GERMANY ALSO QUESTIONS CANADIAN PROPOSAL, SHARES

C O N F I D E N T I A L BERLIN 000408

SIPDIS

NOFORN

STATE FOR KATHERINE BAKER
SIPDIS

E.O. 12958: DECL: 03/31/2018
TAGS: MOPS PARM PREL NATO GM
SUBJECT: GERMANY ALSO QUESTIONS CANADIAN PROPOSAL, SHARES
LATEST VIEWS ON CLUSTER MUNITIONS

REF: A. STATE 30699


B. BERLIN 259

Classified By: DCM JOHN KOENIG FOR REASONS: 1.4 (B) AND (D).


1. (C) SUMMARY: Germany shares U.S. concerns that the
Canadian proposal on interoperability for the Oslo Process
text on cluster munitions will not provide a long-term
solution to the problem. Germany has put forth its own
proposal for how to address the interoperability issue, which
it plans to discuss further at the next Oslo Process meeting
in May. Germany continues to seek several other changes to
the current Oslo Process text, including a carve-out that
would allow the use of sensor-fused area munitions (SEFAM).
More generally, Germany is concerned that the Oslo Process is
yet another manifestation of the "privatization" of arms
control, whereby arms control advocates are increasingly
inclined to work outside the UN process to achieve their
aims. END SUMMARY.


2. (C) Poloff met with MFA conventional arms control desk
officer Burkhard Ducoffre March 28 to discuss Ref A points
and learn more about Germany's thinking on cluster munitions
(CM) prior to the Convention on Conventional Weapons (CCW)
meeting April 7. Ducoffre welcomed the opportunity to
discuss the issue and noted he had received a copy of the
U.S. paper on the application of international humanitarian
law to the use of CM, which he termed "helpful." He added
that this is an important issue, but hopes this is not the
only issue the U.S. delegation will push at the CCW, claiming
it may be "unfortunately, too little, too late."


3. (C) Ducoffre said that he fears that failure at the CCW
could lead to the "privatization" of arms control, noting
that arms control advocates will increasingly ignore the UN
process and will instead follow the Ottawa/Oslo example to
achieve their goals. He added that there is already talk
about pushing for the elimination of depleted uranium
ammunition through similar means. Ducoffre urged the U.S. to
take account of the political reality of Oslo in deciding on
its approach to the CCW meeting.


4. (C) Regarding Canada's interoperability proposal, Ducoffre
noted that Germany also submitted a proposal on this issue,
which is included in the compendium of proposals to be
considered at the upcoming Oslo Process meeting in Dublin in
May. He said the Canadian text was not coordinated within
the like-minded group and that Germany was unlikely to
support it. He also opined that Canada does not have a clear
idea about where it stands on CM.


5. (C/NOFORN) Ducoffre confirmed that Germany continues to
oppose various elements of the current Oslo text. Germany's
redlines remain the same: interoperability, an undefined
transition period, the ability to use their sensor-fused area
munitions (SEFAM),and the right to retention for training.
This sentiment was supported during a separate conversation
with MOD CM expert Captain Thomas Frisch later the same day.
Frisch also reiterated points included in previous reporting
(Ref B) regarding Germany's three-stage procedure to
eliminate cluster munitions. He then added that, regardless
of what eventually happens in Oslo or Geneva, Germany will
continue to permit the U.S. to stockpile CM on German soil.


6. (C) Ducoffre noted that during a recent visit to Berlin,
Norwegian MFA State Secretary Johanssen was pressed by German
MFA State Secretary Silberberg on CM and particularly on the
interoperability matter. When asked about Johannsen's
reaction to the pressure, Ducoffre demurred, offering only
that it will require a Herculean effort to dissuade Norway
from seeking to ban cluster munitions though the Oslo Process.
TIMKEN JR