This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L SECTION 01 OF 02 ROME 003703 
 
SIPDIS 
 
DEPT FOR U/S BOLTON, AMB. LINO 
 
E.O. 12958: DECL: 07/25/2012 
TAGS: PREL MARR MOPS MARR MOPS IT KICC ITPREL KICC IRAQI FREEDOM
SUBJECT: AMBASSADOR RAISES ICC AND OEF TROOP REQUEST WITH 
TOP ITALIAN ADVISOR 
 
 
                       CONFIDENTIAL 
 
PAGE 02        ROME  03703  01 OF 02  261604Z 
REF: A. A. ROME 3580 
     ¶B. B. ROME 3581 
 
CLASSIFIED BY: A/DCM TOM COUNTRYMAN FOR REASONS 1.5(B)(D) 
 
¶1. (C) SUMMARY.  AMBASSADOR SEMBLER MET WITH GIANNI LETTA, 
U/S AT THE PRESIDENCY OF THE COUNCIL OF MINISTERS, ON JULY 26 
TO PURSUE AT THE HIGHEST LEVEL REFTEL DEMARCHES ON THE 
INTERNATIONAL CRIMINAL COURT (ICC) AND OPERATION ENDURING 
FREEDOM (OEF) TROOP CONTRIBUTIONS. AMB. SEMBLER URGED THE GOI 
TO NEGOTIATE AN ARTICLE 98 AGREEMENT WITH THE USG SOON TO 
ENSURE PROTECTION FOR US TROOPS AGAINST IMPROPER APPLICATIONS 
OF THE ICC'S JURISDICTION.  HE URGED THAT BERLUSCONI MAKE A 
STRONG STATEMENT OF RECOMMENDATION TO PARLIAMENT THAT ITALY 
CONTRIBUTE GROUND TROOPS OR SPECIAL OPERATIONS FORCES IN 
SUPPORT OF OEF.  LETTA, WHO IS BERLUSCONI'S CLOSEST ADVISOR, 
AGREED TO RAISE BOTH ISSUES WITH THE PM.  WE EXPECT A REPLY 
EARLY NEXT WEEK.  END SUMMARY. 
 
OEF TROOP CONTRIBUTIONS 
----------------------- 
 
¶2. (C)  COMMENTS BY PM BERLUSCONI ON JULY 24 REGARDING 
ITALY'S TROOP DEPLOYMENT IN SUPPORT OF OEF (SEPTEL) OPENED 
THE WAY FOR AMB. SEMBLER TO EMPHASIZE TO LETTA THE IMPORTANCE 
OF A COMMITMENT OF GROUND TROOPS OR SPECIAL OPERATIONS FORCES 
TO REPLACE UNITS ROTATING OUT OVER THE NEXT TWO YEARS.  THE 
AMBASSADOR NOTED THAT ONLY 379 ITALIAN TROOPS CURRENTLY WERE 
DEPLOYED FOR OEF (307 ON A FRIGATE IN THE ARABIAN SEA), 
RATHER THAN THE 1,000 TROOPS BERLUSCONI HAD MENTIONED DURING 
HIS SPEECH TO ITALIAN AMBASSADORS.  HE AND LETTA AGREED THAT 
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PAGE 03        ROME  03703  01 OF 02  261604Z 
THE PM WAS LIKELY REFERRING TO ITALIAN TROOPS SUPPORTING BOTH 
OEF AND ISAF, WHICH TOGETHER INCLUDE OVER 800 SOLDIERS AND 
CARABINIERI (379 IN OEF PLUS 454 IN ISAF).  THE AMBASSADOR 
NOTED THAT THE ORIGINAL OFFER APPROVED BY PARLIAMENT LAST 
NOVEMBER INCLUDED GROUND TROOPS AND SPECIAL OPERATIONS FORCES 
THAT HAVE NOT BEEN CALLED UPON...UNTIL NOW.  (IN HIS SPEECH, 
BERLUSCONI, AND LATER DEFENSE MINISTER MARTINO, STATED THAT 
PARLIAMENT WOULD NEED TO REVIEW A REQUEST TO DEPLOY TROOPS.) 
 
