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Viewing cable 10BAGHDAD302, CHAPTER VII: NEGOTIATION OF U.S. VICTIM CLAIMS

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Reference ID Created Released Classification Origin
10BAGHDAD302 2010-02-05 15:43 2011-08-30 01:44 CONFIDENTIAL Embassy Baghdad
VZCZCXYZ0015
OO RUEHWEB

DE RUEHGB #0302/01 0361543
ZNY CCCCC ZZH
O 051543Z FEB 10
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6468
INFO RUCNRAQ/IRAQ COLLECTIVE
C O N F I D E N T I A L BAGHDAD 000302 
 
SIPDIS 
 
E.O. 12958: DECL: 05/27/2018 
TAGS: IZ KU PGOV PREL
SUBJECT:  CHAPTER VII: NEGOTIATION OF U.S. VICTIM CLAIMS 
SETTLEMENT AGREEMENT 
 
REF: SECSTATE 105413 
 
Classified By: Acting Deputy Chief of Mission Gary A. Grappo for reason 
 1.4 (b) and (d). 
 
1.  (C)  Summary:  On July 16 and 17, 2009  PM Maliki,s top 
legal and political advisers and U.S. representatives from 
the Department of State, Department of Justice, Department of 
Defense, and Department of Treasury reached preliminary 
agreement on a draft state-to-state claims settlement text 
for resolving both known and unknown Saddam-era claims of 
U.S. victims, most of which are asserted by individuals who 
were held as human shields or tortured during the 1990 Gulf 
War as POWs.  On October 12, PM Legal Advisor Dr. Fadel Jawad 
Kadhum provided a proposed revision to the draft text that 
includes language he asserted would ensure Council of 
Representatives (COR) approval, but would not commit the 
United States to do anything more than &study8 any claims 
submitted by Iraq to the USG pursuant to the agreement, 
including a revision to Article V-(2) concerning a 
preservation of Iraq,s right to submit claims on behalf of 
the Iraqi government and Iraqi nationals to the United States 
and establishing a joint commission to address any such 
claims.  Dr. Fadel asserted this language would help secure 
parliamentary approval, but would not commit the United 
States to resolve  claims submitted to the USG pursuant to 
the agreement. The Embassy recommends that, in order to 
finalize agreement before the March 7 national parliamentary 
election, the Department engage with interagency counterparts 
as soon as possible to approve the proposed revisions to 
Article V-(2) as amended to exclude the bracketed 
language.End summary. 
 
 
PROPOSED CHANGES TO CONSIDER IRAQI CLAIMS 
----------------------------------------- 
 
 2.  (C) On October 12, 2009 PM Legal Advisor Dr. Fadel Jawad 
Kadhum provided a proposed revision to the draft text to 
Embassy Legal Adviser.  Article V-(2) of that draft contains 
the following proposal for consideration of potential Iraqi 
claims against the United States: 
 
The Government of Iraq retains the right to present its 
claims and the claims of its agencies and instrumentalities, 
and Iraqi nationals (legal and physical) to the Government of 
the United States.  For this purpose, the Parties shall 
establish a joint commission to study the claims (and decide 
the amount of compensation to be paid to the victims). 
(NOTE: The language of Article V-(2), as developed in the 
July negotiations, provides: &Iraq retains the right to 
present claims of natural and juridical Iraqi nationals to 
the United States.8 END NOTE) 
  3.  (C)  Dr. Fadel advised Embassy and State Department 
legal advisers on several subsequent occasions that the 
language developed in July does not sufficiently address 
Iraqi claims, and that the agreement is thus unlikely to be 
approved by the Council of Representatives (COR).   He 
further stated that his proposed language would help ensure 
COR approval, but would not commit the United States to pay 
claims submitted to the USG pursuant to the agreement. He 
reiterated this view to Embassy Legal Advisers and NSC 
Director Peter Vrooman on December 10, to Deputy Embassy 
Legal Adviser on December 22, and to L/AN Attorney Advisor 
Jeremy Sharpe at the Diplomatic Joint Coordination Committee 
inaugural meeting on January 24.  Fadel preferred that the 
United States agree to the full proposed text for Article 
V-(2), but indicated it would be acceptable to remove the 
bracketed language regarding the determination of 
compensation.   He believes that the establishment of a 
mechanism to &study8 claims would satisfy the COR.  Per 
Qmechanism to &study8 claims would satisfy the COR.  Per 
discussions with Dr. Fadel, Article V-(2) is the last 
outstanding issue to be resolved before the draft agreement 
could be submitted to the Council of Ministers (COM) for 
approval. 
POLITICAL UNCERTAINTY MAY CHALLENGE PROGRESS ON CLAIMS 
--------------------------------------------- ---------- 
 
  4.  (C)  U.S. claimants and Congress continue to seek 
prompt compensation from Iraq through a 
government-to-government settlement.  If diplomatic progress 
toward resolving the high profile cases stalls, the 
claimants, Congressional supporters appear ready to 
introduce legislation to address the claims, including by 
permitting the victims to return these claims to U.S. courts. 
 
 
  5.  (C)  The current Iraqi parliament is set to terminate 
on March 15.  During the transition to a new Iraqi 
government, the powers of the executive likely will be 
curtailed and the Council of Ministers (COM) will limit its 
functions to those commensurate with a typical caretaker 
 
government.   The caretaker COM may not be empowered to 
approve the agreement.  Thus, if COM approval is not secured 
prior to March 15, the agreement,s conclusion may be delayed 
by a lengthy government formation period until the new COM is 
seated.  Likely delays with securing COM approval prior to 
March 15, and the political uncertainties of how the new 
Iraqi government will view the U.S. victims claims agreement 
and how amenable it will be to working with the USG on the 
issue, may hinder the ability to make substantive progress on 
resolving claims. 
EMBASSY RECOMMENDATION 
---------------------- 
 
  6.   (C)  The Embassy recommends that the Department engage 
with interagency counterparts as soon as possible to approve 
the proposed revisions to Article V-(2) as amended to exclude 
the bracketed language.  The Embassy assesses that including 
the amended Article V-(2) language would aid in securing COM 
approval and COR ratification of the agreement without 
committing the United States to resolve any potential claims 
asserted under that provision, and without cementing any 
particular process for their consideration.  Closing off this 
outstanding issue also may encourage the GOI to deliver a 
long awaited counter proposal to the U.S. proposed settlement 
amount. 
 
 
 
 
 
 
 
 
HILL