State Department cable stating that Gerard Stoudmann, Ambassador and Director of the OSCE office of Democratic Institutions and Human Rights (ODIHR) was critical of the U.S. for not implementing international law by detaining terror suspects at Guantanamo without applying the Geneva Conventions and using Military Tribunals. Heavily redacted.
cur ent Class: CONFIDENTIAL Page: 1 E3(2
AK . UNCLASSIFIED
Ckirren Handling:.n/a
Docum nt Number: 2002USOSCE00133 Channel: n/a
PTQ8095 PAGE 01 USOSCE 00133AOF 02 311918Z
CONFIDENTIALA
01
ACTION EUR-00•
INFO LOG-00 NP-00 AMAD-00 ACQ-00ACIAE-00 INL-00ADODE-00
DOTE?00 DS-00 EB-00 E-00AFAAE-00 FBIE-00 VC-00
TEDE-OC INR-00 I0-00 LAB-01AVCE-00 AC-01ADCP-01
NSAE:00 OIC-02 ACE-00 SCT-00AASDS-01 SNIS-00 NISC-00
DSCC-00 DRL-02 SAS-00 /008W
A60389F 311920Z /38
R 3118418Z JAN 02
FM USMI1SSION USOSCE
RELEASED IN PART
TO SECSITATE WASHDC 9308
INFO OSCE POST COLLECTIVE 0951 B7(A), Bl, 1.4(B), 1.4(D), B7(C)
USMISSI N USUN NEW YORK
C O N F I D E N T I A L SECTION 01 OF 02 USOSCE 000133
5.0. 12 58: 'DIECL: 01/31/2012 TAGS: 0 CE, PREL, PHUM, PTER SUBJECT : OSCE/ODIHR: US FACES CRITICISM OVER GUANTANAMO,
B1, B7(A), B7(C)
MILITARY TRIBUNALS
REF: STATE 017756
CLASSIFtED BY: DOUGLAS DAVIDSON, DCM; REASON 1.5 (B AND 0)
•
1. (SB1J) SUMMARY: AMBASSADOR GERARD STOUDMANN, THE DIRECTOR
OF THE SCE'S OFFICE OF DEMOCRATIC INSTITUTIONS AND HUMAN
RIGHTS ODIHR), IN BOTH PUBLIC AND PRIVATE MEETINGS THIS
1
WEEK, I CLUDING IN HIS PRESENTATION TO THE OSCE PERMANENT
CONFIDENTIAL
PAGE 02AUSOSCE 00133 01 OF 02 311918Z
COUNCIL (PC) ON JANUARY 31, CRITICIZED THE U.S. FOR
"NON-IMPLEMENTATION OF INTERNATIONAL LAW" IN DETAINING AND PREPARING TO PROSECUTE NON-AMERICANS ACCUSED OF INVOLVEMENT
IN TERRORIST ACTS AGAINST THE U.S. IN THE PC, NONE OF THE PARTICIPATING STATES MENTIONED THE U.S. DIRECTLY, BUT SOME DID ALLUDE TO CONCERNS REGARDING THE NON-APPLICATION OF THE GENEVA CONVENTIONS IN THE CASE OF THE GUANTANAMO DETAINEES. STOUDMANN SPECIFICALLY QUESTIONED OUR IMPLEMENTATION OF INTERNATIONAL LAW WITH REGARD TO THREE ISSUES:
-- THE GENEVA CONVENTION AS IT APPLIES TO THE DETAINEES AT GUANTANAMO BAY;
Current lass: CONFIDENTIAL Page: 1
UNITED STATI S DEPARTMENT OF STATE REVIEW AUT ORITY: SHARON E AHMAD
DOS-001987
DATE/CASE ID 10 NOV 2004 200303827 UNCLASSIFIED
Cu rent Class: CONFIDENTIAL Page: 2
UNCLASSIFIED
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DocuTent Number: 2002USOSCE00133 Channel: n/a
-- THE LEGAL JUSTIFICATION FOR THE TRANSFER OF THE
I I
c
II AND
-- THE EXECUTIVE ORDER ESTABLISHING MILITARY TRIBUNALS AND
WHETHER IT IS CONSISTENT WITH THE PRINCIPLES OF
NON-DfSCRIMINATION AND EQUALITY BEFORE THE LAW IN THE B 1 , B 7(A), B7(C)
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. END
SUMMIT.