¶3. (C) AMB. SEMBLER TOLD LETTA THAT HE WAS CONCERNED ABOUT 
THE DELAY A PARLIAMENTARY REVIEW WOULD CAUSE, PARTICULARLY 
GIVEN THE IMPENDING PARLIAMENTARY RECESS UNTIL MID-SEPTEMBER. 
 HE STRESSED THAT IT IS VERY IMPORTANT THAT ITALY INDICATE A 
POSITIVE INTENT TO HELP, NOW THAT THE US IS ASKING FOR 
SPECIFIC ASSISTANCE.  A/DCM NOTED THAT WE WOULD HOPE A MAJOR 
NATO ALLY WOULD RESPOND MORE QUICKLY THAN SOME OF THE SMALLER 
COUNTRIES THAT ARE PREPARING TO STEP FORWARD.  (NOTE: 
FOLLOWING THE MEETING, THE PRESS REPORTED ALBANIA'S PLANS TO 
SEND A 30-MAN SPECIAL OPERATIONS TEAM -- TRAINED BY ITALIANS 
-- TO AFGHANISTAN ON AUGUST 5. END NOTE.)  THE AMBASSADOR 
PROPOSED THAT THE PM RECOMMEND TO PARLIAMENT THAT GROUND 
TROOPS OR SPECIAL OPERATION FORCES BE CONTRIBUTED TO OEF -- A 
COMMITMENT THAT WILL CLEARLY SHOW THAT BERLUSCONI AND HIS 
GOVERNMENT ARE WITH THE US IN THIS FIGHT.  HE MENTIONED HIS 
MEETING WITH THE PM LAST MARCH WHEN BERLUSCONI MADE AN 
ON-THE-SPOT DECISION, AGAINST THE PREFERENCES OF HIS MILITARY 
ADVISORS, TO PROVIDE SECURITY FOR THE FORMER AFGHAN KING -- 
THAT KIND OF IMMEDIATE POLITICAL COMMITMENT WAS CALLED FOR 
HERE, THE AMBASSADOR SAID. 
 
¶4. (C) LETTA PROMISED TO CONVEY TO THE PM OUR REQUEST THAT A 
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PAGE 04        ROME  03703  01 OF 02  261604Z 
COMMITMENT BE MADE AS SOON AS POSSIBLE RATHER THAN WAITING 
UNTIL MID-SEPTEMBER.  HE EXPLAINED THAT PARLIAMENT'S APPROVAL 
OF ITALY'S PARTICIPATION IN OEF LAST NOVEMBER INCLUDED THE 
CONDITION THAT ANY SIGNIFICANT VARIATION WOULD BE SUBJECT TO 
PARLIAMENTARY REVIEW.  WHILE HE DIDN'T FORESEE ANY PROBLEMS, 
A PARLIAMENTARY REVIEW COULD NOT BE AVOIDED.  LETTA AGREED 
THAT A MAJOR ALLY LIKE ITALY SHOULD BE AMONG THE FIRST TO 
OFFER TO CONTRIBUTE.  HE SAID HE WILL RELAY BERLUSCONI'S 
RESPONSE EARLY NEXT WEEK. 
 
ICC 
--- 
 
¶5. (C) AMB. SEMBLER STRESSED THAT THE USG IS NOT WORKING TO 
UNDERMINE THE ICC.  RATHER, WE WANT TO USE ARTICLE 98 OF THE 
ROME TREATY TO NEGOTIATE BILATERAL AGREEMENTS TO PROVIDE THE 
PROTECTION WE DEEM NECESSARY FOR OUR SOLDIERS AGAINST 
POSSIBLE POLITICAL MISUSE OF THE COURT.  HE NOTED THAT SOME 
OF THE SAME COUNTRIES THAT URGED THE US TO RELY ON ARTICLE 98 
AGREEMENTS AS A WAY AROUND THE IMPASSE OVER THE BOSNIA POLICE 
MISSION MANDATE WERE NOW RESISTING THE IDEA.  HE URGED THAT 
BERLUSCONI TAKE A LEADERSHIP ROLE AS A KEY NATO ALLY AND 
AGREE TO NEGOTIATE AN ARTICLE 98 AGREEMENT WITH US.  AN 
EXTENDED ANALYSIS BY GOI LAWYERS WOULD NOT BE HELPFUL; WHAT 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ4322 
 
