US embassy cable - 05KUWAIT4813

C O N F I D E N T I A L SECTION 01 OF 06 KUWAIT 004813 
 
SIPDIS 
 
SIPDIS 
 
FOR NEA/ARPI AND PRM; LONDON FOR TSOU; PARIS FOR ZEYA 
 
E.O. 12958: DECL: 11/18/2015 
TAGS: PREL, PHUM, MARR, AORC, ICRC, KU, IZ, SA 
SUBJECT: 28TH MEETING OF THE TRIPARTITE COMMISSION:  28 
CASES CLOSED; PRAISE FOR IRAQI ROLE IN RECOVERING REMAINS 
 
Classified By: Ambassador Richard LeBaron for reasons 1.4(b) and (d). 
 
1.  (C)  Summary:  Kuwait hosted on November 15, the 28th 
meeting of the Tripartite Commission (TPC) on Gulf War 
Missing.  The session closed 28 cases (26 Kuwaitis, two 
Saudis, and one Iraqi), continued the mandate of the 
Technical Sub-Committee (TSC) for one year, and selected 
November 15, 2006 as the date of the next TPC meeting to be 
held in Geneva.  There were no contentious items and 
delegations, particularly the Kuwaitis and Saudis, were 
effusive in their praise of the cooperation received from the 
Iraqi Transitional Government (ITG).  Saudi delegation head 
Prince Turki expressed his appreciation for Iraqi recognition 
of the POW/missing issue as a humanitarian concern, 
explaining that the change in perspective facilitated greater 
cooperation.  During a November 14 bilateral with the U.S. 
delegation, ICRC meeting chair Balthasar Staehelin also 
commended Iraqi participation, but expressed concern that 
unless more Iraqi remains were found, the TPC would be 
subject to criticism that it was biased towards Kuwait.  He 
noted U.S. and MNF-I assistance in locating possible mass 
grave sites, and hoped that the Iraqi security situation 
would improve sufficiently to permit their excavation.  The 
Ambassador thanked Kuwait for testing its unidentified 
remains against a DNA sample of CAPT Michael Scott Speicher 
and restated that the U.S. considers the case to be open. 
The TPC was preceded by the 49th meeting of the Technical 
Sub-Committee on November 13.  End summary. 
 
Remains of 28 POWs Identified and Repatriated 
--------------------------------------------- 
 
2.  (SBU)  Kuwait hosted and the International Committee of 
the Red Cross (ICRC) convened the 28th meeting of the 
Tripartite Commission on Gulf War Missing on November 15. 
Delegations from the U.S., UK, France, Kuwait, Iraq, and 
Saudi Arabia met to review progress on locating, identifying, 
and repatriating the missing victims of the 1990-91 Gulf War. 
 The TPC closed the cases of 28 individuals (26 Kuwaitis, 2 
Saudis, and one Iraqi), bringing the grand total of mortal 
remains exhumed and identified to 227.  Of the cases closed 
the majority of the remains were found in Iraq:  2 sets in 
Samawa, seven in Karbala, 16 in Ramadi, and three in Al 
Amara.  The Iraqi case closed during the session was an 
individual recovered in Kuwait by a construction crew.  The 
GOK has 120 sets of remains which have not yet been 
identified.  The GOK tested these remains for the DNA of CAPT 
Michael Scott Speicher, but the results were negative. 
Speicher's DNA is now listed in the Kuwaiti database and will 
be compared against all future remains tested by the GOK. 
 
