Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Message Text CONFIDENTIAL PAGE 01 STATE 147389 ORIGIN PM-05 INFO OCT-01 EUR-12 IO-13 ISO-00 DLOS-09 CIAE-00 INR-10 L-03 ACDA-12 NSAE-00 PA-01 SS-15 SP-02 TRSE-00 DODE-00 NSCE-00 SSO-00 ICAE-00 INRE-00 083 R CONFIDETIAL DRAFTED BY PM MJMATHESON APPROVED BY S AR GHALDRICH DOD WSOLF ACDA MMAZEAU EUR AKORKY PM DCARLSON ------------------011472 092226Z 73 O R 092154Z JUN 78 FM SECSTATE WASHDC TO USMISSION USNATO IMMEDIATE INFO ALL NATO CAPITALS USMISSION GENEVA USMISSION USUN NEW YORK C O N F I D E N T I A L STATE 147389 E O 11652 GDS TAGS NATO PARM SUBJECT NATO EXPERTS MEETING ON HUMANITARIAN LAW IN ARMED CONFLICT 1 PARA 2 BELOW CONTAINS US CONTRIBUTION TO EXPERTS DISCONFIDENTIAL CONFIDENTIAL PAGE 02 STATE 147389 CUSSION ON PROTOCOLS BEGINNING JUNE 28 PLEASE SUBMIT IT TO APPROPRIATE NATO OFFICIAL 2 BEGIN TEXT 1 THE UNITED STATES IS PLEASED TO PROVIDE ITS PRELIMINARY VIEWS CONCERNING VARIOUS FORMAL STATEMENTS WHICH MAY BE APPROPRIATE UPON RATIFICATION OF THE TWO PROTOCOLS TO THE 1949 GENEVA CONVENTIONS Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 2 AT THE PRESENT TIME THE UNITED STATES IS CONSIDERING MAKING THE FOLLOWING FORMAL STATEMENTS AT THE TIME OF ITS RATIFICATION OF THE PROTOCOLS A PROTOCOL I 1 IT IS THE UNDERSTANDING OF THE UNITED STATES OF AMERICA THAT THE RULES ESTABLISHED BY THIS PROTOCOL WERE NOT INTENDED TO HAVE ANY EFFECT ON AND DO NOT REGULATE OR PROHIBIT THE USE OF NUCLEAR WEAPONS 2 IT IS THE UNDERSTANDING OF THE UNITED STATES OF AMERICA THAT THE PHRASE MILITARY DEPLOYMENT PRECEDING THE LAUNCHING OF AN ATTACK IN ARTICLE 44 PARAGRAPH 3 MEANS ANY MOVEMENT TOWARDS A PLACE FROM WHICH AN ATTACK IS TO BE LAUNCHED AND THAT THE SITUATIONS DESCRIBED IN THE SECOND SENTENCE OF PARAGRAPH 3 OF ARTICLE 44 ARE VERY EXCEPTIONAL AND CAN EXIST ONLY IN OCCUPIED TERRITORY OR IN ARMED CONFLICTS DESCRIBED IN ARTICLE I PARAGRAPH 4 3 IT IS THE UNDERSTANDING OF THE UNITED STATES OF AMERICA THAT THE REFERENCES IN ARTICLES 51 AND 57 TO MILITARY ADVANTAGE ANTICIPATED FROM AN ATTACK ARE INTENDED TO CONFIDENTIAL CONFIDENTIAL PAGE 03 STATE 147389 REFER TO THE ADVANTAGE ANTICIPATED FROM THE ATTACK CONSIDERED AS A WHOLE NOT FROM ISOLATED OR PARTICULAR PARTS OF THAT ATTACK 4 IT IS THE UNDERSTANDING OF THE UNITED STATES OF AMERICA THAT ARTICLE 53 ESTABLISHES A SPECIAL PROTECTION FOR A LIMITED CLASS OF OBJECTS WHICH BECAUSE OF THEIR RECOGNIZED IMPORTANCE CONSTITUTE A PART OF THE CULTURAL AND SPIRITUAL HERITAGE OF PEOPLES AND THAT SUCH OBJECTS WILL LOSE THE SPECIAL PROTECTION OF THAT ARTICLE IF THEY ARE USED IN SUPPORT OF THE MILITARY EFFORT B PROTOCOL II IT IS THE UNDERSTANDING OF THE UNITED STATES OF AMERICA THAT THE TERMS USED IN PART III OF THIS PROTOCOL WHICH ARE THE SAME AS THE TERMS DEFINED IN ARTICLE 8 OF PROTOCOL I SHALL SO FAR AS RELEVANT BE CONSTRUED IN THE SAME SENSE AS THOSE DEFINITIONS 3 IN ADDITION TO THESE UNDERSTANDINGS ON PROTOCOLS I AND II THE UNITED STATES BELIEVES THAT IT SHOULD BE MADE CLEAR THAT IN RELATION