TFKUO1: TIGHTENING THE NOOSE ON IRAQ

S E C R E T KUWAIT 04818



E.O. 12356 DECL: OADR

TAGS:PREL, MOPS, CASC, PINS, SHUM, SREF, KU, IZ, UNSC

SUBJECT:TFKUO1: TIGHTENING THE NOOSE ON IRAQ



1. SECRET - ENTIRE TEXT



2. NOW THAT WE HAVE OBTAINED UNSC RESOLUTION AUTHORIZING THE

USE OF FORCE TO ENFORCE THE SANCTIONS AGAINST IRAQ, I PRESUME

THAT IT WOULD BE USEFUL TO KEEP THE UNSC ACTIVELY ENGAGED AND

RATCHET UP THE REAL AND PSYCHOLOGICAL PRESSURE ON IRAQ AT THE

SAME TIME. FROM MY PERSPECTIVE, IT APPEARS THAT THIS MIGHT BE

DONE BY BEGINNING TO SET UP MECHANISMS TO HOLD THE GOI AND

IDENTIFIABLE GOI OFFICIALS COLLECTIVELY AND INDIVIDUALLY

RESPONSIBLE FOR THEIR ACTIONS IN CONTRAVENTION OF THE LAW OF

NATIONS AND SPECIFIC UNSC RESOLUTIONS.



3. AS A FIRST CUT, IT SEEMS FROM HERE THAT WE MIGHT CONSIDER

TWO DISTINCT TRACKS SEPERATELY OR IN TANDEM:



-- CRIMES AGAINST INTERNATIONAL LAW, HUMANITY AND WAR CRIMES:

THE FIRST TRACK WOULD BE A TRIBUNAL, BASED UPON THE

NUREMBURG PRECENDENT, TO TRY PERSONS CRIMINALLY WHO

FORMULATE, PUBLICIZE, IMPLEMENT OR JUSTIFY ACTIONS IN

CONTRAVENTION OF POSITIVE INTERNATIONAL LAW AND NORMS OF

COMITY. THE TREATMENT OF FOREIGN NATIONALS IN IRAQ AND

IRAQI-OCCUPIED KUWAIT, AGAINST KUWAITIS AS A RESULT OF

THE IRAQI AGGRESSION, FORCED LABOR, DENIAL OF CRITICAL

MEDICAL CARE AND TREATMENT, ETC. WOULD FALL WITHIN THIS

CATEGORY.



-- REPARATIONS TO THE GOVERNMENT OF KUWAIT, FOREIGN

GOVERNMENTS AND PRIVATE KUWAITI AND FOREIGN CITIZENS FOR

LOSSES, THEFT, WRONGFUL IMPRISONMENT, ETC. SUCH ACTIVITY

WOULD HELP TO DRIVE HOME TO THE IRAQI REGIME THAT THE

INTERNATIONAL COMMUNITY NOT ONLY WILL NOT PERMIT IT TO RETAIN

OR BENEFIT FROM ITS AGGRESSION AGAINST KUWAIT, BUT WILL HOLD IT

LIABLE FOR THE FINANCIAL AND OTHER HARM DONE BY ITS ANNOUNCED

POLICIES. IT WOULD ALSO LAY THE BASIS FOR THE USG, AND OTHER

GOVERNMENTS, TO RECOVER COSTS OF DESTRUCTION, EVACUATION, ETC.

AND GOVERNMENT PERSONNEL AND PRIVATE CITIZENS TO RECOVER LOSSES

OF PERSONAL PROPERTY RESULTING FROM THE IRAQI INVASION.





HOWELL