Identifier
Created
Classification
Origin
06KABUL1667
2006-04-12 12:34:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kabul
Cable title:
GOA DETAINEES LEGAL WORKING GROUP MOVING AHEAD
how-toVZCZCXRO0853 PP RUEHDBU RUEHIK RUEHYG DE RUEHBUL #1667 1021234 ZNR UUUUU ZZH P 121234Z APR 06 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC PRIORITY 9576 INFO RUCNAFG/AFGHANISTAN COLLECTIVE RUEHZG/NATO EU COLLECTIVE RHEHAAA/NSC WASHDC RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHDC RUEKJCS/OSD WASHDC RUEKJCS/SECDEF WASHDC RUEKJCS/JOINT STAFF WASHDC//JF/UNMA// RUEKJCS/JOINT STAFF WASHINGTON DC//J3// RHMFISS/CDR USCENTCOM MACDILL AFB FL RHMFISS/HQ USCENTCOM MACDILL AFB FL RUMICEA/JICCENT MACDILL AFB FL RHMFIUU/COMSOCCENT MACDILL AFB FL RUEATRS/DEPT OF TREASURY WASHDC RUCNDT/USMISSION USUN NEW YORK 2427 RUEHNO/USMISSION USNATO 2624 RUEHGV/USMISSION GENEVA 5829 RUEHUNV/USMISSION UNVIE VIENNA 1268
UNCLAS KABUL 001667
SIPDIS
SIPDIS
STATE FOR SCA/FO, SCA/A, L, S/WCI, S/CRS, SCA/PAB, S/CT
OSD FOR DETAINEE AFFAIRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR CG CFC-A, CG CJTF-76 POLAND
TREASURY FOR D/S KIMMITT, APARAMESWARAN, AJEWELL
REL NATO/ISAF/AS/NZ
SENSITIVE
E.O. 12958: N/A
TAGS: MOPS KAWC PGOV AF
SUBJECT: GOA DETAINEES LEGAL WORKING GROUP MOVING AHEAD
WITH DRAFT POLICY DISCUSSIONS
UNCLAS KABUL 001667
SIPDIS
SIPDIS
STATE FOR SCA/FO, SCA/A, L, S/WCI, S/CRS, SCA/PAB, S/CT
OSD FOR DETAINEE AFFAIRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR CG CFC-A, CG CJTF-76 POLAND
TREASURY FOR D/S KIMMITT, APARAMESWARAN, AJEWELL
REL NATO/ISAF/AS/NZ
SENSITIVE
E.O. 12958: N/A
TAGS: MOPS KAWC PGOV AF
SUBJECT: GOA DETAINEES LEGAL WORKING GROUP MOVING AHEAD
WITH DRAFT POLICY DISCUSSIONS
1. (SBU) The Afghan Inter-Ministerial Legal Working
Group met on April 5 to discuss the development of a
legal framework that would form the basis for
transfer of detainees from U.S. custody as well as
for the disposition of individuals taken off the
battlefield in future. Due to a confusion on the
part of the GOA, USG was represented only by the
CFC-A,s Staff Judge Advocate, but Embassy will be
included in future meetings.
2. (SBU) The Working Group reached consensus that
Afghanistan is fact engaged in an internal armed
conflict. While this does not appear to be
contained in any written document to date, all
members of the WG agreed to the assessment. This
determination triggers the application of
international law, particularly customary
law, that U.S. legal experts believe authorizes
the GOA to detain enemy combatants until the end
of the armed conflict. It gives the GOA the
option of holding detainee who cannot be
successfully prosecuted due to weak evidence but
who should not be released because they still
constitute a danger.
3. (SBU) The WG also agreed that Sharia law
provides for the detention until the end of the
conflict of insurgents who pose a threat to society.
Ministry of Interior legal advisor Jabbar Sabit
offered to write a paper outlining that legal basis.
It was agreed that combining Sharia law justification
with international law forms a stronger foundation
for the detention of enemy combatants captured by
Coalition, ISAF, or Afghan security forces who are
subsequently transferred to the GOA.
4. (SBU) The WG discussed mid-May as the target
completion date for a first draft of a GOA policy for
conducting detention operations. The group will
meet once a week between now and then to focus on
preparing the draft. They also requested CFC-A to
provide additional technical materials on
international law issues that could be used to
inform the draft policy document, and CFC-A agreed
to make those materials available, in coordination
with Embassy,s legal experts.
Norland
SIPDIS
SIPDIS
STATE FOR SCA/FO, SCA/A, L, S/WCI, S/CRS, SCA/PAB, S/CT
OSD FOR DETAINEE AFFAIRS
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR CG CFC-A, CG CJTF-76 POLAND
TREASURY FOR D/S KIMMITT, APARAMESWARAN, AJEWELL
REL NATO/ISAF/AS/NZ
SENSITIVE
E.O. 12958: N/A
TAGS: MOPS KAWC PGOV AF
SUBJECT: GOA DETAINEES LEGAL WORKING GROUP MOVING AHEAD
WITH DRAFT POLICY DISCUSSIONS
1. (SBU) The Afghan Inter-Ministerial Legal Working
Group met on April 5 to discuss the development of a
legal framework that would form the basis for
transfer of detainees from U.S. custody as well as
for the disposition of individuals taken off the
battlefield in future. Due to a confusion on the
part of the GOA, USG was represented only by the
CFC-A,s Staff Judge Advocate, but Embassy will be
included in future meetings.
2. (SBU) The Working Group reached consensus that
Afghanistan is fact engaged in an internal armed
conflict. While this does not appear to be
contained in any written document to date, all
members of the WG agreed to the assessment. This
determination triggers the application of
international law, particularly customary
law, that U.S. legal experts believe authorizes
the GOA to detain enemy combatants until the end
of the armed conflict. It gives the GOA the
option of holding detainee who cannot be
successfully prosecuted due to weak evidence but
who should not be released because they still
constitute a danger.
3. (SBU) The WG also agreed that Sharia law
provides for the detention until the end of the
conflict of insurgents who pose a threat to society.
Ministry of Interior legal advisor Jabbar Sabit
offered to write a paper outlining that legal basis.
It was agreed that combining Sharia law justification
with international law forms a stronger foundation
for the detention of enemy combatants captured by
Coalition, ISAF, or Afghan security forces who are
subsequently transferred to the GOA.
4. (SBU) The WG discussed mid-May as the target
completion date for a first draft of a GOA policy for
conducting detention operations. The group will
meet once a week between now and then to focus on
preparing the draft. They also requested CFC-A to
provide additional technical materials on
international law issues that could be used to
inform the draft policy document, and CFC-A agreed
to make those materials available, in coordination
with Embassy,s legal experts.
Norland