Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Message Text PAGE 01 NATO 00453 271433Z ACTION EUR-12 INFO OCT-01 IO-13 ISO-00 EURE-00 SSO-00 NSCE-00 USIE-00 INRE-00 CIAE-00 PM-04 INR-07 L-03 ACDA-07 NSAE-00 PA-01 SS-15 PRS-01 SP-02 TRSE-00 SAJ-01 DHA-02 069 W ------------------271442Z 067982 43 O R 271354Z JAN 77 FM USMISSION NATO TO SECSTATE WASHDC IMMEDIATE 1376 SECDEF WASHDC IMMEDIATE INFO AMEMBASSY BONN USMISSION GENEVA USMISSION USUN NEW YORK C O N F I D E N T I A L USNATO 0453 E O 11652 GDS TAGS NATO PFOR PARM ICRC SUBJ NATO CONSIDERATION OF DRAFT PROTOCOL ON INTERNATIONAL LAW IN ARMED CONFLICT REF USNATO 372 DTG 211917Z JAN 77 1 THERE FOLLOWS BELOW THE TEXT OF SPEAKING NOTES ON WHICH FRG REP DREW AT JANUARY 25 POLADS MEETING IN PRESENTING FRG VIEWS ON SECURITY IMPLICATIONS FOR THE ALLIANCE OF PROVISIONS OF THE FIRST ADDITIONAL PROTOCOL TO THE GENEVA CONVENTION FRG REP HAS DISTRIBUTED PAPER TO POLADS 2 IN INTRODUCING SUBJECT FRG REP SAID HE HOPED IT WOULD BE POSSIBLE TO DISCUSS THIS MATTER IN POLADS AND THAT SUBSEQUENTLY PERMREPS COULD ALSO REVIEW THIS SUBJECT HE MENTIONED AS WELL THE DESIRE OF HIS AUTHORITIES FOR A MILITARY COMMITTEE STUDY OF THE MILITARY IMPLICATIONS OF THE PROTOCOL BUT DID NOT ADDRESS THE QUESTION OF WHEN SUCH A STUDY SHOULD CONFIDENTIAL PAGE 02 NATO 00453 271433Z BEGIN 3 FRENCH REP SAID HER AUTHORITIES SHARED FRG CONCERNS REGARDING THE PROTOCOL AND FAVORED A MILITARY COMMITTEE STUDY OF THIS MATTER 4 ACTION REQUESTED ANY SPECIFIC POINTS WE SHOULD MAKE REGARDING FRG SPEAKING NOTES IF POSSIBLE IN TIME FOR FEBRUARY 1 POLAD'S MEETING Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 5 BEGIN TEXT OF FRG SPEAKING NOTES 1 IT HAS TO BE EXPECTED THAT THE GENEVA DIPLOMATIC CONFERENCE ON THE REAFFIRMATION AND DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW APPLICABLE IN ARMED CONFLICTS WILL END WITH ITS FOURTH SESSION WHICH WILL BEGIN IN THE SPRING AND TERMINATE IN MID-JULY 1977 AND THAT THE PROTOCOLS WILL THEN BE OPEN FOR SIGNATURE IN VIEW OF THIS WE SUGGEST THAT THE ALLIANCE SHOULD EXAMINE THE POSSIBLE IMPLICATIONS ESPECIALLY OF THE PROVISIONS FOR THE PROTECTION OF THE CIVIL POPULATION CONTAINED IN SECTIONS III AND IV OF PROTOCOL NO I ON THE DEFENCE PLANNING OF THE ALLIANCE SINCE IT CANNOT BE RULED OUT THAT SOME ARTICLES WILL CALL INTO QUESTION THE ADMISSIBILITY UNDER INTERNATIONAL LAW OF OUR PRESENT DEFENCE PLANNING 2 THIS CONCERN RELATES TO SOME OF THE NEW WARFARE PROVISIONS IN PART III AND PART IV OF ADDITIONAL PROTOCOL NO I NOTABLY ITS ARTICLES 33 AND 34 AND 46 TO 51 A CRITICAL VIEW IS TAKEN OF THE PROHIBITION OF -ATTACKS NOT DIRECTED AT A SPECIFIC OBJECTIVE -ATTACKS USING METHODS AND MEANS OF COMBAT WHICH CANNOT BE DIRECTED AT A SPECIFIC MILITARY OBJECTIVE -ATTACKS WHOSE EFFECTS CANNOT BE LIMITED TO THE MILITARY OBJECTIVE IN VIEW OF THE MAJORITIES TO BE EXPECTED AT THE CONFERENCE