DOS Cable re: Talking Points on DOD Release of Draft Military Commission Instruction

Partially redacted press guidance for DOD release of draft military instruction, which lists/defines certain violations of laws of war and other offenses triable by military commission. The talking points instruct that if inquired about the proceedings to say "DoD will be prepared to conduct full and fair legal proceedings should a military commission be convened. Although no charges have been referred against any individual potentially subject to the jurisdiction of a military commission, this instruction will help to ensure that DoD will be ready to fulfill its responsibilities if called upon." And "The General Counsel of the Department of Defense intends to finalize and publish the final instruction early in March."

Doc_type: 
Cable
Doc_date: 
Saturday, October 9, 2004
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

RELEASED IN PART UNCLASSIFIED.B5
S/WCI:RMILLER
10/09/04 (202)647-5093
S/WCI:PPROSPER.

APPR: PRP • •• DRAFT: RWM •
CLR 1: RCR • • •
CLR 2: DBO • •• CLR 3: EDA • CLR 4: JDO •• CLR 5: DPI • •• CLR 6: BEP • • • CLR 7: SMO • • CLR 8: JMC • • CLR 9: LVO • •

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P:BBRINK S/CT:SMOLNAR DOJ:JMCATAMNEY CIA/CTC:LVOGT

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IMMEDIATE ALGIERS, MANAMA IMMEDIATE,
CAIRO IMMEDIATE, KUWAIT IMMEDIATE, RABAT IMMEDIATE+

IMMEDIATE JOINT STAFF, RUMIAAA/USSOUTHCOM MIAMI FL IMMEDIATE,
RUCAACC/USCENTCOM MACDILL AFB FL IMMEDIATE+

SENSITIVE

E.O. 12958: NA
TAGS: PTER, KAWC, PINR, PREL
SUBJECT: PRESS GUIDANCE FOR DOD RELEASE OF DRAFT MILITARY

COMMISSION INSTRUCTION

B5
2. (SBU) Text of News Release from DoD:

The General Counsel of the Department of Defense (DoD) today
released a draft military commission instruction entitled "Crimes

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: THEODORE SELLIN DATE/CASE ID: 16 DEC 2004 200303827
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and Elements for Trials by Military Commission:
http://www.defenselink.mil/news/Feb2003/d20030228dmci.pdf ."
This instruction lists and defines certain violations of the laws
of war and other offenses triable by military commission.

DoD will be prepared to conduct full and fair legal proceedings
should a military commission be convened. Although no charges
have been referred against any individual potentially subject to
the jurisdiction of a military commission, this instruction will
help to ensure that DoD will be ready to fulfill its
responsibilities if called upon.

The international law of armed conflict, from which the Crimes
and Elements instruction is derived, is a broad and complex area
of the law. There is no single legal document that
comprehensively codifies this body of law..

Rather, definitions

. of crimes are dispersed throughout dozens of sources including
treaties and conventions, domestic and international statutes,
judicial decisions, and the body of custom and practice
recognized by the international community.

"Over the past few months, DoD and other government lawyers have
analyzed these sources of law and consolidated in a single
resource a list of certain crimes that potentially may be charged
and tried before a military commission as well as the
definitions of those crimes," said DoD Deputy General Counsel
Whit Cobb. "In the event that a military commission is
warranted, this instruction will assist all participants ­including prosecutors, defense counsel, and military commission
members - to understand what constitutes an offense that is
triable under the law of armed conflict."

The draft Crimes and Elements Instruction is available at
http://www.defenselink.mil/news/Feb2003/d20030228dmci.pdf. Those
wishing to submit comments regarding the draft Crimes and
Elements Instructions should fax comments to the Office of the
General Counsel of the Department of Defense at 703-614-4432.

The General Counsel of the Department of Defense intends to
finalize and publish the final instruction early in March.

End of Text.

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Doc_nid: 
6272
Doc_type_num: 
68