PAGE 01        ROME  03703  02 OF 02  261605Z 
ACTION SWCI-00 
 
INFO  LOG-00   NP-00    AID-00   ACQ-00   CIAE-00  DOTE-00  PERC-00 
      SRPP-00  DS-00    EB-00    EUR-00   FAAE-00  VC-00    H-01 
      TEDE-00  INR-00   IO-00    JUSE-00  L-00     VCE-00   AC-01 
      NSAE-00  NSCE-00  OIC-02   OMB-01   PA-00    PM-00    PRS-00 
      ACE-00   P-00     SCT-00   SP-00    SSO-00   SS-00    TRSE-00 
      T-00     USIE-00  PMB-00   DSCC-00  PRM-00   DRL-02   G-00 
      NFAT-00  SAS-00     /007W 
                  ------------------D0BBB7  261605Z /38 
O 261559Z JUL 02 
FM AMEMBASSY ROME 
TO SECSTATE WASHDC IMMEDIATE 5124 
INFO NATO EU COLLECTIVE PRIORITY 
JOINT STAFF WASHDC PRIORITY 
SECDEF WASHDC PRIORITY 
USCINCCENT MACDILL AFB FL PRIORITY 
USCINCEUR VAIHINGEN GE PRIORITY 
USMISSION USUN NEW YORK PRIORITY 
 
C O N F I D E N T I A L SECTION 02 OF 02 ROME 003703 
 
SIPDIS 
 
DEPT FOR U/S BOLTON, AMB. LINO 
 
E.O. 12958: DECL: 07/25/2012 
TAGS: PREL MARR MOPS MARR MOPS IT KICC ITPREL KICC IRAQI FREEDOM
SUBJECT: AMBASSADOR RAISES ICC AND OEF TROOP REQUEST WITH 
TOP ITALIAN ADVISOR 
 
                       CONFIDENTIAL 
 
PAGE 02        ROME  03703  02 OF 02  261605Z 
IS NEEDED IS A POLITICAL DECISION TO PROCEED NOW.  THE 
AMBASSADOR MENTIONED THAT U/S BOLTON WAS WILLING TO COME TO 
ROME NEXT WEEK, AFTER HIS STOP IN RUSSIA, IF GOI OFFICIALS 
WERE OPEN TO FURTHER DISCUSSIONS.  LETTA NOTED THAT THE PM 
HAD PUBLICLY STATED THAT HE UNDERSTANDS THE USG'S CONCERNS 
AND RECOGNIZES THE CAPABILITY OF US COURTS TO HANDLE SUCH 
CASES.  HE SAID HE WOULD REVIEW THE BOILERPLATE ARTICLE 98 
AGREEMENT WE PASSED TO HIM, DISCUSS THE MATTER WITH 
BERLUSCONI AND HIS STAFF, AND REPLY TO US NEXT WEEK. 
 
¶6. (C) COMMENT.  LETTA CLEARLY GOT THE MESSAGE THAT THESE TWO 
ISSUES ARE OF PARTICULAR IMPORTANCE TO THE USG RIGHT NOW.  IT 
WILL TAKE REAL LEADERSHIP BY BERLUSCONI TO RISK ROCKING THE 
EU BOAT BY BEING THE FIRST TO START ARTICLE 98 AGREEMENT 
NEGOTIATIONS.  HE WILL ALSO LIKELY ENCOUNTER SOME DOMESTIC 
RESISTANCE TO COMMITING TROOPS TO AFGHANISTAN, SOMETHING HE 
AND HIS DEFENSE MINISTER HAVE BEEN HOPING TO AVOID.  WE WOULD 
NOT BE SURPRISED IF THE PM'S SOLUTION IS TO MAKE A PERSONAL 
BUT CONFIDENTIAL COMMITMENT TO PRESS PARLIAMENT FOR RAPID 
APPROVAL IN SEPTEMBER, WITHOUT MAKING IT A MATTER OF PUBLIC 
DISCUSSION BEFORE THEN.   END COMMENT. 
SEMBLER 
 
                       CONFIDENTIAL 
 
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 2002ROME03703 - Classification: CONFIDENTIAL