Current Class: CONFIDENTIALA Page: 2
DOS-001988
UNCLASSIFIED
.I. Current Class: CONFIDENTIAL UNCLASSIFIED Page: 3
Current Handling: n/aI
. B1,B7(A),B7(C) Document Number: 2002USOSCE00133 Channel: n/a
CONFIDENTIAL
CONFIDENTIALAPTQ8097
PAGE 01 ACTION EUR-00 USOSCE 00133A02 OF 02A311918Z
INFOILOG-00 NP-00 AMAD-00 DOTE-00 DS-00 EB-00 TEDE-00 INR-00 10-00 NSAE-00 OIC-02 ACE-00 NISC-00 DSCC-00 DRL-02 R 3118482 JAN 02 FM USMISSION USOSCE TO SECSTATE WASHDC 9309 INFO OSCE POST COLLECTIVE 0952 USMISSION USUN NEW YORK ACQ-00ICIAE-00 INL-00 E-00AFAAE-00 FBIE-00 LAB-01AVCE-00 AC-01 SCT-00AASDS-01 EPAE-00 SAS-00A/008W 6038BDA311920Z /38 DODE-00 VC-00 DCP-01 SNIS-00
Current Class: CONFIDENTIAL Page: 3
UNCLASSIFIEDIDOS-001989
Current Class: CONFIDENTIAL Page: 4
UNCLASSIFIED
Current Handling: n/a
Document Number: 2002USOSCE00133 Channel: n/a
C O N F I D E N T I A L SECTION 02 OF 02 USOSCE 000133
E.O. 12958: DECL: 01/31/2012
TAGS: OSCE, PREL, PHUM, PTER
SUBJECT: OSCE/ODIHR: US FACES CRITICISM OVER GUANTANAMO,
BOSNIAN ALGERIANS, MILITARY TRIBUNALS
B7(A), B7(C)
PC CRITICISM FOCUSES ON DETAINEES, GENEVA CONVENTION
4. (SBU) IN HIS PRESENTATION TO THE PERMANENT COUNCIL
JANUARY 31, AMBASSADOR STOUDMANN AGAIN RAISED QUESTIONS ABOUT
THE U.S. RECORD ON HUMAN RIGHTS IN ITS WAR AGAINST TERRORISM.
HIS POINTS DIFFERED LITTLE FROM THOSE HE HAD MADE PRIVATELY
CONFIDENTIAL
PAGE 02AUSOSCE 00133 02 OF 02 311918Z
TO AMBASSADOR MINIKES THE DAY BEFORE. HE DID, HOWEVER,
PUBLICLY SAY THAT HE WAS NOT QUESTIONING THE U.S.'S RIGHT TO
SELF-DEFENSE OR THE EXISTENCE OF CONCRETE THREATS TO THE U.S.
STOUDMANN WAS ESPECIALLY HARD ON THE QUESTION OF THE
LEGALITY OF THE TRANSFER OF THE SUSPECTED TERRORISTS IN
STATING THAT "REQUESTS BY ODIHR FOR CLARIFICATION
REMAINED UNANSWERED." (COMMENT: OTHER POINTS MADE BY
AMBASSADOR STOUDMANN ON GENERAL HUMAN DIMENSION ISSUES WILL
BE SENT SEPTEL. END COMMENT.)
5. (SBU) SEVERAL PARTICIPATING STATES RESPONDED TO
STOUDMANN'S POINTS AND URGED STATES TO UPHOLD INTERNATIONAL
LAW AND THE GENEVA CONVENTIONS, THOUGH NONE MENTIONED THE
UNITED STATES BY NAME. MOST COMMENTS FOCUSED ON THE NEED TO
BALANCE CRITICISM OF HUMAN RIGHTS ABUSES IN THE FORMER SOVIET
UNION WITH ISSUES THAT EITHER AFFECT THE WHOLE OSCE REGION OR
THAT PART OF IT "WEST OF VIENNA".
