SWISS GENEVA CONVENTIONS CONSULTATIONS

C O N F I D E N T I A L GENEVA 001170

SIPDIS

IO/HR

E.O. 12958: DECL: 12/17/2019
TAGS: PHUM IS UNHRC UNAUS KPAL
SUBJECT: SWISS GENEVA CONVENTIONS CONSULTATIONS

REF: STATE 124856

Classified By: CDA Douglas M. Griffiths; Reason: 1.4(B),(D)


1. (C) SUMMARY: Expressing Switzerland's view that it has
been "charged" by the UN General Assembly (UNGA) in its
resolution on the Goldstone Report to start consultations on
the convening of a conference of the High Contracting Parties
(HCP) to the Geneva Conventions, Swiss Ambassador to the UN
in Geneva, Dante Martinelli, relayed Switzerland's desire to
seek input on the aim and objective of such a conference.
Martinelli reiterated their intention for a conference based
on a "constructive platform" and one that would not
degenerate into a politicized discussion of one party or the
other. Drawing from instructions (reftel A) Charge Griffiths
told Martinelli that the United States opposed convening a
conference, challenged the basis of a conference focused on
only one conflict, and questioned Switzerland's goals.
Martinelli asked for additional input by mid-January, so that
it could report to the UN Secretary-General (UNSYG) by the
end of January. END SUMMARY.


SWITZERLAND SEEKS VIEWS ON THE WHO, WHAT AND WHEN OF THE
CONFERENCE


2. (C) Martinelli reported on his intent to consult with
various delegations in Geneva, including Israel and the
Palestinians along with "concerned parties" Egypt, Saudi
Arabia, Syria, Pakistan for the OIC, Algeria for the Arab
Group, the EU Presidency (both Sweden and Spain),
representatives of the Arab League, the five regional group
coordinators of the Human Rights Council, the ICRC, the UN
High Commissioner for Human Rights, and the P-5 members of
the UN Security Council. His mandate is to ask for input on
three main questions: (1) Attendance -- Switzerland is
exploring whether such a conference should be held at the
Ministerial level, or best left to international human rights
and humanitarian law experts; (2) Substance -- Switzerland is
seeking input on the desired aim and specific outcome for the
conference, as well as the concrete measures or mechanism
that can be adopted to better implement the Conventions "on
the ground"; (3) finally, Switzerland is also exploring the
precise timing of such a Conference. On this last point,
Martinelli emphasized the importance of the timing of the
conference, which in their view would best be planned for the
first half of 2010, possibly in June, to provide more time
for the domestic investigations currently underway to conduct
their work.


3. (C) The Charge presented Martinelli with USG views on
such a conference. He also questioned Switzerland's role in
holding consultations on whether to convene a conference,
since Switzerland has already demonstrated its position in
favor of a conference through its support of resolutions in
both Geneva and New York. In addition, the Charge questioned
Martinelli's choice of "concerned countries" as it seemed
heavily weighted toward critics of Israel. Martinelli
refused to engage on our concerns, and merely stated that
Switzerland had yet to decide its position. However,
Martinelli said that Switzerland is optimistic that a good,
constructive discussion of the issues - without "bashing each
other" - is possible, and that he found throughout his
initial consultations that most "concerned" parties were not
focused on the political issues. On how they would square
the absence of an explicit legal basis in the Geneva
Conventions for convening a conference of HCP to focus
specifically on a single conflict with the anticipated focus
here, Martinelli responded that "like any HCP, we will do our
homework on this and come back with ideas of our own in
January." In response to the charge's criticism of the
Goldstone report, Martinelli said that the report is "very
balanced," and Concluded that it is a "good and honest
report,"


4. (C) COMMENT: Martinelli insisted that Switzerland's own
views on how to structure a conference based on a
"constructive platform" are not very well advanced or
considered. However, given Switzerland's vote for the UNGA
resolution, and their positive perception of the Goldstone
report, Switzerland seems too invested not only in the merits
of the arguments that prompted such a recommendation in the
first place, but also in their own role as depositary, to
refrain from moving forward now. We are working with local
delegations to ensure that Switzerland hears from a number of
countries that share our opposition to convening a
conference, so that Switzerland cannot claim widespread
consensus. END COMMENT
GRIFFITHS