28TH MEETING OF THE TRIPARTITE COMMISSION: 28

C O N F I D E N T I A L SECTION 01 OF 06 KUWAIT 004813

SIPDIS

SIPDIS

FOR NEA/ARPI AND PRM; LONDON FOR TSOU; PARIS FOR ZEYA

E.O. 12958: DECL: 11/18/2015
TAGS: PREL PHUM MARR AORC ICRC KU IZ SA
SUBJECT: 28TH MEETING OF THE TRIPARTITE COMMISSION: 28
CASES CLOSED; PRAISE FOR IRAQI ROLE IN RECOVERING REMAINS

Classified By: Ambassador Richard LeBaron for reasons 1.4(b) and (d).


1. (C) Summary: Kuwait hosted on November 15, the 28th
meeting of the Tripartite Commission (TPC) on Gulf War
Missing. The session closed 28 cases (26 Kuwaitis, two
Saudis, and one Iraqi),continued the mandate of the
Technical Sub-Committee (TSC) for one year, and selected
November 15, 2006 as the date of the next TPC meeting to be
held in Geneva. There were no contentious items and
delegations, particularly the Kuwaitis and Saudis, were
effusive in their praise of the cooperation received from the
Iraqi Transitional Government (ITG). Saudi delegation head
Prince Turki expressed his appreciation for Iraqi recognition
of the POW/missing issue as a humanitarian concern,
explaining that the change in perspective facilitated greater
cooperation. During a November 14 bilateral with the U.S.
delegation, ICRC meeting chair Balthasar Staehelin also
commended Iraqi participation, but expressed concern that
unless more Iraqi remains were found, the TPC would be
subject to criticism that it was biased towards Kuwait. He
noted U.S. and MNF-I assistance in locating possible mass
grave sites, and hoped that the Iraqi security situation
would improve sufficiently to permit their excavation. The
Ambassador thanked Kuwait for testing its unidentified
remains against a DNA sample of CAPT Michael Scott Speicher
and restated that the U.S. considers the case to be open.
The TPC was preceded by the 49th meeting of the Technical
Sub-Committee on November 13. End summary.

Remains of 28 POWs Identified and Repatriated
--------------


2. (SBU) Kuwait hosted and the International Committee of
the Red Cross (ICRC) convened the 28th meeting of the
Tripartite Commission on Gulf War Missing on November 15.
Delegations from the U.S., UK, France, Kuwait, Iraq, and
Saudi Arabia met to review progress on locating, identifying,
and repatriating the missing victims of the 1990-91 Gulf War.
The TPC closed the cases of 28 individuals (26 Kuwaitis, 2
Saudis, and one Iraqi),bringing the grand total of mortal
remains exhumed and identified to 227. Of the cases closed
the majority of the remains were found in Iraq: 2 sets in
Samawa, seven in Karbala, 16 in Ramadi, and three in Al
Amara. The Iraqi case closed during the session was an
individual recovered in Kuwait by a construction crew. The
GOK has 120 sets of remains which have not yet been
identified. The GOK tested these remains for the DNA of CAPT
Michael Scott Speicher, but the results were negative.
Speicher's DNA is now listed in the Kuwaiti database and will
be compared against all future remains tested by the GOK.

Enhanced Cooperation for Grave Site Visits
--------------


3. (C) The Kuwaiti delegation announced its interest in
continuing to examine grave sites at Nasseriya and Karbala.
If the security situation does not permit a Kuwaiti
investigative team to travel, however, Iraq again offered to
provide sample remains for testing. (Comment: in July and
October, The ITG provided mortal remains samples to Kuwait
for DNA testing which the GOK appreciated. Both the GOK and
ICRC noted that such cooperation marked a new page in
bilateral relations, commenting that even a year ago neither
delegation would have trusted any sample offered by Iraq.
End comment.) The ICRC will lead a joint mission to Saudi
Arabia to document missing Iraqis buried in Saudi cemeteries.
The Iraqi delegation offered to provide the GOK, through the
ICRC, with the names of possible witnesses to the existence
of mass graves, and also informed the TPC of a possible grave
at Tel Al-Laham, possibly holding up to 600 sets of human
remains. The Kuwaiti, Saudi, and Iraqi delegations welcomed
technical assistance from the U.S., UK, and France in
improving their identification efforts, through technical
experts, lab enhancements, or off-site testing.

