US embassy cable - 02KUWAIT5482

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 005482 
 
SIPDIS 
 
 IMMEDIATE 
 
E.O. 12958: DECL: 12/22/2012 
TAGS: PREL, KPOW, IZ, KU, ICRC 
SUBJECT: (C) MEETING OF TRIPARTITE COMMISSION ON GULF WAR 
MISSING, GENEVA, DECEMBER 18, 2002 
 
REF: KUWAIT 05293 
 
1. (C) As pre-arranged, the Tripartite Commission on Gulf War 
Missing and POWs (TPC) met in Geneva December 18 and approved 
a rule suspension designed to revive Iraqi participation 
after 4 years of boycott.  The minutes (text at paragraph 2 
below) were pre-agreed.  Iraq signed them in Baghdad early 
Dec. 18 in the presence of ICRC, which faxed them to Geneva. 
The other members then gathered to sign the minutes which 
were faxed to Baghdad.  Each member state kept an original of 
the document it signed, and will in due course receive an 
original of the other via ICRC pouch. 
 
2. (C) Text of the Minutes follows: 
 
BEGIN TEXT: 
 
Minutes of the 24th Tripartite Commission Meeting 
18 December 2002 
 
1. On 18 December 2002 the 24th session of the Tripartite 
Commission took place. 
 
2. The Tripartite Commission agreed to extend the mandate of 
the Technical Sub-Committee until the next meeting of the 
Tripartite Commission. 
 
3.  The Tripartite Commission formally endorsed the following: 
 
To suspend the Technical Sub-Committee's quorum rule No 8 for 
a period of four (4) months as permitted by rule No 16 in 
order to allow meetings between Iraq and any other Tripartite 
Commission member to address cases previously discussed in 
the Tripartite Commission in the presence of a third 
Tripartite Commission member mutually agreed between Iraq and 
the other party. 
 
4. The Tripartite Commission took note that the Republic of 
Iraq, the State of Kuwait and the Kingdom of Saudi Arabia 
agree to meet under the provisions of point 3 above.  The 
first meeting will take place at 09h00 on 8 January 2003 at 
the ICRC Delegation in Amman, Jordan.  This does not preclude 
other member states meeting with Iraq under the provisions of 
point 3 above. 
 
5. The Tripartite Commission decided to hold its next meeting 
in Geneva on 16 April 2003. 
 
/s/ 
H.E. Ambassador Bernard Kessedjian 
Republic of France 
 
/s/ 
H.E. Ambassador Abdulwahab 
Abdulsalam Attar 
Kingdom of Saudi Arabia 
 
/s/ 
Dr. Abdelmenhem Al-Qadhi 
Republic of Iraq 
 
/s/ 
H.E. Ambassador Simon W. J. Fuller 
United Kingdom of Great Britain 
and Northern Ireland 
 
/s/ 
Dr. Ibrahim Al-Shaheen 
State of Kuwait 
 
/s/ 
H.E. Ambassador Richard H. Jones 
United States of America 
 
Geneva, 18 December 2002 
 
END TEXT. 
 
3. (C) All delegations were given a chance to speak after the 
signing ceremony, though their statements were not for the 
formal record.  Only Kuwait and the USG spoke substantively, 
with Kuwait hoping this "breakthrough" would bring progress 
on all cases including that of U.S. Naval aviator Captain 
Michael Scott Speicher.  Ambassador Jones delivered the 
following remarks which ICRC undertook to convey to Iraq: 
 
BEGIN TEXT: 
 
USG remains committed to fullest possible accounting for all 
POWs and missing persons from the Gulf War, including Iraqis. 
 
TPC is the internationally-recognized apolitical forum for 
direct discussions among the parties to the conflict to 
address these issues. 
 
USG deeply appreciates the tireless efforts of ICRC as chair 
of the TPC, and in its unique capacity as neutral 
humanitarian organization. 
 
The case of Captain Michael Scott Speicher is still very much 
open.  His formal status based on the available evidence is 
"Missing - Captured." 
We call upon Iraq to provide without further delay all 
information in its possession as to Captain Speicher's fate 
and whereabouts.  This is both a humanitarian obligation and 
an international legal obligation. 
Under the temporary suspension of the TSC quorum rule, USG 
will wish to meet with Iraq for substantive discussion of the 
Speicher case, at an appropriate time, and of any cases the 
Government of Iraq may wish to raise. 
 
Decision whether to extend the suspension of the TSC quorum 
rule will depend on whether this experimental arrangement 
leads to real progress to resolve outstanding cases not just 
holding meetings for the sake of holding meetings. 
 
END TEXT. 
 
4. (C) As ICRC noted and promised to stress to Iraq, the 
decision on whether to extend the rule suspension will depend 
on tangible results. 
 
 
JONES