Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 22 May 2009 Message Text UNCLASSIFIED PAGE 01 GENEVA 04637 01 OF 02 100939Z ACTION L-03 INFO OCT-01 IO-14 ISO-00 DHA-02 PM-04 ACDA-10 OIC-02 DPW-01 CIAE-00 H-02 INR-07 NSAE-00 NSC-05 PA-02 PRS-01 SP-02 SS-15 USIA-15 AF-10 ARA-14 EA-09 EUR-12 NEA-10 141 W ------------------101048Z 015923 16 R 100909Z JUN 77 FM USMISSION GENEVA TO SECSTATE WASHDC 8115 INFO SECDEF WASHDC JCS WASHDC USMISSION USUN NEW YORK UNCLAS SECTION 1 OF 2 GENEVA 4637 DOD ALSO PASS TO AF JA NAVY JAG DAJA-IA DCPA EO 11652 NA TAGS ICRC PARM PFOR SUBJ CONFERENCE ON INTERNATIONAL HUMANITARIAN LAW - FINAL STATEMENT 1 FOLLOWING IS FINAL STATEMENT MADE BY AMB ALDRICH WHICH SUMMARIZES THE VIEWS OF THE DELEGATION ON THE ACCOMPLISHMENTS OF THE CONFERENCE BEGIN TEXT THE UNITED STATES WELCOMES THE ADOPTION OF PROTOCOL I WE ARE SATISFIED THAT THIS PROTOCOL REPRESENTS A MAJOR ADVANCE IN INTERNATIONAL HUMANITARIAN LAW AN ADVANCE OF WHICH THIS CONFERENCE CAN BE PROUD WE HOPE THAT IT WILL BE SIGNED AND RATIFIED BY ALL THE STATES REPRESENTED IN THIS CONFERENCE THE DELEGATION OF THE US IS PARTICULARLY HAPPY TO WELCOME THE INCLUSION IN THE PROTOCOL OF THE PROVISIONS ON THE PROTECTION OF MEDICAL AIRCRAFT WHICH WILL UNCLASSIFIED UNCLASSIFIED PAGE 02 GENEVA 04637 01 OF 02 100939Z FOR THE FIRST TIME GIVE SUCH AIRCRAFT SIGNIFICANT IMMUNITY FROM ATTACK WE ALSO WELCOME THE ARTICLES DESIGNED TO ENSURE ACCOUNTING FOR THOSE WHO ARE MISSING IN ACTION AND THE PROTECTION OF THE REMAINS OF THE DEAD WE BELIEVE THE PROVISIONS ON PROTECTING POWERS ALTHOUGH THEY FALL SHORT OF OUR DESIRES REPRESENT AN IMPROVEMENT 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 OVER THE GENEVA CONVENTIONS AND WILL AT LEAST MAKE IT MORE DIFFICULT AND EMBARRASSING IN THE FUTURE FOR A STATE TO REFUSE TO PERMIT EXTERNAL OBSERVATION OF HOW IT TREATS ITS PRISONERS IN THIS CONNECTION WE WELCOME THE CLEAR STATEMENT IN THE PREAMBLE THAT NO PERSON PROTECTED BY THE CONVENTIONS OR THE PROTOCOL CAN BE DENIED THESE PROTECTIONS THROUGH CHARGES OF AGGRESSION AND THE STATEMENT IN ARTICLE 44 THAT A SOLDIER CANNOT BE DEPRIVED OF HIS STATUS AS A PRISONER OF WAR BY ALLEGATIONS OF WAR CRIMES HISTORY HAS SHOWN UNFORTUNATELY THAT PROTECTIONS SUCH AS THESE ARE NEEDED THE DELEGATION OF THE US LOOKS WITH SATISFACTION ON A NUMBER OF OTHER IMPORTANT ADVANCES IN THE LAW MADE BY THIS PROTOCOL IN PARTICULAR WE NOTE THE PROHIBITION OF INDISCRIMINATE ATTACKS INCLUDING TARGET AREA BOMBARDMENT IN CITIES THE CLEAR AND HELPFUL DEFINITION OF MILITARY OBJECTIVES THE PROHIBITION OF STARVATION OF CIVILIANS AS A METHOD OF WARFARE AND OF DESTRUCTION OF CROPS AND FOOD SUPPLIES AND THE SPECIAL PROTECTION WITH REASONABLE EXCEPTIONS ACCORDED DAMS DIKES AND NUCLEAR POWER STATIONS MY DELEGATION BELIEVES THE CONFERENCE CAN TAKE SATISFACTION IN HAVING