DEMARCHE TO CANADA REGARDING CONVENTION ON

C O N F I D E N T I A L STATE 125628

SIPDIS

E.O. 12958: DECL: 11/25/2018
TAGS: PARM NATO PREL MOPS CA
SUBJECT: DEMARCHE TO CANADA 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 the CCM
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 preserves
interoperability, this could cause constraints on the
ability of U.S. military forces to undertake combined
operations with the militaries of States Parties to the
CCM. Canada will sign this Convention. Canadian and
U.S. military forces undertake many cooperative
initiatives, encompassing planning, training, and
operations, and Canadian officers (like those from
Australia and the UK) are routinely provided the
opportunity to serve within U.S. military units.
Canada has not approached the U.S. to explain Canadian
intentions for implementing the CCM. The Canadian
Head of Delegation to the CCW made several public
comments unhelpful to that process, and although
nothing specific was said, the general tone gave rise
to concerns that Canada may embrace a narrow
interpretation of Article 21 and make an announcement to
that effect at the signing on December 3. End Summary.

OBJECTIVES


3. (C/REL CAN) If Canada embraces a narrow interpretation
of Article 21, it could result in serious consequences for
U.S. military operations and planning. Please pursue the
following objectives with host nation government to
confirm Canada's interpretation of Article 21 will
permit continued interoperability in combined
operations. Post may draw on more detailed information on
CCM and U.S. policy in reftels and background below for
these discussions.

-- Convey that the United States shares Canada,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.

-- Note U.S. appreciation for the inclusion of Article 21
in the CCM text. Convey that we interpret this provision
to allow our respective military forces to continue to
conduct a broad range of combined operations where cluster
munitions might be used. Note that the NATO Military
Committee advice of October 2 confirms that
interoperability is protected.

-- Request information about host government,s intentions
regarding the many forms of ongoing military cooperation
between U.S. and Canada, both in NATO and bilaterally,
including training, planning, operations, and embedded
officers, in light of Canadian signature to the CCM.

-- Note if host government has serious concerns on
this issue, an interagency team of experts is prepared to
hold bilateral consultations with Canada.

-- Encourage Canada to take no action that would
complicate maintaining maximum flexibility in coming to an
understanding on this very important issue.


4. (SBU) Background: On December 3, the CCM will be open
for signature in Oslo, Norway. Canada intends to sign
this Convention. Unlike Australia and the UK, Canadian
officials have not approached the U.S. to explain Canada's
interpretation of Article 21 of the CCM or how it could
potentially impact security cooperation activities.
The Department has information that the Canadian Head of
Delegation to the CCW (who played an unhelpful role in CCW
negotiations) is lobbying his government to adopt a narrow
interpretation of Article 21, while Canadian military
legal advice favors a broad interpretation. Both
Australia and the UK have taken a broad view of
Article 21, and nearly the full range of activities
will be permitted with those countries' militaries.


5. (U) For more information please contact Katherine
Baker (202-663-0104) or Sho Morimoto (202-663-0290) in
PM/WRA.
RICE