VZCZCXRO0853
PP RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #1667 1021234
ZNR UUUUU ZZH
P 121234Z APR 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9576
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
RHEHAAA/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/OSD WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC//JF/UNMA//
RUEKJCS/JOINT STAFF WASHINGTON DC//J3//
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RUMICEA/JICCENT MACDILL AFB FL
RHMFIUU/COMSOCCENT MACDILL AFB FL
RUEATRS/DEPT OF TREASURY WASHDC
RUCNDT/USMISSION USUN NEW YORK 2427
RUEHNO/USMISSION USNATO 2624
RUEHGV/USMISSION GENEVA 5829
RUEHUNV/USMISSION UNVIE VIENNA 1268

UNCLAS KABUL 001667 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR SCA/FO, SCA/A, L, S/WCI, S/CRS, SCA/PAB, S/CT 
OSD FOR DETAINEE AFFAIRS 
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG 
NSC FOR AHARRIMAN, KAMEND 
CENTCOM FOR CG CFC-A, CG CJTF-76 POLAND 
TREASURY FOR D/S KIMMITT, APARAMESWARAN, AJEWELL 
REL NATO/ISAF/AS/NZ 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: MOPS KAWC PGOV AF
SUBJECT: GOA DETAINEES LEGAL WORKING GROUP MOVING AHEAD 
WITH DRAFT POLICY DISCUSSIONS 
 
 ¶1. (SBU) The Afghan Inter-Ministerial Legal Working 
Group met on April 5 to discuss the development of a 
legal framework that would form the basis for 
transfer of detainees from U.S. custody as well as 
for the disposition of individuals taken off the 
battlefield in future.  Due to a confusion on the 
part of the GOA, USG was represented only by the 
CFC-A,s Staff Judge Advocate, but Embassy will be 
included in future meetings. 
 
¶2. (SBU) The Working Group reached consensus that 
Afghanistan is fact engaged in an internal armed 
conflict.  While this does not appear to be 
contained in any written document to date, all 
members of the WG agreed to the assessment.  This 
determination triggers the application of 
international law, particularly customary 
law, that U.S. legal experts believe authorizes 
the GOA to detain enemy combatants until the end 
of the armed conflict.  It gives the GOA the 
option of holding detainee who cannot be 
successfully prosecuted due to weak evidence but 
who should not be released because they still 
constitute a danger. 
 
¶3. (SBU) The WG also agreed that Sharia law 
provides for the detention until the end of the 
conflict of insurgents who pose a threat to society. 
Ministry of Interior legal advisor Jabbar Sabit 
offered to write a paper outlining that legal basis. 
It was agreed that combining Sharia law justification 
with international law forms a stronger foundation 
for the detention of enemy combatants captured by 
Coalition, ISAF, or Afghan security forces who are 
subsequently transferred to the GOA. 
 
¶4. (SBU) The WG discussed mid-May as the target 
completion date for a first draft of a GOA policy for 
conducting detention operations.  The group will 
meet once a week between now and then to focus on 
preparing the draft.  They also requested CFC-A to 
provide additional technical materials on 
international law issues that could be used to 
inform the draft policy document, and CFC-A agreed 
to make those materials available, in coordination 
with Embassy,s legal experts. 
Norland