Enhanced Cooperation for Grave Site Visits 
------------------------------------------ 
 
3.  (C)  The Kuwaiti delegation announced its interest in 
continuing to examine grave sites at Nasseriya and Karbala. 
If the security situation does not permit a Kuwaiti 
investigative team to travel, however, Iraq again offered to 
provide sample remains for testing.  (Comment:  in July and 
October, The ITG provided mortal remains samples to Kuwait 
for DNA testing which the GOK appreciated.  Both the GOK and 
ICRC noted that such cooperation marked a new page in 
bilateral relations, commenting that even a year ago neither 
delegation would have trusted any sample offered by Iraq. 
End comment.)  The ICRC will lead a joint mission to Saudi 
Arabia to document missing Iraqis buried in Saudi cemeteries. 
 The Iraqi delegation offered to provide the GOK, through the 
ICRC, with the names of possible witnesses to the existence 
of mass graves, and also informed the TPC of a possible grave 
at Tel Al-Laham, possibly holding up to 600 sets of human 
remains.  The Kuwaiti, Saudi, and Iraqi delegations welcomed 
technical assistance from the U.S., UK, and France in 
improving their identification efforts, through technical 
experts, lab enhancements, or off-site testing. 
 
ICRC Generally Positive on the TPC Process 
------------------------------------------ 
 
4.  (C)  During a November 14 bilateral meeting with the 
Ambassador,  Balthasar Staehelin, TPC Chairman and ICRC 
Delegate-General for the Middle East and Africa, said the 
process was on track and praised the new degree of trust 
between the GOK and ITG.  He also expressed appreciation for 
the support given to the identification and repatriation of 
remains by coalition forces.  He voiced concern, however, 
about the image of the TPC if no Iraqi remains are found.  He 
noted the majority of the remains recovered have been Kuwaiti 
nationals and was troubled that critics would accuse the TPC 
of being biased, and attempt to drive a wedge between the GOK 
 
KUWAIT 00004813  002 OF 006 
 
 
ad ITG.  He reported the U.S. had previously provided 
coordinates for possible grave sites in Iraq and hoped 
security conditions would soon permit the excavation and 
identification of Iraqi victims. 
 
Opening Statements 
------------------ 
 
5.  (U)  ICRC 
 
On behalf of the International Committee of the Red Cross, I 
have the pleasure to welcome you to the 28th Tripartite 
Commission Meeting here in Kuwait. 
 
The past year has seen the consolidation of a positive 
dynamic of increasing trust and cooperation between the main 
concerned parties.  Without attempting to be exhaustive, I 
would like to cite a few examples illustrating this trend: 
 
--  after the 47th Technical Sub-Committee, the Iraqi 
delegation paid a two-day visit to the facilities of the 
Kuwaiti National Committee for Missing and POW Affairs 
following the invitation extended a year ago; 
--  the Tripartite Commission-related exhumations of mortal 
remains in Iraq were carried out in close cooperation between 
Iraq and Kuwait with the valuable support of the MNF-I 
providing security and logistical support; 
-- a new practice has emerged by which the Iraqi delegation 
provides samples of mortal remains exhumed in Iraq to Kuwait 
allowing a first analysis prior to a mission of Kuwaiti 
technical teams into Iraq; 
--  information has been forwarded by Saudi Arabia on marked 
burial sites of Iraqi citizens on its territory. 
 
Today the Tripartite Commission is set to close 30 cases. 
Sadly, all persons were found dead.  Nevertheless, this means 
that 30 families finally learn about the fate of their 
missing sons, brothers, husbands, that 30 families can start 
to mourn and to rebuild their lives.  (Note:    During the 
meeting, it became clear that Saudi and Kuwait had each 
submitted the names of the two Saudis identified.  Once the 
duplication was recognized, 28 cases were closed, not 30. 
End note.) 
 
While tangible progress has thus been made due to the joint 
efforts of all parties to this process, the number of cases 
solved is significantly lower than in the two previous years. 
 The paradox between an increase in cooperation and trust and 
a declining number of cases solved illustrates the 
difficulties of the work at hand.  Reliable information is 
hard to find, the field work is hampered by an extremely 
dangerous environment in Iraq, the forensic scientists cannot 
always achieve conclusive results. 
 
In spite of these difficulties, we have observed a strong 
commitment to the process and a determination to move it 
ahead with the shared goal of elucidating the fate of persons 
unaccounted for as a result of the 1990-91 war, regardless of 
their nationality. 
 
Acutely aware of the continuous plight of the concerned 
families, the ICRC remains fully engaged and committed to 
facilitate this humanitarian process in fulfillment of its 
mandate under international humanitarian law. 
 