ICRC Generally Positive on the TPC Process
--------------


4. (C) During a November 14 bilateral meeting with the
Ambassador, Balthasar Staehelin, TPC Chairman and ICRC
Delegate-General for the Middle East and Africa, said the
process was on track and praised the new degree of trust
between the GOK and ITG. He also expressed appreciation for
the support given to the identification and repatriation of
remains by coalition forces. He voiced concern, however,
about the image of the TPC if no Iraqi remains are found. He
noted the majority of the remains recovered have been Kuwaiti
nationals and was troubled that critics would accuse the TPC
of being biased, and attempt to drive a wedge between the GOK

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ad ITG. He reported the U.S. had previously provided
coordinates for possible grave sites in Iraq and hoped
security conditions would soon permit the excavation and
identification of Iraqi victims.

Opening Statements
--------------


5. (U) ICRC

On behalf of the International Committee of the Red Cross, I
have the pleasure to welcome you to the 28th Tripartite
Commission Meeting here in Kuwait.

The past year has seen the consolidation of a positive
dynamic of increasing trust and cooperation between the main
concerned parties. Without attempting to be exhaustive, I
would like to cite a few examples illustrating this trend:

-- after the 47th Technical Sub-Committee, the Iraqi
delegation paid a two-day visit to the facilities of the
Kuwaiti National Committee for Missing and POW Affairs
following the invitation extended a year ago;
-- the Tripartite Commission-related exhumations of mortal
remains in Iraq were carried out in close cooperation between
Iraq and Kuwait with the valuable support of the MNF-I
providing security and logistical support;
-- a new practice has emerged by which the Iraqi delegation
provides samples of mortal remains exhumed in Iraq to Kuwait
allowing a first analysis prior to a mission of Kuwaiti
technical teams into Iraq;
-- information has been forwarded by Saudi Arabia on marked
burial sites of Iraqi citizens on its territory.

Today the Tripartite Commission is set to close 30 cases.
Sadly, all persons were found dead. Nevertheless, this means
that 30 families finally learn about the fate of their
missing sons, brothers, husbands, that 30 families can start
to mourn and to rebuild their lives. (Note: During the
meeting, it became clear that Saudi and Kuwait had each
submitted the names of the two Saudis identified. Once the
duplication was recognized, 28 cases were closed, not 30.
End note.)

While tangible progress has thus been made due to the joint
efforts of all parties to this process, the number of cases
solved is significantly lower than in the two previous years.
The paradox between an increase in cooperation and trust and
a declining number of cases solved illustrates the
difficulties of the work at hand. Reliable information is
hard to find, the field work is hampered by an extremely
dangerous environment in Iraq, the forensic scientists cannot
always achieve conclusive results.

In spite of these difficulties, we have observed a strong
commitment to the process and a determination to move it
ahead with the shared goal of elucidating the fate of persons
unaccounted for as a result of the 1990-91 war, regardless of
their nationality.

Acutely aware of the continuous plight of the concerned
families, the ICRC remains fully engaged and committed to
facilitate this humanitarian process in fulfillment of its
mandate under international humanitarian law.


6. (U) Iraq

On behalf of the Iraqi delegation, I would like to present my
thanks and gratitude to the State of Kuwait for hosting the
28th meeting of the TPC and the 49th meeting of the TSC; also
we appreciate the ICRC efforts and all members of the TPC for
their continuous work to solve this humanitarian issue.

Since the fall of the former Iraqi region, Iraq worked with
all its abilities to participate with the concerned parties
to reduce the suffering and to approach the decisive results
for determining the fate of missing persons of all
nationalities.

Iraq is always ready to cooperate completely with all parties
in the field of exchange of information to approach the
decisive tangible results.

Recently, Iraq took measures with spontaneous efforts to
investigate and search for information about a mass grave
site in Al Amara governorate presumably containing Kuwaiti
nations. On the other hand, we coordinated with the Kuwaiti
side under the supervision of the ICRC to test samples of the
remains for identification. An Iraqi technical team exhumed

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the samples from the site in spite of the security
difficulties and handed them over to the Kuwaiti side for DNA
testing.

Finally, I would like to reiterate my thanks and gratitude to
the State of Kuwait for hosting the meeting, and appreciate
the ICRC and all the members of the TPC for their staunch
efforts in the humanitarian field and we hope for all parties
to take an exerted action for serving this humanitarian issue.


7. (U) Kuwait

The State of Kuwait renews its special appreciation and
gratitude to the ICRC and to all members of the Tripartite
Commission for their continuous efforts in firmly pursuing
this humanitarian issue. In particular, Kuwait wishes to
express warm appreciation to Multinational Forces in Iraq and
to the Iraqi Security Forces for their active role in
providing security around field operations for the search and
retrieval of mortal remains.

