Cablegate: Chissano to Un: Kony Won't Go to Icc; to U.S.: Try

VZCZCXYZ0000
PP RUEHWEB

DE RUCNDT #1203/01 3582139
ZNR UUUUU ZZH
P 232139Z DEC 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 5597
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHKM/AMEMBASSY KAMPALA PRIORITY 0358
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 1336
RUEHKI/AMEMBASSY KINSHASA PRIORITY 1675

UNCLAS USUN NEW YORK 001203

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KPKO CG UG SU XA
SUBJECT: CHISSANO TO UN: KONY WON'T GO TO ICC; TO U.S.: TRY
HIM IN UGANDA

1. (SBU) SUMMARY: The UN Security Council issued a
Presidential Statement on December 22 condemning the Lord's
Resistance Army (LRA) attacks and LRA rebel leader Joseph
Kony's failure to sign the Final Peace Agreement. Special
Envoy Chissano told the Council on December 17 that Kony
would "rather die" than surrender to the ICC. Chissano said
the Ugandan people prefer that the Kony case be handled
domestically and suggested the Council should take this view
into account. The U.S. welcomed regional efforts and
described U.S. assistance to improve development and foster
reconciliation. In private, Chissano lobbied the U.S. to
push for Kony to be tried in Uganda. END SUMMARY.

PRST CONDEMNS KONY AND LRA, COMMENDS REGIONAL EFFORTS

2. (SBU) The UK drafted a Presidential Statement (PRST)
condemning the Lord's Resistance Army (LRA) atrocities and
Kony's failure to sign the Final Peace Agreement (FPA), which
if implemented would disarm and demobilize the LRA. The PRST
also commends regional efforts (meaning Uganda, DRC, and
Sudan) to address the security threat posed by the LRA. The
PRST also acknowledges International Criminal Court (ICC)
indictments against LRA leaders and calls for an end to
impunity. The consensus document (S/2008/PRST/48) was
adopted on December 22.

CHISSANO BRIEFS COUNCIL; KONY WOULD RATHER "DIE" THAN GO TO
ICC

3. (SBU) On December 17, Former Mozambique President and
Great Lakes Special Envoy Joachim Chissano briefed the
Council on the failed negotiations with the LRA and its
leader, Joseph Kony. Chissano said, since Kony failed to
sign the FPA in late November, force was now needed to comply
him to sign. He briefed on the joint military operations,
saying Ugandan airstrikes hit LRA camps in the (DRC) and now
mop-up operations were being conducted by Ugandan forces with
support from the DRC army and the Southern Sudan army.
Chissano said Kony told him "I would rather die than
surrender to the ICC." Chissano said LRA members may scatter
when confronted by force to "save their own skin." He said
the Ugandan people wanted Kony tried domestically and
suggested their wishes be considered by the Council.

CHISSANO'S FIVE RECOMMENDATIONS FOR THE GREAT LAKES REGION

4. (SBU) The Special Envoy spelled out five recommendations
for the LRA problem. First, the door should be kept open for
Kony to sign the FPA, in case he changes his mind. Second,
if the LRA does assemble to disarm, the region will need
international help in repatriating families and children.
Third, the international community must support regional
initiatives and efforts to pressure Kony not to return to
hostilities. Fourth, the military action against the LRA
must root out all negative forces, as a half-hearted mission
will only compound the problem of the LRA. Finally, he said
the elements of the FPA that do not involve Kony must be
implemented to reintroduce peace and development, and funds
must be available to support northern Uganda's recovery.
Chissano said Kony must come to "the signing table, not the
negotiating table," as the time for negotiations has past.

U.S.-LRA IS REGIONAL THREAT AND CAN HAVE NO SAFE HAVEN

5. (SBU) Ambassador DiCarlo told the Council there must be no
safe haven for Kony and the LRA, since the LRA continued to
destabilize the region. She welcomed the regional efforts to
address the LRA. She said the international community must
foster reconciliation in northern Uganda, and noted the U.S.
financial assistance for the Ugandan Government's Peace,
Recovery, and Development Plan.

MOST OF COUNCIL SUPPORT REGIONAL EFFORTS

6. (SBU) Russia, France, the UK, Croatia, China, Libya, and
Belgium supported regional efforts to bring Kony back to the
signing table. South Africa condemned Kony's failure to show
at the FPA signing ceremony, and urged the LRA to release all
women, children, and non-combatants. Burkina Faso was
encouraged by the regional cooperation of Uganda, South
Sudan, and the DRC. Costa Rica stressed the need to minimize
the humanitarian impact of any military operation.

CHISSANO TELLS U.S. KONY SHOULD BE TRIED IN UGANDA

7. (SBU) Chissano, in a private meeting with Ambassador
DiCarlo on December 17, said Kony should be tried in Uganda,
in order to unify northern and southern Uganda and offer some
closure to this chapter of Ugandan history. A Ugandan trial
would also allow Kony's victims the right to face Kony and
seek reparations, Chissano said. Chissano also said Kony
might be able to secure fair treatment for his multiple wives
and children if he turns himself in to domestic authorities.
He said the ICC should only be used when the country in
question is incapable of holding a fair trial, which he did
not think was not the case in Uganda. (NOTE: UKUN poloff told
USUN poloff on December 18 the UK is determined to have Kony
tried by the ICC. END NOTE.) He thought the Security Council
should suspend the ICC indictments for one year to remove
Kony's final excuse for not signing the FPA, since Kony
believes he will be sent straight to The Hague if he comes
out of the bush.

Khalilzad

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