US embassy cable - 01STATE61624

S E C R E T STATE 061624 
 
E.O. 12958: DECL: 06/04/11 
TAGS: PREL, PTER, QA, AF 
SUBJECT: TALIBAN PROPOSAL FOR BIN LADEN ISLAMIC TRIBUNAL 
 
REF: (A) TD-315/12389-01 (B) STATE 54430 
     (C) NEA A/S WALKER - QATAR FM HAMAD BIN JASSIM AL 
         THANI TELCON 04/06/01 AT APPROX. 1400 EDT 
 
(U) CLASSIFIED BY NEA DAS ALLEN KEISWETTER, REASON 1.5 
(B) AND (D) 
 
 
1. (U) THIS IS AN ACTION REQUEST FOR DOHA. PLEASE SEE 
    PARA 3. 
 
2. (S) THERE HAVE BEEN REPORTS FROM VARIOUS SOURCES THAT 
DURING THE TALIBAN DELEGATION VISIT TO QATAR THE 
TALIBAN AND QATARIS MAY DISCUSS A TRIBUNAL OF MUSLIM 
SCHOLARS TO TRY USAMA BIN LADEN IN QATAR. REPORTEDLY, 
UNDER THIS FORMULA, IF THE U.S. OFFERED SUFFICIENT 
EVIDENCE AT THE TRIAL, THEN UBL COULD CONCEIVABLY FACE A 
SENTENCE BY THE ISLAMIC TRIBUNAL. IF THE TRIBUNAL DOES NOT 
FIND HIM GUILTY, THEN UBL WOULD PRESUMABLY BE CONSIDERED 
BY MANY TO BE EXONERATED. PER REFTELCON, QATARI FM HAMAD 
 
BIN JASSIM AL THANI (HBJ) TOLD NEA A/S WALKER ON APRIL 6 
THAT HE WAS UNAWARE OF ANY QATARI CONTACTS WITH THE 
TALIBAN ON THE ISSUE OF A TRIAL FOR UBL. THE ONLY 
CONTACTS OF WHICH HBJ WAS AWARE WAS THE CONTACT QATAR 
MADE, IN ITS OIC ROLE, TO URGE THE TALIBAN NOT TO DESTROY 
BUDDHIST ARTIFACTS AND STATUES. HBJ ADDED THE GOQ HAD NO 
INTENTION TO PURSUE SUCH A TRIAL. 
 
3. (S) NOTWITHSTANDING HBJ'S DENIAL OF ANY QATAR-TALIBAN 
CONTACT ON THIS ISSUE, PUBLIC DISCUSSION OF THIS TRIBUNAL 
OR ANY OTHER OPTION FOR TRYING UBL DURING THE TALIBAN HIGH 
LEVEL VISIT WOULD ONLY SERVE TO CONFUSE THE ISSUE OF 
TALIBAN COMPLIANCE WITH THE RESOLUTIONS. THE SPECIFIC 
OPTION MENTIONED IN REF A IS ALSO UNACCEPTABLE TO THE U.S. 
FOR A VARIETY OF REASONS, INCLUDING THE FACT THAT IT WOULD 
ATTEMPT TO FORCE THE U.S. TO PRESENT EVIDENCE AGAINST BIN 
LADEN OUTSIDE OF U.S. JURISDICTION. IT IS ALSO UNCERTAIN 
WHETHER THIS PROPOSAL WOULD MEET THE TERMS OF UN 
RESOLUTIONS 1267 AND 1333.   AMBASSADOR MCKUNE IS 
REQUESTED TO DELIVER THE FOLLOWING POINTS TO HBJ OR 
ANOTHER QATARI GOVERNMENT OFFICIAL AT A SUITABLE LEVEL: 
 
4. (SECRET/REL QATAR) 
-- WE ARE HEARING RUMORS THAT THE TALIBAN MAY PROPOSE TO 
HOLD A TRIAL FOR USAMA BIN LADEN IN A THIRD COUNTRY. 
 
-- WE UNDERSTAND THERE HAS BEEN NO SUCH APPROACH TO THE 
GOVERNMENT OF QATAR, BUT WE WANT YOU TO BE AWARE OF OOUR 
VIEWS. WITHOUT STUDYING THE DETAILS OF ANY SUCH PROPOSAL, 
WE SERIOUSLY QUESTION WHETHER A THIRD COUNTRY TRIAL WOULD 
MEET THE REQUIREMENTS THE SECURITY COUNCIL HAS LAID DOWN. 
 
-- AS YOU KNOW, BIN LADEN IS UNDER INDICTMENT IN THE US, 
AND OUR POSITION IS THAT WE WANT HIM FOR TRIAL IN THE US. 
IF THE TALEBAN HAVE A SERIOUS PROPOSAL, THEY SHOULD 
PRESENT IT TO THE US. 
 
-- YOU MAY TELL THE TALIBAN THAT THE CONTENTS OF YOUR 
CONVERSATIONS WILL BE SHARED WITH THE UNITED STATES. 
 
 
POWELL