ACHIEVED THE FIRST CODIFICATION OF THE CUSTOMARY LAW RULE OF PROPORTIONALITY IN HAVING WORKED OUT A GOOD DEFINITION OF MERCENARIES THAT SHOULD NOT BE OPEN TO ABUSE AND IN SETTING MINIMUM HUMANITARIAN STANDARDS THAT MUST BE ACCORDED TO ANYONE WHO IS NOT ENTITLED TO BETTER TREATMENT DURING THESE PLENARY SESSIONS WE HAVE ALREADY COMMENTED UNCLASSIFIED UNCLASSIFIED PAGE 03 GENEVA 04637 01 OF 02 100939Z ON A NUMBER OF ARTICLES WHICH BECAUSE OF COMPROMISE OR VAGUE LANGUAGE REQUIRED CLARIFICATION I SHALL NOT REPEAT THOSE PREVIOUS STATEMENTS BUT THERE ARE A FEW REMAINING QUESTIONS ON WHICH I WISH TO COMMENT THE PROBLEM OF ASSURING COMPLIANCE WITH THE CONVENTIONS AND THE PROTOCOL NOT ONLY BY INDIVIDUALS BUT ALSO BY GOVERNMENTS IS EXTRAORDINARILY DIFFICULT IN ADDITION TO THE PROVISION ON PROTECTING POWERS WE WELCOME THE EMPHASIS PLACED ON DISSEMINATION ON THE PROVISION FOR LEGAL ADVISORS TO THE MILITARY FORCES AND ON THE RESPONSIBILITY OF COMMANDERS AND OTHERS IN AUTHORITY TO TAKE STEPS TO PREVENT VIOLATIONS THESE PROVISIONS WILL PROMOTE INCREASED TRAINING FOR BOTH CIVILIANS AND THE ARMED FORCES AND SUCH TRAINING IS NECESSARY TO IMPROVE COMPLIANCE WITH THE LAW THE STRUCTURE OF GRAVE BREACHES ESTABLISHED IN THE CONVENTIONS WAS TAKEN OVER BY THE PROTOCOL AND ENLARGED UPON WE WELCOME THE PROVISION ON GRAVE BREACHES BUT IN ORDER TO AVOID POSSIBLE MISUNDERSTANDING WE WOULD 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 EMPHASIZE THAT TO CONSTITUTE A GRAVE BREACH AN ACT MUST VIOLATE ONE OR MORE SUBSTANTIVE RULES OF THE PROTOCOL OR THE CONVENTIONS THE PROVISIONS ON RESPONSIBILITY AND COOPERATION OF GOVERNMENTS ARE IMPORTANT FOR THE REAFFIRMATION OF EXISTING LAW HOWEVER AS BETWEEN ADVERSARIES RECIPROCITY AND MUTUALITY OF INTEREST REMAIN PERHAPS THE MOST POWERFUL PRESSURES FOR COMPLIANCE THE PROTOCOL HAS GONE FAR TO REMOVE THE DETERRENT OF REPRISALS THIS HAS BEEN DONE FOR UNDERSTANDABLE AND COMMENDABLE REASONS IN VIEW OF PAST ABUSES UNCLASSIFIED NNN UNCLASSIFIED PAGE 01 GENEVA 04637 02 OF 02 100953Z ACTION L-03 INFO OCT-01 IO-14 ISO-00 DHA-02 PM-04 ACDA-10 OIC-02 DPW-01 CIAE-00 H-02 INR-07 NSAE-00 NSC-05 PA-02 PRS-01 SP-02 SS-15 USIA-15 AF-10 ARA-14 EA-09 EUR-12 NEA-10 141 W ------------------101050Z 016028 16 R 100909Z JUN 77 FM USMISSION GENEVA TO SECSTATE WASHDC 8116 INFO SECDEF WASHDC JCS WASHDDC USMISSION USUN NEW YORK UNCLAS SECTION 2 OF 2 GENEVA 4637 DOD ALSO PASS TO AF JA INAVY JAG DAJA-IA DCPA HOWEVER IN THE EVENT OF MASSIVE AND CONTINUING VIOLATIONS OF THE CONVENTIONS AND THE PROTOCOL THIS SERIES OF PROHIBITIONS ON REPRISALS MAY PROVE UNWORKABLE MASSIVE AND CONTINUING ATTACKS DIRECTED AGAINST A NATION'S CIVILIAN POPULATION COULD NOT BE ABSORBED WITHOUT A RESPONSE IN KIND BY DENYING THE POSSIBILITY OF SUCH A RESPONSE AND NOT OFFERING ANY WORKABLE SUBSTITUTE THE PROTOCOL IS