6.  (U)  Iraq 
 
On behalf of the Iraqi delegation, I would like to present my 
thanks and gratitude to the State of Kuwait for hosting the 
28th meeting of the TPC and the 49th meeting of the TSC; also 
we appreciate the ICRC efforts and all members of the TPC for 
their continuous work to solve this humanitarian issue. 
 
Since the fall of the former Iraqi region, Iraq worked with 
all its abilities to participate with the concerned parties 
to reduce the suffering and to approach the decisive results 
for determining the fate of missing persons of all 
nationalities. 
 
Iraq is always ready to cooperate completely with all parties 
in the field of exchange of information to approach the 
decisive tangible results. 
 
Recently, Iraq took measures with spontaneous efforts to 
investigate and search for information about a mass grave 
site in Al Amara governorate presumably containing Kuwaiti 
nations. On the other hand, we coordinated with the Kuwaiti 
side under the supervision of the ICRC to test samples of the 
remains for identification.  An Iraqi technical team exhumed 
 
KUWAIT 00004813  003 OF 006 
 
 
the samples from the site in spite of the security 
difficulties and handed them over to the Kuwaiti side for DNA 
testing. 
 
Finally, I would like to reiterate my thanks and gratitude to 
the State of Kuwait for hosting the meeting, and appreciate 
the ICRC and all the members of the TPC for their staunch 
efforts in the humanitarian field and we hope for all parties 
to take an exerted action for serving this humanitarian issue. 
 
7.  (U)  Kuwait 
 
The State of Kuwait renews its special appreciation and 
gratitude to the ICRC and to all members of the Tripartite 
Commission for their continuous efforts in firmly pursuing 
this humanitarian issue.  In particular, Kuwait wishes to 
express warm appreciation to Multinational Forces in Iraq and 
to the Iraqi Security Forces for their active role in 
providing security around field operations for the search and 
retrieval of mortal remains. 
 
We also care to express our genuine thanks to the Iraqi 
government represented here by the Ministry of Human Rights 
for the excellent efforts they have exerted in pursuing 
specific information on one burial site which might contain 
remains of Kuwaiti nationals.  Details of this matter were 
discussed in the Technical Sub-Committee, but it was the 
Iraqi delegation which took the initiative of submitting the 
information, and it was the Iraqi authorities who provided 
samples of the mortal remains.  Therefore it is the positive 
attitude and noble gesture by the Iraqi authorities which 
really counts and deserves special highlighting in this 
meeting.  It is a perfect example of the spirit and conduct 
towards such a humanitarian matter that we all hoped for 
since establishment of the Tripartite Commission.  Again we 
express our thanks and appreciation to the Iraqi Government 
and to its delegation. 
 
The State of Kuwait welcomes recent political developments in 
Iraq, with Kuwait's deepest wish that such effort will be 
soon rewarded with further results in the normalization of 
the country, and with significant progress in solving all 
humanitarian issues that are still afflicting the Iraqi 
people in one way or another, including the issue that, once 
more, we are here to discuss.  Again, we reconfirm our 
commitment to sincerely work together in clarifying the fate 
of all missing persons, regardless of their nationalities. 
 
During our 27th meeting last year, we expressed legitimate 
satisfaction on the speed taken up by the search process 
after fall of the precious Iraqi regime, in particular with 
regards to the search for missing Kuwaitis.  In just about 
one year and one-half, we have been able to close one-third 
of all the cases submitted by Kuwait.  This significant 
achievement had been made possible especially through the 
climate of excellent cooperation between all parties 
involved, which allowed us to overcome quickly all obstacles 
found on the way, and which is still prevailing among us. 
 
Looking back, however, we shall recognize that the process 
has slowed down very significantly during the last twelve 
months.  The number of remains identified in this period lies 
far below the previous average, and concerns remains that had 
been exhumed during the first period.  No remains of any 
missing Kuwaiti has been identified in the last 6 months. 
 
