This cable is from Stated Department Headquarters to the U.S. Mission in Geneva to give guidance to U.S. Amb. Jeffrey DeLaurentis in responding to U.N. Special Rapporteur Asma Jahanglr concerning a letter Mr. Jahanglr wrote to the U.S. about the U.S. role in Iraq potentially being in violation of international treaties the U.S. is party to concerning prosecution of war; The Rules of Engagement in effect in Iraq; and compliance with the law of war. Also, it directs Amb. DeLaurentis to emphasize the point that U.S. operations in Iraq do not fall under the Special Rapporteur's mandate.
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SUBJECT' RESPONSE TO SR ON ESA EXECUTIONS
Response of the United States of America to letters from
Special Rapporteur on Extrajudicial, Summary or Arbitrary
Executions Acme Jahangir to the Secretary of State dated May
2, 2003 and May 20, 2003
The Government of the United States of America takes the
opportunity to respond to the above-referenced letters that
contain allegations regarding the ongoing military operations
of the United States in its role as an occupying power in
Iraq. The United States respectfully submits that inquiries
related to military operations conducted by the United States
in Iraq do not fall within the mandate of the Special
Rapporteur, which does not extend to the laws and customs of
war.
Although, as noted above, the'issues raised and assertions
contained in the letters do not fall within the Special
Rapporteur's mandate, the United States is providing this
reply in order to correct the record. Restoring security in
.Iraq is vital to the reconstruction of Iraq. U.S. military
personnel are operating under Rules of Engagement that
protect American servicemen and women in accomplishing their
mission, while also ensuring appropriate protection for the
civilian population. The Rules of Engagement in effect in
Iraq are carefully drafted and comply fully with the law of
war.
For the reasons discussed above, the Government of the
United States of America respectfully requests that the
Special Rapporteur discontinue her consideration of the
issues raised in the above-referenced letters.
POWELL
ET
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UNCLASSIFIED
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER"
DATE/CASE ID: 10 DEC 2004 200303827 UNCLASSIFIED0DOS-000502