WE DO NOT EXPECT ANY DECISIVE CHANGES OF THESE PROVISIONS AT THE CONFIDENTIAL PAGE 03 NATO 00453 271433Z FINAL SESSION 3 THE NEGATIVE EFFECTS WITH WHICH THE ALLIES MIGHT BE FACED CONCERNING NATO'S CONCEPT OF DETERRENCE AND DEFENCE INCLUDING ITS NUCLEAR COMPONENT COULD BE AS FOLLOWS -A BAN ON THE USE OF NUCLEAR WEAPONS ESPECIALLY IN THE DENSELY-POPULATED REGION OF CENTRAL EUROPE -A DRASTIC REDUCTION OF THE POSSIBILITIES OF CONVENTIONAL WARFARE 4 AN ADDITIONAL PROBLEM WILL ARISE ESPECIALLY FOR THE FEDERAL REPUBLIC OF GERMANY FROM THE FACT THAT ITS NATIONAL LAWS PERMIT THE INDIVIDUAL SOLDIER TO LEDGE COMPLAINTS WITH A COURT OF LAW AGAINST THE SERVICE AND TRAINING REGULATIONS OF THE FEDERAL ARMED FORCES THE COMPATIBILITY OF NATO'S DEFENCE CONCEPT WITH THE NEW RULES OF INTERNATIONAL LAW MIGHT THUS BECOME THE SUBJECT-MATTER OF PROCEEDINGS BEFORE A SUPREME COURT END TEXT STRAUSZ-HUPE CONFIDENTIAL END OF DOCUMENT Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Message Attributes Automatic Decaptioning X Capture Date 30-Aug-1999 12 00 00 am Channel Indicators n a Current Classification UNCLASSIFIED Concepts n a Control Number n a Copy SINGLE Sent Date 27-Jan-1977 12 00 00 am Decaption Date 01-Jan-1960 12 00 00 am Decaption Note Disposition Action RELEASED Disposition Approved on Date Disposition Case Number n a Disposition Comment 25 YEAR REVIEW Disposition Date 22 May 2009 Disposition Event Disposition History n a Disposition Reason Disposition Remarks Document Number 1977NATO00453 Document Source ADS Document Unique ID 00 Drafter n a Enclosure n a Executive Order 11652 GDS Errors n a Expiration Film Number n a Format TEL From NATO Handling Restrictions n a Image Path ISecure 1 Legacy Key link1977 newtext t19770191 baaabblt tel Line Count 106 Litigation Code IDs Litigation Codes Litigation History Locator TEXT ON-LINE Message ID 7f9484de-c288-dd11-92da-001cc4696bcc Office ACTION EUR Original Classification CONFIDENTIAL Original Handling Restrictions n a Original Previous Classification n a Original Previous Handling Restrictions n a Page Count 2 Previous Channel Indicators Previous Classification CONFIDENTIAL Previous Handling Restrictions n a Reference USNATO 372 DTG 211917Z JAN 77 Retention 0 Review Action RELEASED APPROVED Review Content Flags Review Date 29-Sep-2004 12 00 00 am Review Event Review Exemptions n a Review Media Identifier Review Release Date n a Review Release Event n a Review Transfer Date Review Withdrawn Fields n a SAS ID 3680938 Secure OPEN Status NATIVE Subject NATO CONSIDERATION OF DRAFT PROTOCOL ON INTERNATIONAL LAW IN ARMED CONFLICT TAGS NATO PFOR PARM ICRC To STATE SECDEF MULTIPLE Type TE vdkvgwkey odbc SAS SAS dbo SAS_Docs 7f9484de-c288-dd11-92da-001cc4696bcc Review Markings Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Markings Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009