UNREALISTIC AND IN THAT RESPECT CANNOT BE EXPECTED TO WITHSTAND THE TEST OF FUTURE ARMED CONFLICTS AS I MENTIONED EARLIER THE GOVERNMENT OF THE US CONSIDERS THAT THE PROTOCOL IS DESIGNED TO AFFORD THE GREATEST POSSIBLE PROTECTION TO CIVILIANS AND OTHER 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 VICTIMS OF WAR DURING INTERNATIONAL ARMED CONFLICT TO THAT END IT IMPOSES A NUMBER OF SIGNIFICANT RESTRAINTS ON THE USE OF MEANS AND METHODS OF WARFARE FROM THE OUTSET OF THE CONFERENCE IT HAS BEEN OUR UNDERSTANDING THAT THE RULES TO BE DEVELOPED HAVE BEEN DESIGNED WITH A VIEW TO CONVENTIONAL WEAPONS DURING THE COURSE OF THE CONFERENCE UNCLASSIFIED UNCLASSIFIED PAGE 02 GENEVA 04637 02 OF 02 100953Z WE DID NOT DISCUSS THE USE OF NUCLEAR WEAPONS IN WARFARE WE RECOGNIZE THAT NUCLEAR WEAPONS ARE THE SUBJECT OF SEPARATE NEOGITATIONS AND AGREEMENTS AND FURTHER THAT THEIR USE IN WARFARE IS GOVERNED BY THE PRESENT PRINCIPLES OF INTERNATIONAL LAW IT IS THE UNDERSTANDING OF THE UNITED STATES THAT THE RULES ESTABLISHED BY THIS PROTOCOL WERE NOT INTENDED TO HVE ANY EFFECT ON AND DO NOT REGULATE OR PROHIBIT THE USE OF NUCLEAR WEAPONS IWE FURTHER BELIEVE THAT THE PROBLEM OF REGULATION OF NUCLEAR WEAPONS REMAINS AN URGENT CHALLENGE TO ALL NATIONS WHICH MUST BE DEALT WITH IN OTHER FORUMS AND BY OTHER AGREEMENTS WITH RESPECT TO PROTOCOL II WE WERE HAPPY TO JOIN IN THE CONSENSUS AND WE SHALL ENCOURAGE THE SUCCESSFUL APPLICATION OF THE PROTOCOL MY GOVERNMENTSUPPORTS THE POSITION THAT INTERNATIONAL CONCERN FOR HUMANITARIANISM IN ARMED CONFLICT CANNOT BE LIMITED TO INTERNATIONAL CONFLICTS HOWEVER WE RECOGNIZE THAT THE EXTENT OF INTERNATIONAL REGULATION IN CONFLICTS NOT OF AN INTERNATIONAL CHARACTER MUST BE CONSIDERABLY NARROWER TO TAKE ACCOUNT OF THE SOVEREIGN RESPONSIBILITY OF THE GOVERNMENT CONCERNED THE FACT THAT STATES HAVE OFTEN BEEN UNWILLING TO ACKNOWLEDGE THE APPLICABILITY OF ARTICLE 3 COMMON TO THE CONVENTIONS SHOULD HAVE BEEN A STERN WARNING TO THE CONFERENCE TO TEMPER OVERLY AMBITIOUS GOALS AND TO AVOID EVEN THE SUGGESTION OF INTERFERENCE WITH THE SOVEREIGN AUTHORITY OF STATES BEYOND THAT MINIMUM REQUIRED TO MANDATE HUMANITARIAN TREATMENT FOR ALL PERSONS AFFECTED BY THE CONFLICE ULTIMATELY THE CONFERENCE CAME TO SHARE THIS VIEW AND THE PROTOCOL WE HAVE JUST ADOPTED SHOULD UPON CAREFUL STUDY PROVE ACCEPTABLE TO MOST GOVERNMENTS IN THIS CONNECTION I WOULD LIKE TO EXPRESS OUR DEEP APPRECIATION TO THE REPRESENTATIVE OF CANADA MR MILLER AND TO THE REPRESENTATIVE OF PAKISTAN JUDGE HUSSAIN WITHOUT THEIR VISION AND UNTIRING EFFORTS WE WOULD NOT HAVE A PROTOCOL II UNCLASSIFIED UNCLASSIFIED PAGE 03 GENEVA 04637 02 OF 02 100953Z 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 IT WAS WITH FULL APPRECIATION OF THE PRACTICAL PROBLEMS CREATED BY ATTEMPTS TO DEVELOP REGULATIONS FOR INTERNAL