Identifier
Created
Classification
Origin
05GENEVA2839
2005-11-18 11:12:00
CONFIDENTIAL
US Mission Geneva
Cable title:  

MDA: DISSUADING JAPAN FROM AMENDING THE PROTOCOL

Tags:  PREL KPAL IS ICRC MDA 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 GENEVA 002839 

SIPDIS

PRM FOR PDAS GREENE AND MCE, L FOR BELLINGER, NEA FOR
ISRAEL DESK, EAP FOR JAPAN DESK, BERN FOR SANDBERG

E.O. 12958: DECL: 08/30/2010
TAGS: PREL KPAL IS ICRC MDA
SUBJECT: MDA: DISSUADING JAPAN FROM AMENDING THE PROTOCOL

REF: STATE 206954

Classified By: DCM Lynn Cassel; reasons 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 GENEVA 002839

SIPDIS

PRM FOR PDAS GREENE AND MCE, L FOR BELLINGER, NEA FOR
ISRAEL DESK, EAP FOR JAPAN DESK, BERN FOR SANDBERG

E.O. 12958: DECL: 08/30/2010
TAGS: PREL KPAL IS ICRC MDA
SUBJECT: MDA: DISSUADING JAPAN FROM AMENDING THE PROTOCOL

REF: STATE 206954

Classified By: DCM Lynn Cassel; reasons 1.4 (b) and (d)


1. (C) Summary: Japan is contemplating proposing an amendment
to the current text of the additional third protocol (to
adopt a new emblem for the Red Cross movement.) This runs
counter to the strong U.S. desire not to re-open the draft.
While Japan's proposal itself is minor, it is quite possible
that word of any submission would embolden members of the
Organization of the Islamic Conference (OIC) who are
considering whether to push textual changes initially
proposed in 2000. Mission recommends that Department
instruct Embassy Tokyo to speak again with the Ministry of
Foreign Affairs focal point on human rights in the Global
Affairs Division. We could acknowledge Japan's concerns,
suggest some other ways those concerns could be addressed,
and ask at least that Japan not be the first to re-open the
text. End Summary.


2. (C) The Government of Japan may propose a minor textual
change to the draft additional third protocol (AP3),before
the Swiss government's November 27 deadline, according to
Japanese Mission officer Akiro Kato. The amendment concerns
article 6 of the protocol, on "prevention and repression of
misuse." The Japanese concern, which originates with their
Patent Office and was raised in 2000 and again earlier this
year, is that the Government of Japan not accept any
responsibility to prevent misuse of the new emblem (the red
crystal) before Japan ratifies the protocol. Their proposal,
apparently, would be to replace the language at the end of
article 6 (6),"before the adoption of this Protocol", with
language referring to the entry into force for a State Party.



3. (C) Mission Counselor Piper Campbell told Kato that no
other party had submitted proposed amendments to the Swiss
government (depositary of the Geneva Conventions.) We hoped
there would be no proposals before the November 27 deadline
for submission. The United States Government's goal was to
adopt AP3 unchanged from the text as negotiated in 2000 -
when near agreement was reached. It would be particularly
problematic from an "optics" viewpoint if the first proposed
amendment came from a government which has been traditionally
supportive of the AP3. The Swiss and others were making
significant efforts to improve the working relationship
between the Palestinian Red Crescent and the Magen David Adom
and we were hopeful this would improve the mood leading into
the conference. Campbell specifically asked Kato if Japan
could avoid being the first delegation to make an amendment.
If Arab or OIC states also were to propose changes and a
negotiating process was kicked off, a minor Japanese
amendment wouldn't have the same impact -- although the U.S.
goal would still be to move the text forward without
amendment.


4. (C) Kato told Campbell November 18 that he had reported
their conversation back to Tokyo. He still has no
instructions, he said, either on submitting a proposal or
monitoring whether other amendments come in. Kato assured
Campbell that Japan supported adoption of AP3 and anticipated
voting positively even if their language is not incorporated.

-------------- -
AN ALTERNATIVE WAY FOR JAPAN TO RAISE ITS CONCERN
-------------- ---



5. (U) If Washington concurs, it may be useful for Embassy
Tokyo to provide the following observations to Japan.

The U.S. previously had similar concerns to those now raised
by Japan. We dealt with those concerns in a reservation to
the First Geneva Convention of 1949. The U.S. reservation
stated:

"The United States in ratifying the Geneva Convention for the
amelioration of the condition of the wounded and sick in
armed forces in the field does so with the reservation that
irrespective of any provision or provisions in said
convention to the contrary, nothing contained therein shall
make unlawful, or obligate the United States of America to
make unlawful, any use or right of use within the United
States of America and its territories and possessions of the
Red Cross emblem, sign, insignia, or words as was lawful by
reason of domestic law and a use begun prior to January 5,
1905, provided such use by pre-1905 users does not extend to
the placing of the Red Cross emblem, sign, or insignia upon
aircraft, vessels, vehicles, buildings or other structures,
or upon the ground."

The purpose of this reservation was to exempt those uses of
the red cross that were already in effect on January 5, 1905
-- the day that legislation took effect establishing the
American Red Cross. If necessary, Japan could also deal with
its issue by way of a reservation to the Protocol
Moley