-- THE EUROPEAN UNION (REPRESENTED BY SPAIN) AND CANADA URGED
ODIHR TO ENSURE THAT RESPECT FOR HUMAN RIGHTS AND THE
PRINCIPLES OF INTERNATIONAL LAW ARE UPHELD IN THE FIGHT
AGAINST TERRORISM;
-- SWITZERLAND ARGUED THAT STATES DO NOT HAVE THE RIGHT TO
INTERPRET THE GENEVA CONVENTIONS IN THEIR OWN WAY AND VOICED
FULL AGREEMENT WITH AMBASSADOR STOUDMANN'S STATEMENT. (NOTE:
STOUDMANN IS A SWISS DIPLOMAT. END NOTE)
-- RUSSIA AND ARMENIA COMMENDED STOUDMANN FOR BEING
"BALANCED" AND FOR RAISING PROBLEMS THAT OCCUR ACROSS THE
OSCE REGION AND IN PARTICULAR HUMAN RIGHTS ISSUES "WEST OF
CONFIDENTIAL
Current Class: CONFIDENTIALA Page: 4
DOS-001990
UNCLASSIFIED
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Current Class: CONFIDENTIAL Page:
PAGE 03AUSOSCE 00133 02 OF 02 311918Z
VIENNA." (THE ARMENIAN AMBASSADOR, IN HIS TYPICALLY COLORFUL
FASHION, DESCRIBED THE DIVIDE AS BEING EAST AND WEST OF
"EDEN.") RUSSIA ALSO ARGUED THAT THERE ARE PLENTY OF HOTBEDS
FOR TERRORISM AND RELIGIOUS INTOLERANCE IN WESTERN COUNTRIES.
-- NORWAY ECHOED STOUDMANN'S CONCERN THAT A PERCEPTION OF NOT
FULLY UPHOLDING HUMAN RIGHTS OR THE ADHERENCE TO
INTERNATIONAL LAW IN THE FIGHT AGAINST TERRORISM CAN BE
COUNTERPRODUCTIVE AND CAN LEND SUPPORT TO THOSE WILLING TO
DEBATE OUR COMMITMENT TO OUR CORE VALUES.
RESPONDED TO CRITICISM OF THE TRANSFER
OF DETAINEES THERE BY SAYING THAT THE ISSUE CAN ONLY BE
DISCUSSED IN A GENERAL WAY,'AS NO ONE HAS ALL OF THE
NECESSARY INFORMATION. J PROMISED TO RESPOND TO
A
STOUDMANN'S CRITICISM AT A LATER DATE.
-- THE CHAIRMAN-IN-OFFICE (PORTUGAL) ALSO VOICED CRITICISM,
STATING THAT ALTHOUGH THERE MAY BE A DEBATE AS TO ADAPTING
INTERNATIONAL LAW AND THE GENEVA CONVENTION, GIVEN THE NEW
CIRCUMSTANCES OF TERRORISM, WE CANNOT IGNORE THE LAWS WE HAVE
UNTIL NEW ONES ARE WRITTEN.
6. (SBU) AMBASSADOR MINIKES RESPONDED, PER REFTEL GUIDANCE,
URGING PARTICIPATING STATES TO BE PATIENT AS THE U.S.
ATTEMPTS TO DEAL WITH THE LEGAL ISSUES AT HAND. HE ASSURED
THE OSCE THAT WE BELIEVE OUR ACTIONS ARE CONSISTENT WITH THE
U.S. GOVERNMENT'S COMMITMENT TO RESPECT AND SAFEGUARD
INTERNATIONAL LAW. HE INFORMED THE PC THAT WE WOULD PROVIDE
ADDITIONAL INFORMATION AS NEW FACTS AND CONCLUSIONS BECOME
KNOWN.
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PAGE 04AUSOSCE 00133 02 OF 02 311918Z
. (C) COMMENT:
END
COMMENT.
MINIKES
CONFIDENTIAL
B7(A), B7(C)
Current Class: CONFIDENTIALA Page: 5
DOS-001991
UNCLASSIFIED