VZCZCXRO3268
RR RUEHDE RUEHDIR
DE RUEHKU #1120 1970647
ZNR UUUUU ZZH
R 160647Z JUL 07
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC 9613
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
RUEHGB/AMEMBASSY BAGHDAD 0938

UNCLAS KUWAIT 001120 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
NEA/ARP; S/WCI 
 
E.O. 12958: N/A 
TAGS: PREL PHUM KJUS KAWC IZ KU
SUBJECT: KUWAIT WAR CRIMES CASE IN HOLDING PATTERN AT IRAQ 
HIGH TRIBUNAL 
 
¶1. (SBU) Summary:  Robert Monk of the United States Regime 
Crimes Liaison Office at the Iraq High Tribunal (IHT) told 
GOK officials on July 10 and 11 that the Kuwait war crimes 
case before the IHT would likely not be the next case heard 
by the tribunal despite being the case most ready to go to 
trial.  Monk told the officials other cases with largely 
Iraqi victims were likely to go to trial first because of 
political pressures in Iraq.  He said the GOK could advance 
its cause by maintaining a continual or even periodic 
presence at the IHT.  He noted the new investigative judge 
for the Kuwait case was very motivated to move the Kuwait 
case forward.  End summary. 
 
¶2. (SBU) Baghdad Regime Crimes Liaison Office (RCLO) 
representatives, Robert Monk, Jane Ellen Bagwell and Salah 
Al-Hamadi met with Poloff on July 11 and discussed their July 
10-11 meetings with Government of Kuwait (GOK) officials on 
the status of the Kuwait war crimes case currently being 
investigated by the IHT. (Note: The Kuwait case involves 
crimes arising out of the 1990-91 Iraqi invasion and 
occupation of Kuwait. End note.)  The Kuwaiti officials the 
RCLO met with were Assistant Attorney General Sultan Abu 
Jarwa, Ministry of Defense Assistant Undersecretary Dr. 
Mohammed Buzubar, Ministry of Foreign Affairs Director Khaled 
Maqamis and National Committee of Missing Persons and POWs 
Director Dr. Ibrahim Al-Shaheen.  Monk told the GOK officials 
that the Government of Iraq considers the Kuwait case to be 
one of the four major cases the IHT is handling and that the 
Kuwait case is the most advanced in terms of readiness to go 
to trial, but that the other major cases all involve Iraqi 
victims and are more likely to be tried before the Kuwait 
case because they have a local victim constituency behind 
them.  Monk said the 1991 Southern Shia uprising case is most 
likely the next to be heard by the IHT. 
 
¶3. (SBU) On the positive side, Monk said that a new 
investigating judge, Abdul Khadim, was appointed to handle 
the Kuwait case.  He said Khadim was a very good judge, who 
was very interested in pushing the Kuwait case forward and 
represented a big improvement over the previous judge 
handling the Kuwait case.  He said there will be a Digital 
Video Conference (DVC) between Judge Khadim and the above GOK 
officials in late July and that Khadim also plans to come to 
Kuwait in September to interview witnesses. 
 
¶4. (SBU) Monk assured the GOK officials that the RCLO pushes 
IHT officials to move the Kuwait case forward but are limited 
by the political leverage of the local victim constituencies 
pushing the other war crimes cases.  Monk said only one IHT 
case can be tried at a time because there is only one IHT 
courthouse and because of security requirements. 
 
¶5. (SBU) Monk stressed the importance of personal 
relationships in the IHT process and encouraged the GOK to 
send permanent or regular delegations to the IHT.  GOK 
officials were generally unenthusiastic about this 
proposition which was reflected in their preference for a DVC 
with the Judge Khadim rather than meeting with him in 
Baghdad. 
 
¶6. (SBU) Monk noted the RCLO did not have current DOJ funding 
to continue its work with the IHT beyond 9/30/2007.  Monk 
stressed to GOK officials that if the RCLO did not continue, 
the GOK would need to have a plan to respond because they 
would have no presence or advocate for their case in Baghdad, 
and this would be a setback for moving their case forward. 
 
¶7. (U) The RCLO cleared this cable. 
 
********************************************* * 
For more reporting from Embassy Kuwait, visit: 
http://www.state.sgov.gov/p/nea/kuwait/?cable s 
 
Visit Kuwait's Classified Website: 
http://www.state.sgov.gov/p/nea/kuwait/ 
********************************************* * 
 
Lenderking