USNATO RESPONSE TO SECOND SURVEY OF IRAQ

C O N F I D E N T I A L USNATO 000044 SIPDIS NOFORN SIPDIS DEPT FOR RPM; NEA; EUR E.O. 12958: DECL: 01/28/2018 TAGS: NATO PREL SUBJECT: USNATO RESPONSE TO SECOND SURVEY OF IRAQ DEPLOYMENT REQUIREMENTS REF: SECSTATE 04865 Classified By: Ambassador Victoria Nuland for reasons 1.4 (b) and (d) ¶1. (C) SUMMARY: We assess that almost all NATO Allies will insist on the cover of a relevant UNSCR mandate to continue the NATO Training Mission-Iraq (NTM-I) into 2009. With effort, we could likely sell something less than Chapter VII, given that NATO's mission is training not combat. We could also try a reference to international organizations assisting in the development of Iraqi Security Forces in the 2009 renewal of the United Nations Assistance Mission for Iraq (UNAMI) resolution. NATO is unlikely to sign on as a third party to the future U.S.-Iraq bilateral agreement, although it is possible Allies could agree to an Exchange of Letters in which Iraq extends the privileges and immunities that it grants U.S. forces in the future bilateral agreement to cover all Allies. It will be important to resolve these legal issues in a way that does not impinge upon U.S. bilateral negotiations with Iraq while maintaining the very worthwhile NTM-I program. USNATO requests continued visibility into U.S. thinking on this issue so we can ensure ongoing NATO Periodic Mission Reviews pave the way for what we will ultimately ask of NATO. END SUMMARY. UNSCR -------------- ¶2. (C) In our consultations with Allies, a few indicated they could potentially participate in NTM-I without an UNSCR, but all agreed that for some countries, notably Germany, Norway, Spain, The Netherlands and Greece, the renewal of the mandate for multinational forces contained in UNSCR 1546 is a necessary precondition for continuing with NTM-I. ¶3. (C) Renewal of UNSCR 1546 would be easiest to sell Allies, but we judge a Chapter VI UNSCR would provide the necessary cover. If these two options are not viable, we recommend a reference in the 2009 renewal of the United Nations Assistance Mission for Iraq (UNAMI) that welcomes the role of international organizations in the training and development of the Iraqi Security Forces. NATO As A Third Party -------------- ¶4. (C) We have found no support among Allies for NATO to join a GOI-USG bilateral agreement as a Third Party. However, it may be palatable to both Allies and Iraq to have a NATO-Iraq exchange of letters that references a GOI-USG bilateral agreement and extends its privileges and immunities to NATO personnel. This arrangement mirrors the current NTM-I legal framework that is based upon an EOL between NATO and the Iraqi Interim government. (As for legal protections and immunities, NATO's letter from January 2005 states that the terms and conditions of Coalition Provisional Authority Order #17 are applicable "mutatis mutandis" to NATO personnel and NATO contractors participating in NTM-I). Pursuing an EOL could ward off NATO efforts to negotiate its own SOFA with Iraq. (The current EOL states that the NATO-Iraq legal relationship should eventually evolve into a SOFA.) ¶5. (C) We understand from Ref A that the bilateral negotiations with Iraq will lead to the termination of CPA Order #17, potentially causing NATO personnel in Iraq to be without legal protection. We expect Allies will soon begin to look into the issue of NTM-I's legal future and seek a way ahead. This could happen as early as this month when the Periodic Mission Review is being debated. And For Some Good News -------------- ¶6. (C) There is a general sense among Allies that NTM-I is bearing fruit and has not been the risky endeavor that they had originally envisioned. The Italians are expanding their successful carabinieri training to include border security. The UK has just offered to help standardize training curricula at two more military academies in Iraq. The Poles are offering to increase their participation in NTM-I from 2 personnel to 20. Politically, NTM-I's future is solid assuming we ensure continuing UN legal cover for this very worthwhile NATO initiative. NULAND