NETHERLANDS: SOLVING GUANTANAMO LEGAL ISSUES

UNCLAS THE HAGUE 000208 SIPDIS E.O. 12958: N/A TAGS: PREL PINR PHUM PTER NL SUBJECT: NETHERLANDS: SOLVING GUANTANAMO LEGAL ISSUES REF: FALLS-VIBUL-JOLLES EMAIL 3-24-09 ¶1. (U) SUMMARY: The Dutch MFA has hired Leiden University to organize a study to address the legal issues surrounding Guantanamo. Study leader Professor Nico Schrijver told post that Dutch FM Verhagen has a personal interest in this issue. END SUMMARY. ¶2. (U) The study includes three panels of legal experts, who will review: (1) law enforcement outside the context of armed conflict and the need to improve transboundary mutual legal assistance, (2) law enforcement operations that include transboundary use of force, and (3) the relationship between internal humanitarian and human rights law. There will be a preliminary meeting in June 2009, with the concluding event scheduled for January or February 2010. Views of the conferees would be presented in a book. Among the 24 legal experts expected to participate are four Americans. Post emailed the study outline to S/WCI (ref A). ¶3. (U) FM Verhagen maintains a keen personal interest in the issue, according to Schrijver. He has had dinner with Verhagen to discuss the effort, and he expects Verhagen to participate in the June 2009 meeting. Overall, the initiative responds to past requests from former Legal Adviser John Bellinger in which he asked Europe to provide constructive solutions rather than mere criticism. This latest initiative follows up on the 2007 "Poelgeest seminar," a similar initiative by the Dutch MFA and Leiden University. Schrijver noted the Poelgeest report has been circulated in New York and cited by FM Verhagen in discussions with the Dutch parliament. ¶4. (U) Comment: Schrijver's study will be too protracted to immediately support the President's Executive Order to close Guantanamo. However, the study could provide useful background for greater international legal agreement and cooperation on counterterrorism and the treatment of suspected terrorists. At a minimum, the study is grist for bilateral discussions on human rights and terrorism issues. We are convinced that such discussions are more than "lip service" for Verhagen. End Comment. GALLAGHER