We also care to express our genuine thanks to the Iraqi
government represented here by the Ministry of Human Rights
for the excellent efforts they have exerted in pursuing
specific information on one burial site which might contain
remains of Kuwaiti nationals. Details of this matter were
discussed in the Technical Sub-Committee, but it was the
Iraqi delegation which took the initiative of submitting the
information, and it was the Iraqi authorities who provided
samples of the mortal remains. Therefore it is the positive
attitude and noble gesture by the Iraqi authorities which
really counts and deserves special highlighting in this
meeting. It is a perfect example of the spirit and conduct
towards such a humanitarian matter that we all hoped for
since establishment of the Tripartite Commission. Again we
express our thanks and appreciation to the Iraqi Government
and to its delegation.

The State of Kuwait welcomes recent political developments in
Iraq, with Kuwait's deepest wish that such effort will be
soon rewarded with further results in the normalization of
the country, and with significant progress in solving all
humanitarian issues that are still afflicting the Iraqi
people in one way or another, including the issue that, once
more, we are here to discuss. Again, we reconfirm our
commitment to sincerely work together in clarifying the fate
of all missing persons, regardless of their nationalities.

During our 27th meeting last year, we expressed legitimate
satisfaction on the speed taken up by the search process
after fall of the precious Iraqi regime, in particular with
regards to the search for missing Kuwaitis. In just about
one year and one-half, we have been able to close one-third
of all the cases submitted by Kuwait. This significant
achievement had been made possible especially through the
climate of excellent cooperation between all parties
involved, which allowed us to overcome quickly all obstacles
found on the way, and which is still prevailing among us.

Looking back, however, we shall recognize that the process
has slowed down very significantly during the last twelve
months. The number of remains identified in this period lies
far below the previous average, and concerns remains that had
been exhumed during the first period. No remains of any
missing Kuwaiti has been identified in the last 6 months.

We are, of course, perfectly aware of the reasons which have
been determining this situation. We are not in a position to
blame anybody other than the poor security situation still
existing around key burial sites in Iraq. Yet, we are not
allowed to underestimate the ordeal of families who are still
awaiting the truth about the fate of their loved one.
Fifteen years after the sad events which caused this human
tragedy, we should not accept the idea of falling back into a
period of stagnation reminiscent in any way of what was
experienced in the past even if caused by totally different
reasons.

Until now, the efforts of this Commission and of its
Technical Sub-Committee have been instrumental in identifying
and excavating burial sites in Iraq. Today, we are here to
ask once more your irreplaceable support in keeping the
process on the right track by exploring and finding, all
together, fresh solutions to the new challenges; in
particular, to the obstacle represented by the security
situation around the burial sites.

A word of appreciation goes to the personal efforts by the
ICRC Regional Delegate for the Arabian Peninsula, Mr. Michel

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Meyer. Since 2000 when he took over this difficult
responsibility, he put forth the best of efforts, even beyond
official duties, to achieve the noble aims of this
Commission. We mention this on occasion of the end of Mr.
Meyer's duty in the region. We thank him and wish him
success in his hew post.

On behalf of the families of the martyred prisoners, we thank
you for all the good results obtained until now, as well as
for those that, hopefully, we are going to achieve all
together in the near future.


8. (U) Saudi Arabia

It is my pleasure upon convening the 28th meeting of the
Tripartite Commission to thank the International Committee of
the Red Cross and all member delegations in the Commission
for their continuous efforts to learn the fate of prisoners
and missing persons. I am also pleased on behalf of the
Delegation of the Kingdom of Saudi Arabia to extend our
gratitude for the brotherly Government of the State of Kuwait
for hosting this meeting and for its hospitality and kind
reception.

The elimination of obstacles that were known to everyone,
which stood in the way of progress in the undertakings of the
Tripartite Commission and the Technical Sub-Committe has
considerably influenced the progress of work assigned to the
two entities and resulted in uncovering the fate of many
prisoners and missing persons and thus to the closing of
their files. Although this may not be considered a happy
concluding, nonetheless, knowing their fate would slightly
alleviate the suffering of their families which lasted for
may years. We hope to know in the immediate future the fate
of all the prisoners and missing persons in order to close
the files.

What has been accomplished in the past two years, despite of
the brevity of time, and the deteriorating security
conditions, should be considered a good outcome and ought to
propel us to look ahead for more. The delegation of the
Kingdom of Saudi Arabia affirmed on many occasions the need
for finding expeditious solutions for this human tragedy.
The families and relatives of prisoners and missing persons
are still looking for confirmation of the fate of their sons
and kinfolks for the last decade and one-half.

