(C) GULF WAR MISSING: KUWAIT'S AGENDA FOR TSC

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 005611

SIPDIS

STATE FOR D, NEA/FO, NEA/ARP, NEA/NGA, IO/UNP
GENEVA FOR STONECIPHER
LONDON FOR GOLDRICH
PARIS FOR OFRIEL

E.O. 12958: DECL: 12/31/2012
TAGS: PREL KPOW IZ KU ICRC
SUBJECT: (C) GULF WAR MISSING: KUWAIT'S AGENDA FOR TSC
MEETINGS

REF: KUWAIT 5482

Classified By: (U) CDA FRANK URBANCIC; REASON 1.5 (B, D)


1. (C) SUMMARY AND INTRODUCTION: This message summarizes
Kuwait's agenda for the Technical Sub-Committee (TSC) of the
Tripartite Commission on Gulf War Missing and POWs (TPC).
Iraq, Kuwait and Saudi Arabia have agreed to meet in Amman on
January 8 under ICRC chairmanship, in accordance with the
temporary rule-suspension approved by the full TPC December
18 (reftel). The GOK has proposed (a) that the TSC meet at
least seven times before the next TPC meeting scheduled for
April 16, and that most of the meetings take place on the
border; (b) that all three countries be able to present cases
as per the quotas in effect before Iraq began boycotting the
TPC four years ago, namely: at any TSC meeting, Kuwait can
raise 24 cases, Iraq 10, and Saudi Arabia 6; and (c) that the
TSC be able to interview witnesses directly. ICRC is to

SIPDIS
inform the GOK within the next day or so of Iraq's response
to the above proposals. END SUMMARY AND INTRODUCTION.


2. (C) PolChief met December 31 with Rabea al-Adsani,
Director General of Kuwait's National Committee for Missing
and POW Affairs (NCMPA). Adsani summarized Kuwait's
proposals for the upcoming TSC meeting as above. He
explained that his government is keen to have the TSC meet as
often as possible before the next TPC meeting (at which time
the temporary rule-suspension will come up for renewal),so
as to maximize chances of making real progress towards
resolving some cases, at least those involving mortal
remains. While Iraq insisted that the first meeting be held
in Amman, Adsani said Kuwait hopes the GOI will agree to hold
subsequent meetings on the border; that could enable the TSC
to meet a dozen or more times before mid-April. ICRC Mideast
Director George Caminos is expected to chair the January 8
meeting; in accordance with past practice, the ICRC Delegates
stationed in Kuwait and Baghdad, Michel Meyer and Marcus
Dolder, are expected to take turns chairing subsequent TSC
meetings.


3. (C) Meetings at the border would also make it much easier
for the TSC to interview witnesses directly. Adsani said all
parties had agreed to this approach at the last TSC meeting
(before Iraq began boycotting the TPC four years ago),
because the existing approach was not working: ICRC would
take written questions and pose them to witnesses, then
report the answers, but without pursuing any leads that
emerged during the interviews.


4. (C) Adsani was confident that the Saudis would be able to
raise cases in the TSC, i.e. that they would not be limited
to observing the discussion between Iraq and Kuwait. He did
not waver when PolChief reminded him of the wording of the
temporary rule-suspension: "...to allow meetings between
Iraq and any other Tripartite Commission member to address
cases previously discussed in the Tripartite Commission in
the presence of a third Tripartite Commission member mutually
agreed between Iraq and the other party." (COMMENT: while
nothing precludes the TSC from being a real three-way
meeting, it will all depend on Iraq's willingness to engage
with both countries. END COMMENT.)


5. (C) According to Adsani, Kuwait told ICRC it supports the
USG's desire to hold TSC meetings with Iraq under the
temporary rule-suspension, and would like to be the third
party in those meetings if Iraq agrees. One reason for this,
he admitted, is that Kuwait has such a large number of cases
it would like to be able to raise some in those meetings as
well.


6. (C) Adsani mentioned the "parallel approach," in which
ICRC selected certain Kuwaiti cases unilaterally and raised
them with Iraq, and vice-versa. This was a creative attempt
to make progress during Iraq's boycott of the TPC, but after
three years it has produced no results. The GOK therefore
wants to be able to raise some of the parallel-approach cases
in the TSC. ICRC expressed reluctance for fear of breaching
the confidentiality of the parallel approach, but agreed to
put this proposal to the GOI after the GOK promised not to
mention that these files had been associated with the
parallel approach.


7. (C) UNSYG representative Yuli Vorontsov is expected to be
in Amman January 8-9, Adsani noted, and the Kuwaitis expect
to debrief him on the TSC meeting before he goes to Baghdad
(approx. January 17). They expect him to visit Kuwait
immediately after Iraq, approximately January 24-26.
Vorontsov is due to report to the UNSC in closed session
January 29, just two days after UNMOVIC reports to the
Council on Iraq's compliance with UNSCR 1441.


8. (C) COMMENT: We will of course endeavor to meet with
Vorontsov while he is here. We assess that the Kuwaiti
approach will enable the TSC to make as much progress as Iraq
allows, and will reveal clearly if the GOI drags its feet.
URBANCIC