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{ ! POWNGRADE Ts + ( )Sor( je
ME MO N Ü
TO: Ambassador Albright
THROUGH : Ambassador Gnehnm
FROM: Ambassador Marrer Wf
SUBJECT: Rwanda : Bringing the Guilty to Justice
Issue for Decisio
Fr Decision
Whether you FéCommend that the Department ConsSider the
ing the
PoSsibility of a Security Council resolution expand
special Tapporteur assisted by human rights monitors. We are
now doing a lot, but we can do more.
HE AGEN
Hretili a
The HRC resolution called in response for the special
rapporteur, inter alia, to "compile systematically information
on possible violations of human rights and acts which may
constitute breaches of international humanitarian law and
crimes against humanity, including acts of genocide in Rwanda,
and to make this information available to the SYG."
Thus, the groundwork for gathering evidence has been laid.
Based on our contact with NGOs, it is clear that Rwandan and
international NGOs can name names and provide evidence.
What is missing is the means to try those believed
responsible for the horrible slaughters that continue to take
place. Most of them are alive and our sense of humanity should
demand that they be brought to justice.
I believe that a Security Council resolution expanding the
jurisdiction of the International Criminal Tribunal for the
Former Yugoslavia to include violations of international
humanitarian law committed in Rwanda during the conflict would
have several virtues.
First, it is the fastest way of taking international action
to punish the qguilty. The infrastructure for such an
undertaking, the International Tribunal, is now mostly in
place. Although there will be budgetary problems if its
mandate is increased, they can be resolved if the international
commitment exists to pursue the guilty in this case. A chief
prosecutor remains to be found, but this effort continues.
Capturing the guilty will also be difficult, as it has been in
the former Yugoslavia, but, as in that case, individual
perpetrators may be captured eventually. (Germany,
Switzerland, Denmark and Austria have apprehended alleged
violators from the former Yugoslavia.)
Second, making this bold proposal will address the
accusations made by some that the West is concerned only for
those who commit crimes in Europe. Some of these accusers read
racist motivations into our actions.
Third, such an initiative has a small chance of serving as
a deterrent to further massacres, or at least an inducement to
take the Arusha talks more seriously.
Fourth, the U.S. was criticized for delaying the Security
Council action on Rwanda while we raised the questions stemming
from PDD 25. Our initiative on the human rights violations may
undo some of the political damage from our earler action.
DOWNSIDE
Finding credible witnesses will be difficult.
Will this establish a precedent we would be reluctant to
follow in other cases, e.g., Somalia?
What effect, if any, does this proposal have on proposals
to establish an International Criminal Court?
In view of the positions we took at the Security Council,
“hich was regarded as having delayed action on the Rwanda
resolution, our initiating a proposal to pursue the guilty
night be viewed as disingenuous. .
FR «
L/USUN has doubts about the advisability of expanding the
mandate now, although they believe that it is technically
fensible. L also believes that the extra burden imposed on the
international Tribunal could interfere with fulfillment of its
arsénitial mandate. L thinks it is better to wait until the
_ Tribunal proves successful.
“##f POL agrees with the observations of L and also believes
that, since the International Tribunal has no concrete
achievenents in the Yugoslavia case, it would be compounding
failure to give it the additional mandate suggested in this
Remo. Es
ECOSOC recommends moving forward with proposing this
tive to the Department. POL does not agree, and L thinks
à 14 wait. Their arguments go to the merits of the issue,
1ch vould be considered in the context of the Department’s
reviev. We believe that at the very least the issue deserves
that ooasideration in Washington.
approve disapprove
7 CERCLE RUES
FANS Tu
LL
É Fe, ë, ES 3 4 8 4 2
OT US
decl: 12/31/94
draft: ECO:CKuehl
clear: ECO:JBlaney;Pol:LShestack;L:CWillson
cc AMB Inderfurth, Amb Gelber, REF, ECOSOC chron, HCHR file,
Kuehl chron
GC)
ADO LU
en
né
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