Within this perspective, I would like to stress again the
support of the Kingdom of Saudi Arabia to the Tripartite
Commission, the Technical Sub-Committee and the principles of
which they were established under the auspices of the
International Committee for the Red Cross. The Commission
and the Technical Sub-Commitee are the acceptable and
appropriate mechanisms to deal with humanitarian issues
relating to the prisoners and missing persons. Accordingly,
there is a need for a commitment by all parties to the
continuity of those two entities in fulfilling their mandates
since they are the two bodies we all approved. We should
also discuss the steps and effective measures that could help
us acquire a definitive conclusion for this human tragedy.

Finally, I would like to reiterate my appreciation to the
International Committee of the Red Cross and to members of
the Tripartite Commission for their dedicated endeavors in
this regard, wishing success for all concerned with the hope
to put an end to this human suffering.


9. (U) U.S.

The United States commends the International Committee of the
Red Cross (ICRC) for its enduring commitment to resolve the
status of the numerous Iraqis, Kuwaitis, Saudis, as well as
the many others who failed to return home following the
1990-1991 Gulf War. We now know that many of these civilians
and military personnel did not survive the brutalities meted
out by the regime of Saddam Hussein, and we are pleased to be
a part of this international effort to acknowledge their
sacrifices and console the families and friends who miss them.

We would also like to extend our appreciation to the
Government of Kuwait for hosting this 28th meeting of the
Tripartite Commission (TPC). Our presence here, in a country
ravaged by the 1990-1991 war, is testimony to the progress
achieved since that difficult period in our shared history.
We applaud the continued cooperation of TPC
members and look forward to a time when all victims have been
identified and repatriated, and when we can work together on
other issues to shape a more secure and prosperous future.


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We welcome the attendance and participation of the delegation
representing the Iraqi Transitional Government (ITG). We
applaud the ITG's dedication to building a strong, democratic
Iraq and consider its close cooperation with its neighbors
on this humanitarian issue to be an important step in
strengthening relations with its regional partners. We hope
that one day soon we will all be able to accept the
invitation extended at our last meeting in Geneva to meet in
Baghdad.

Since our meeting last November, more grave sites have been
discovered and more victims have been identified. Still,
many -- among them Kuwaitis, Saudis, Egyptians, Lebanese,
countless Iraqis, many others, and our own CAPT Michael Scott
Speicher -- remain missing. It is our deepest hope that our
joint efforts will help to locate these brothers and sisters,
and console their families. We appreciate the willingness of
the Government of Kuwait to compare a sample of CAPT
Speicher's DNA against its database of unidentified remains.
While there was no match, we hope this approach will inspire
additional creative ways to identify those murdered or
missing as a result of Saddam Hussein's
dictatorship. Just as you are determined to locate and
repatriate your countrymen, we are steadfast in our resolve
to bring CAPT Speicher home, and are confident that together,
we will achieve our goals. Through this committee and
bilaterally, we are prepared to help.


10. (U) France and the UK did not deliver formal
statements. The French delegation offered, in general terms,
technical assistance in identifying remains.

Delegations
--------------


11. (SBU) Iraq

Hesham Al-Suhail, Head of Delegation
Kazem A, Kazem
Yaqoob Haider
Ali M Thumad
Thabit M. Hussain


12. (U) Kuwait

Dr. Ibrahim Al-Shaheen, Head of Delegation
Mr. Rabea Al, Adsani
Dr. Sultan Al-Khalaf
Mr. Fozan Al-Fozan
Dr. Mohammad Al-Hadad
Ambassador Khaled Al-Maqamis


13. (U) Saudi Arabia

Prince Turki bin Mohammed bin Saud Al-Kabir, Head of
Delegation
M.G Ibrahim Al-Amro
Khaled Al-Angari
Dr. Abdulrahman Al-Shareif
Mr. Ahmad M. Omar
Mr. Fahad Al-Juraid


14. (U) France

Ambassador Corinne Breuze, Head of Delegation


15. (U) UK

CDA Jamie Bowden, Head of Delegation


16. (U) U.S.

Ambassador Richard LeBaron, Head of Delegation
Natalie E. Brown
Bruce R. Harder, Policy Advisor, Office of the Secretary of
Defense, Defense POW/Missing Personnel Office


17. (U) ICRC

Balthasar Staehelin, TPC Chairman and Delegate-General for
the Middle East and Africa
Michel Meyer, TSC Chairman and Regional Delegate for the
Arabian Peninsula
Karl Anton Mattli, Head of Delegation ICRC Iraq
Daniel Fasnacht, Deputy Head of Regional Delegation foe the
Arabian Peninsula
Micha Wedekind, Delegate for "Missing" file for Iraq

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