TO ARTICLE 52 OF PROTOCOL I A SPECIFIC AREA OF LAND MAY BE A MILITARY OBJECTIVE IF Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 BECAUSE OF ITS LOCATION OR OTHER REASONS SPECIFIED IN THE ARTICLE ITS TOTAL OR PARTIAL DESTRUCTION CAPTURE OR NEUTRALIZATION IN THE CIRCUMSTANCES RULING AT THE TIME OFFERS DEFINITE MILITARY ADVANTAGE AND THAT THE FIRST SENTENCE OF ARTICLE 52 PARAGRAPH 2 PROHIBITS ONLY SUCH ATTACKS AS MAY BE DIRECTED AGAINST NONMILITARY OBJECTIVES AND DOES NOT DEAL WITH THE QUESTION OF COLLATERAL DAMAGE CAUSED BY ATTACKS DIRECTED AGAINST MILITARY OBJECTIVES IT SHOULD ALSO BE MADE CLEAR THAT THE PROVISIONS OF PARA IV SECTION I OF PROTOCOL I MUST BE APPLIED TO THE ACTIONS OF COMMANDERS AND OTHERS RESPONSIBLE FOR PLANNING DECIDING UPON OR EXECUTING ATTACKS ON THE BASIS OF INFORMACONFIDENTIAL CONFIDENTIAL PAGE 04 STATE 147389 TION REASONABLY AVAILABLE TO THEM AT THE TIME THEY TAKE SUCH ACTIONS AND NOT ON THE BASIS OF HINDSIGHT HOWEVER WE HAVE NOT DETERMINED WHAT FORM THESE CLARIFICATIONS SHOULD TAKE 4 THE UNITED STATES LOOKS FORWARD TO RECEIVING THE VIEWS OF ITS ALLIANCE PARTNERS ON THESE QUESTIONS END TEXT VANCE CONFIDENTIAL NNN Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Message Attributes Automatic Decaptioning X Capture Date 01 jan 1994 Channel Indicators n a Current Classification UNCLASSIFIED Concepts MEETINGS LAW OF WAR Control Number n a Copy SINGLE Draft Date 09 jun 1978 Decaption Date 01 jan 1960 Decaption Note Disposition Action RELEASED Disposition Approved on Date Disposition Case Number n a Disposition Comment 25 YEAR REVIEW Disposition Date 20 Mar 2014 Disposition Event Disposition History n a Disposition Reason Disposition Remarks Document Number 1978STATE147389 Document Source CORE Document Unique ID 00 Drafter MJMATHESON Enclosure n a Executive Order GS Errors N A Expiration Film Number D780242-0486 Format TEL From STATE Handling Restrictions n a Image Path ISecure 1 Legacy Key link1978 newtext t19780673 aaaaclia tel Line Count 143 Litigation Code IDs Litigation Codes Litigation History Locator TEXT ON-LINE ON MICROFILM Message ID b9b5bf8b-c288-dd11-92da-001cc4696bcc Office ORIGIN PM Original Classification CONFIDENTIAL Original Handling Restrictions n a Original Previous Classification n a Original Previous Handling Restrictions n a Page Count 3 Previous Channel Indicators n a Previous Classification CONFIDENTIAL Previous Handling Restrictions n a Reference n a Retention 0 Review Action RELEASED APPROVED Review Content Flags Review Date 01 jun 2005 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 2406915 Secure OPEN Status NATIVE Subject NATO EXPERTS MEETING ON HUMANITARIAN LAW IN ARMED CONFLICT TAGS PARM NATO To USNATO Type TE vdkvgwkey odbc SAS SAS dbo SAS_Docs b9b5bf8b-c288-dd11-92da-001cc4696bcc Review Markings Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Markings Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014 Sheryl P Walter Declassified Released US Department of State EO Systematic Review 20 Mar 2014