We are, of course, perfectly aware of the reasons which have 
been determining this situation.  We are not in a position to 
blame anybody other than the poor security situation still 
existing around key burial sites in Iraq.  Yet, we are not 
allowed to underestimate the ordeal of families who are still 
awaiting the truth about the fate of their loved one. 
Fifteen years after the sad events which caused this human 
tragedy, we should not accept the idea of falling back into a 
period of stagnation reminiscent in any way of what was 
experienced in the past even if caused by totally different 
reasons. 
 
Until now, the efforts of this Commission and of its 
Technical Sub-Committee have been instrumental in identifying 
and excavating burial sites in Iraq.  Today, we are here to 
ask once more your irreplaceable support in keeping the 
process on the right track by exploring and finding, all 
together, fresh solutions to the new challenges; in 
particular, to the obstacle represented by the security 
situation around the burial sites. 
 
A word of appreciation goes to the personal efforts by the 
ICRC Regional Delegate for the Arabian Peninsula, Mr. Michel 
 
KUWAIT 00004813  004 OF 006 
 
 
Meyer.  Since 2000 when he took over this difficult 
responsibility, he put forth the best of efforts, even beyond 
official duties, to achieve the noble aims of this 
Commission.  We mention this on occasion of the end of Mr. 
Meyer's duty in the region.  We thank him and wish him 
success in his hew post. 
 
On behalf of the families of the martyred prisoners, we thank 
you for all the good results obtained until now, as well as 
for those that, hopefully, we are going to achieve all 
together in the near future. 
 
8.  (U)  Saudi Arabia 
 
It is my pleasure upon convening the 28th meeting of the 
Tripartite Commission to thank the International Committee of 
the Red Cross and all member delegations in the Commission 
for their continuous efforts to learn the fate of prisoners 
and missing persons.  I am also pleased on behalf of the 
Delegation of the Kingdom of Saudi Arabia to extend our 
gratitude for the brotherly Government of the State of Kuwait 
for hosting this meeting and for its hospitality and kind 
reception. 
 
The elimination of obstacles that were known to everyone, 
which stood in the way of progress in the undertakings of the 
Tripartite Commission and the Technical Sub-Committe has 
considerably influenced the progress of work assigned to the 
two entities and resulted in uncovering the fate of many 
prisoners and missing persons and thus to the closing of 
their files.  Although this may not be considered a happy 
concluding, nonetheless, knowing their fate would slightly 
alleviate the suffering of their families which lasted for 
may years.  We hope to know in the immediate future the fate 
of all the prisoners and missing persons in order to close 
the files. 
 
What has been accomplished in the past two years, despite of 
the brevity of time, and the deteriorating security 
conditions, should be considered a good outcome and ought to 
propel us to look ahead for more. The delegation of the 
Kingdom of Saudi Arabia affirmed on many occasions the need 
for finding expeditious solutions for this human tragedy. 
The families and relatives of prisoners and missing persons 
are still looking for confirmation of the fate of their sons 
and kinfolks for the last decade and one-half. 
 
Within this perspective, I would like to stress again the 
support of the Kingdom of Saudi Arabia to the Tripartite 
Commission, the Technical Sub-Committee and the principles of 
which they were established under the auspices of the 
International Committee for the Red Cross.  The Commission 
and the Technical Sub-Commitee are the acceptable and 
appropriate mechanisms to deal with humanitarian issues 
relating to the prisoners and missing persons.  Accordingly, 
there is a need for a commitment by all parties to the 
continuity of those two entities in fulfilling their mandates 
since they are the two bodies we all approved.  We should 
also discuss the steps and effective measures that could help 
us acquire a definitive conclusion for this human tragedy. 
 
Finally, I would like to reiterate my appreciation to the 
International Committee of the Red Cross and to members of 
the Tripartite Commission for their dedicated endeavors in 
this regard, wishing success for all concerned with the hope 
to put an end to this human suffering. 
 
9.  (U) U.S. 
 
The United States commends the International Committee of the 
Red Cross (ICRC) for its enduring commitment to resolve the 
status of the numerous Iraqis, Kuwaitis, Saudis, as well as 
the many others who failed to return home following the 
1990-1991 Gulf War.  We now know that many of these civilians 
and military personnel did not survive the  brutalities meted 
out by the regime of Saddam Hussein, and we are pleased to be 
a part of this international effort to acknowledge their 
sacrifices and console the families and friends who miss them. 
 
