ARTICLE 98 AND AFGHANISTAN DEPLOYMENT:

C O N F I D E N T I A L ROME 004238

SIPDIS

E.O. 12958: DECL: 08/30/2012
TAGS: EU IT MOPS PGOV PHUM PREL KICC AFGHANISTAN
SUBJECT: ARTICLE 98 AND AFGHANISTAN DEPLOYMENT:
BERLUSCONI'S TOP ADVISER REPEATS ASSURANCES

REF: A. ROME 4212
CONFIDENTIAL

PAGE 02 ROME 04238 301624Z

B. SECSTATE 164042

CLASSIFIED BY: CHARGE D'AFFAIRES A.I. EMIL M. SKODON, REASON: 1.5 (B) A
ND (D)


1. (C) CHARGE FOLLOWED UP ARTICLE 98 DEMARCHE (REFS) IN HIS
INITIAL CALL ON PRIME (AND FOREIGN) MINISTER BERLUSCONI'S
DIPLOMATIC ADVISER, GIANNI CASTELLANETA, AUGUST 30.
CASTELLANETA EXPRESSED APPRECIATION FOR THE INFORMATION
ALREADY PROVIDED, FROM WHICH HE HAD DRAWN IN WORKING OUT THE
GOI'S APPROACH WITH THE MFA'S LEGAL ADVISER. HE REAFFIRMED
THE GOI VIEW THAT THERE SHOULD BE NO ACTION TAKEN AT THE AUG.
30-31 GYMNICH MEETING THAT WOULD PREJUDGE THE EU'S DECISION.
HE DESCRIBED IN DETAIL THE PERSONAL EFFORT AT COORDINATION
WITH THE UK THAT HE HAD MADE WITH THE UK EMBASSY IN ROME.


2. (C) CASTELLANETA NOTED THAT THE MFA'S LEGAL ADVISERS HAD
IDENTIFIED ONE POTENTIAL PROBLEM WITH THE DRAFT BILATERAL
AGREEMENT PROVIDED TO THE GOI: THE APPLICATION OF THE
AGREEMENT TO AMERICAN CITIZENS NOT ACTING IN AN OFFICIAL
CAPACITY. CHARGE NOTED THAT THE USG DID NOT BELIEVE THERE
WAS ANY OBSTACLE IN THE STATUTE OF ROME TO INCLUDING ALL
CITIZENS OF A COUNTRY IN SUCH AN AGREEMENT, AND WASHINGTON
WOULD STRONGLY PREFER THAT ANY AGREEMENT NOT BE SO LIMITED.
CASTELLANETA SAID THE GOI WAS CONCERNED THAT THERE BE NO
BARRIER FOR EXTRADITION IN A CASE SUCH AS THAT OF JOHN WALKER
LINDH, THE US CITIZEN WHO FOUGHT WITH THE TALIBAN.


3. (C) CASTELLANETA POINTED US TO THAT MORNING'S ISSUE OF IL
FOGLIO, THE INFLUENTIAL DAILY. HE SAID THAT HE HAD BRIEFED
EDITOR GIULIO FERRARA EXTENSIVELY ON THE GOI'S APPROACH TO
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PAGE 03 ROME 04238 301624Z
ARTICLE 98, AND THAT THE FRONT-PAGE ARTICLE "IS OUR
POSITION." (NOTE: THE ARTICLE WAS THE MOST POSITIVE
PRESENTATION OF THE ARTICLE 98 ISSUE WE HAVE YET SEEN IN THE
ITALIAN PRESS. IT SAYS ITALY WILL DEFINITELY SIGN AN
AGREEMENT WITH THE US, THOUGH IT IS IN NO HURRY. IT WANTS
FIRST TO EXPLORE THE POSSIBILITY OF A COOPERATIVE EU-US
APPROACH TO THE SUBJECT, AND IS ACTIVELY COORDINATING WITH
LIKE-MINDED MEMBERS, WHICH ARE LISTED AS THE UK, PORTUGAL,
SPAIN AND THE NETHERLANDS. EMBASSY WILL FORWARD TRANSLATION
OF ARTICLE SHORTLY.)

OPERATION ENDURING FREEDOM


4. (C) THE CHARGE NOTED THE DEEP RESPECT THE US HAD FOR THE
COMBAT CAPABILITY OF THE ITALIAN ARMY'S ALPINI UNIT, AND
ALERTED CASTELLANETA THAT A FORMAL REQUEST WOULD SOON BE
FORTHCOMING FOR A SIGNIFICANT NUMBER OF "ALPINI-LIKE" TROOPS
TO BE DEPLOYED TO OEF. AS CASTELLANETA WAS AWARE, CENTCOM
AND ITALIAN MILITARY OFFICIALS HAD WORKED OUT A MUTUALLY
ACCEPTABLE DEFINITION OF THE MISSION AND DEPLOYMENT
TIMEFRAME. CASTELLANETA AFFIRMED THAT PM BERLUSCONI WOULD
INFORM THE PARLIAMENT WHEN IT RESUMES WORK IN SEPTEMBER OF
THE INTENTION TO DEPLOY, BUT WOULD NOT NEED TO SEEK THE
PARLIAMENT'S AUTHORIZATION.
SKODON

CONFIDENTIAL

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2002ROME04238 - Classification: CONFIDENTIAL