US embassy cable - 90KUWAIT4818

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