CONFLICTS AND WITH THE PRACTICE OF STATES WITH RESPECT TO COMMON ARTICLE 3 BEHIND US THAT MY GOVERNMENT SOUGHT A PROTOCOL II WITH A LOW THRESHOLD OF VIOLENCE REQUIRED TO BRING IT INTO EFFECT WE ARE DISAPPOINTED THAT THE CONFERENCE ADOPTED A PROTOCOL II WITH A RELATIVELY HIGH THRESHOLD WE FEAR THAT WHILE THE PROTOCOL SHOULD NOT IN ANY SIGNIFICANT WAY INFRINGE UPON THE SOVEREIGNTY OF ANY STATE AND THEREFORE SHOULD BE WIDELY ACCEPTED THE HIGH THRESHOLD OF VIOLENCE REQUIRED BY ARTICLE 1 WILL SERVE AS A CONVENIENT EXCUSE TO REFUSE TO ADMIT ITS APPLICABILITY EXCEPT IN VERY LIMITED SITUATIONS ACCORDINGLY WHILE WELCOMING PROTOCOL II WE ARE FORCED TO QUESTION THE EXTENT TO WHICH IT ADVANCES THE CAUSE OF HUMANITARIANISM IN NONINTERNATIONAL ARMED CONFLICTS BEYOND THAT ALREADY EMBODIED IN ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS OF 1949 NEVERTHELESS WE CAN HOPE THAT PROTOCOL II WILL PROVE TO BE A SIGNIFICANT FORCE FOR GREATER HUMANITY IN CIVIL WARS ONLY TIME WILL TELL MY GOVERNMENT IN ANY EVENT WILL SUPPORT THIS PROTOCOL AND HOPES THAT IT WILL BE BROADLY SUPPORTED BY THE NATIONS OF THE WORLD END TEXT SORENSON UNCLASSIFIED NNN 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 01-Jan-1994 12 00 00 am Channel Indicators n a Current Classification UNCLASSIFIED Concepts HUMAN RIGHTS MEETING DELEGATIONS SPEECHES LAW OF WAR FOREIGN POLICY POSITION Control Number n a Copy SINGLE Sent Date 10-Jun-1977 12 00 00 am Decaption Date 01-Jan-1960 12 00 00 am Decaption Note Disposition Action n a Disposition Approved on Date Disposition Case Number n a Disposition Comment Disposition Date 01-Jan-1960 12 00 00 am Disposition Event Disposition History n a Disposition Reason Disposition Remarks Document Number 1977GENEVA04637 Document Source CORE Document Unique ID 00 Drafter n a Enclosure n a Executive Order N A Errors N A Expiration Film Number D770207-0714 Format TEL From GENEVA Handling Restrictions n a Image Path ISecure 1 Legacy Key link1977 newtext t19770670 aaaacjgc tel Line Count 247 Litigation Code IDs Litigation Codes Litigation History Locator TEXT ON-LINE ON MICROFILM Message ID b9feed7f-c288-dd11-92da-001cc4696bcc Office ACTION L Original Classification UNCLASSIFIED Original Handling Restrictions n a Original Previous Classification n a Original Previous Handling Restrictions n a Page Count 5 Previous Channel Indicators n a Previous Classification n a Previous Handling Restrictions n a Reference n a Retention 0 Review Action RELEASED APPROVED Review Content Flags Review Date 09-Nov-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 2203885 Secure OPEN Status NATIVE Subject CONFERENCE ON INTERNATIONAL HUMANITARIAN LAW - FINAL STATEMENT TAGS PARM PFOR US ICRC To STATE Type TE vdkvgwkey odbc SAS SAS dbo SAS_Docs b9feed7f-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