DEMARCHE REQUEST: OPTION TO ADDRESS CURRENT

S E C R E T STATE 094944

SIPDIS

E.O. 12958: DECL: 09/11/2019
TAGS: PREL IZ
SUBJECT: DEMARCHE REQUEST: OPTION TO ADDRESS CURRENT
THREATS TO IRAQI PEACE AND SECURITY AT THE UNITED NATIONS

REF: 09 STATE 92027

Classified By: IO Assistant Secretary Esther Brimmer,
For Reasons 1.4 (b) and (d)


1. (U) This is an action request. Please see paras 2 and 3.


2. (S/REL) Embassy Baghdad is requested, at the
ambassadorial level, to demarche the Government of Iraq (GOI)
at the highest appropriate level in response to Prime
Minister Maliki's written request to Secretary-General Ban on
August 31 seeking UN support for the establishment of a
special international tribunal to investigate foreign support
to terror attacks on Iraq soil (a result of the August 19
Baghdad bombings). PM Maliki reaffirmed his intent to
follow-up on this proposal at a September 3 meeting with
Ambassador Hill and General Odierno (Ref A). The USG
supports Iraq,s efforts to address internal security issues
and shares its concerns of the negative impact terrorist acts
can have in the run-up to the January national elections.
The Embassy may draw from the points below to emphasize USG
concern for threats to Iraq,s peace and security by
suggesting an alternative to the proposed tribunal that might
better address such threats.


3. (S/REL) Embassy Baghdad may draw on the following talking
points:

--We believe a thorough investigation of these terrible
crimes on August 19th is very important. We support your
efforts to address internal security and share your concerns
about the negative impact terrorist acts can have in advance
of the January national elections. We are working with your
security forces to help address internal security issues.

--As we have repeatedly made clear, foreign intervention from
any source cannot be allowed to fuel terrorism and sectarian
violence in Iraq.

--While we strongly support your efforts to bring
international attention to all who would undermine Iraq, we
believe that a UN investigative committee would be
problematic for several reasons. First, you may find that it
implicates your sovereignty. Second, it may not be sensitive
to the needs and practices of the Iraqi judicial system.
Third, it may take too much time to set up and begin its work.

--A commission of inquiry was established for the
assassination of former Prime Minister Hariri in Lebanon,
when the Lebanese authorities were unable to conduct an
investigation due to Syrian interference. That investigation
has been ongoing for almost five years with no indictments.
Unlike the Hariri situation, your government is in a position
to conduct a thorough investigation.

--As we work with our UNSC colleagues in addressing the Prime
Minister's request, we also propose the possibility of UN
high level involvement, which could include a senior official
designated by the Secretary General to help examine foreign
support or involvement in this terrorist attack in Iraq. This
consideration would be less intrusive than a UN investigative
committee would be and therefore might be more satisfactory
to you, given sovereignty concerns. Note: The UN has not yet
agreed to this proposed alternative.

End Talking Points.
CLINTON