We would also like to extend our appreciation to the 
Government of Kuwait for hosting this 28th meeting of the 
Tripartite Commission (TPC).  Our presence here, in a country 
ravaged by the 1990-1991 war, is testimony to the progress 
achieved since that difficult period in our shared history. 
We applaud the continued cooperation of TPC 
members and look forward to a time when all victims have been 
identified and repatriated, and when we can work together on 
other issues to shape a more secure and prosperous future. 
 
 
KUWAIT 00004813  005 OF 006 
 
 
We welcome the attendance and participation of the delegation 
representing the Iraqi Transitional Government (ITG).  We 
applaud the ITG's dedication to building a strong, democratic 
Iraq and consider its close cooperation with its  neighbors 
on this humanitarian issue to be an important step in 
strengthening relations with its regional partners.  We hope 
that one day soon we will all be able to accept the 
invitation extended at our last meeting in Geneva to meet in 
Baghdad. 
 
Since our meeting last November, more grave sites have been 
discovered and more victims have been identified.  Still, 
many -- among them Kuwaitis, Saudis, Egyptians, Lebanese, 
countless Iraqis, many others, and our own CAPT Michael Scott 
Speicher -- remain missing.  It is our deepest hope that our 
joint efforts will help to locate these brothers and sisters, 
and console their families.  We appreciate the willingness of 
the Government of Kuwait to compare a sample of CAPT 
Speicher's DNA against its database of unidentified remains. 
While there was no match, we hope this approach will inspire 
additional creative ways to identify those murdered or 
missing as a result of Saddam Hussein's 
dictatorship.  Just as you are determined to locate and 
repatriate your countrymen, we are steadfast in our resolve 
to bring CAPT Speicher home, and are confident that together, 
we will achieve our goals.  Through this committee and 
bilaterally, we are prepared to help. 
 
10.  (U)  France and the UK did not deliver formal 
statements.  The French delegation offered, in general terms, 
technical assistance in identifying remains. 
 
Delegations 
----------- 
 
11.  (SBU) Iraq 
 
Hesham Al-Suhail, Head of Delegation 
Kazem A, Kazem 
Yaqoob Haider 
Ali M Thumad 
Thabit M. Hussain 
 
12.  (U)  Kuwait 
 
Dr. Ibrahim Al-Shaheen, Head of Delegation 
Mr. Rabea Al, Adsani 
Dr. Sultan Al-Khalaf 
Mr. Fozan Al-Fozan 
Dr. Mohammad Al-Hadad 
Ambassador Khaled Al-Maqamis 
 
13.  (U)  Saudi Arabia 
 
Prince Turki bin Mohammed bin Saud Al-Kabir, Head of 
Delegation 
M.G Ibrahim Al-Amro 
Khaled Al-Angari 
Dr. Abdulrahman Al-Shareif 
Mr. Ahmad M. Omar 
Mr. Fahad Al-Juraid 
 
14.  (U)  France 
 
Ambassador Corinne Breuze, Head of Delegation 
 
15.  (U)  UK 
 
CDA Jamie Bowden, Head of Delegation 
 
16.  (U)  U.S. 
 
Ambassador Richard LeBaron, Head of Delegation 
Natalie E. Brown 
Bruce R. Harder, Policy Advisor, Office of the Secretary of 
Defense, Defense POW/Missing Personnel Office 
 
17.  (U)  ICRC 
 
Balthasar Staehelin, TPC Chairman and Delegate-General for 
the Middle East and Africa 
Michel Meyer, TSC Chairman and Regional Delegate for the 
Arabian Peninsula 
Karl Anton Mattli, Head of Delegation ICRC Iraq 
Daniel Fasnacht, Deputy Head of Regional Delegation foe the 
Arabian Peninsula 
Micha Wedekind, Delegate for "Missing" file for Iraq 
 
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LEBARON