutor,s office there (i.e. the new deputy 
prosecutor and chief of prosecutions), and that the new team 
has had visible results.  According to Nikiforov, Del Ponte 
recognizes that for many years the ICTR was adrift but that 
it is now "running smoothly" and there is good coordination 
among its various officials.  She said she was committed "at 
all costs" to finish investigations by 2004 and trials by 
2008.  If a change is made now, it will "create a new 
crisis."  Del Ponte believes that the new deputy and chief of 
prosecutions will leave if ICTY and ICTR functions are split. 
 
Del Ponte to Lobby in NY for Renewal 
 
5. (C)  Nikiforov advised that Del Ponte was seeking a 
meeting with Secretary General Annan tomorrow, July 23, in 
New York to discuss the full renewal of her mandate.  He and 
other OTP staffers had been tasked with preparing a paper 
that Del Ponte would present to Annan describing her various 
accomplishments in both the ICTY and ICTR.  Based on the 
signal she received from Annan, she might then seek meetings 
with various Security Council members to lobby for her 
renewal.  Nikiforov implied that Del Ponte would take her cue 
from Annan and that the degree to which she pressed back with 
respect to manner in which her mandate was renewed would be 
driven by her perception of his commitment to her.  (Note: 
We understand from other contacts that SG Annan,s Office is 
likely to reject this request and advise her not to travel to 
NY at this time.  End note). 
 
Completion Strategy 
 
6. (C)  In Del Ponte,s view, she "created the completion 
strategy."  She understands that draft security council 
language is circulating in New York and wants to be actively 
involved in formulating the language.  (Note.  Based on 
Nikiforov,s knowledge of various details, it appears that 
she has a copy of the U.S. proposed draft.  End note.) 
Nikforov confirmed that Del Ponte is receiving information 
about the negotiations through "secret" calls but said she 
would like to be approached openly for her views.  According 
to Nikforov, Del Ponte would like to see the language 
constraining new indictments of non-senior level officials 
moved from the preambular section to the operative section of 
the resolution. 
 
7. (C)  Nikiforov further advised that Del Ponte believes the 
proposed language is "too vague" and would like to see it as 
firm and explicit as possible.  Nikiforov explained that 
trial and investigative teams will be pressing her to approve 
new indictments and that she will be under pressure to 
forward them for confirmation.  Absent explicit language, 
this would "put the Prosecutor in a difficult situation." 
Pressed to explain what additional detail was desired, 
Nikiforov indicated that the term "leadership" was vague, 
though he also said that such terms were "more appropriately" 
defined by the judges than the Security Council.  Nikiforov 
further reported that in a one-on-one conversation between 
Del Ponte and ICTY President Meron, Meron had told Del Ponte 
that he would not forward any new indictments to judicial 
chambers for confirmation until the UNSC acted on the 
completion strategy.  (Note: Meron confirmed that such a 
meeting had occurred but characterized as "absolutely untrue" 
the statement attributed to him by Del Ponte.  He had instead 
said that if the Security Council acted to limit the scope of 
future indictments to senior leadership cases that he would 
only confirm such indictments.  End note).  Nikiforov summed 
up by saying that if the Security Council passed a detailed 
resolution with clear criteria on appropriate indictments, 
Del Ponte could say, "We did our best, we were ready to do 
more, but the Security Council has the authority and has made 
clear its view." 
 
Comment 
 
8.  (C) Nikiforov was placed in the unusual position of 
delivering Del Ponte,s views on "political" matters by the 
absence from the Hague of political adviser Jean-Daniel Ruch. 
 Nikiforov has been with the ICTY for a long time and is a 
knowledgeable and skilled professional committed to the 
Tribunal,s mission.  He delivered Del Ponte,s message 
strongly despite the mixed views he has previously expressed 
about her performance.  He noted in passing that Del Ponte 
had asked him to weigh in with Russia and that he had been 
"placed in a difficult position" by his government,s "strong 
support" for the U.S. and UK efforts in New York.  End 
comment. 
RUSSEL