DEMARCHE TO AUSTRALIA REGARDING CONVENTION ON

C O N F I D E N T I A L STATE 125625 SIPDIS E.O. 12958: DECL: 11/26/2018 TAGS: PARM MOPS PREL NATO AS SUBJECT: DEMARCHE TO AUSTRALIA REGARDING CONVENTION ON CLUSTER MUNITIONS REF: A. STATE 125608 ¶B. STATE 125512 Classified By: PM A/S Mark T. Kimmitt for Reasons: 1.4(b),(d) ¶1. (U) This is an action request; see para 3. ¶2. (C) Summary: On December 3, the Convention on Cluster Munitions (CCM) will be opened for signature in Oslo, Norway. The United States will neither sign this Convention nor participate as an observer, although many of our allies and partners will sign this Convention. Depending on implementation of the CCM, in particular interpretation of Article 21 (which permits interoperability between State Parties to the CCM and those that are not),this could cause constraints on the ability of U.S. military forces to undertake combined operations with allied and partner militaries. Australia will sign this Convention. Australian and U.S. military forces undertake many cooperative initiatives, encompassing planning, training, and operations, and Australian officers (like those from Canada and the UK) are routinely provided the opportunity to serve within U.S. military units. At the September session of the Convention on Conventional Weapons (CCW) Group of Government Experts (GGE),the Australian delegation briefed the U.S. delegation on Australian intentions for interoperability under Article 21 of the CCM. Australia's interpretation is that a broad range of activities is permitted. Post is requested to confirm this interpretation and offer consultations on any remaining issues if necessary. End Summary. OBJECTIVES: ¶3. (C/REL AUS) Australian representatives informed U.S. counterparts that Australia will take a broad view of the activities permitted because of Article 21 of the CCM. Please pursue the following objectives with host nation government to confirm this interpretation and offer bilateral consultations on any remaining issues. Post may draw on more detailed information on CCM and U.S. policy in reftels and background below for these discussions. -- Confirm that the United States shares Australia,s concerns about the potential unintended harm to civilians cluster munitions can cause. -- Explain the United States is not in a position to sign the CCM at this time because of defense requirements and far-ranging security commitments, but the U.S. is taking technical steps to reduce the potential unintended harm to civilians from the use of cluster munitions. -- Express U.S. appreciation for the briefing on Australia,s legal interpretation of Article 21 at the CCW GGE meeting in September and for all of Australia's efforts to ensure military cooperation will remain smooth. -- Note if host government has any concerns with how the implementation will work in practice, in particular regarding embedded officers, these issues can be further discussed in appropriate military-to-military channels. ¶4. (C) Background: On December 3, the CCM will be open for signature in Oslo, Norway. Australia intends to sign this Convention. In bilateral consultations on the margins of the CCW meetings September 1-5, Australian counterparts briefed the U.S. delegation on Australia,s legal interpretation of Article 21. Although a written copy of the legal advice could not be provided, the briefer noted that most forms of military cooperation could continue. The official interpretation concerning interoperability/combined operations is that the only prohibited action would be for embedded or third-party force Australian personnel to physically fire or drop cluster munitions. This would be applicable to a limited number of Australian officers serving with U.S. units. Another action identified that is not legally prohibited, but politically difficult, would be for Australian officers serving in a combined headquarters and who were part of the chain of command, for example if the officer is in charge of targeting. These latter two issues may require further discussion and would be best worked in mil-mil channels because they relate directly to operations. Australia noted that the legal interpretation has also been discussed with Canada and the UK. The text of the Convention on Cluster Munitions can be found at: www.stopclustermunitions.org/the-solution/the -treaty/ ¶5. (U) For more information please contact Katherine Baker (202-663-0104) or Sho Morimoto (202-663-0290) in PM/WRA. RICE