CPAMemo for SecPowell 8dec2003

JKVM ~lit I~ V~U ( H (TUEl DEC 9 2003 3: 42/ST. 3 :42/NO. 6160427772 :o-.r.:--•. .... .. ~·: .. . ~;· ,:.:~· ... ·:/- ! .. ct·.··-···: \~ ' . .. . I. . .. . .~. 5~A COALll~lON PROVISIONALAUTHORI1¥ BAGHDAD - ,.... . , . -. ' ~ ... - ... -, - ·- - J ·! .I I MEMO FOR= Secretary Powell FROM: Paul Brem\tti 1.-\ ~ SUBJECT: Kuwaiti Note VcrbaJe Concerning Iraqi War Crimes I understand that you are pfq)aring a letter for lhe Kuwaiti Government in response to their Note Vcrbalc of November 2, 2003 requesting infonnation on redress for crimes against Kuwaitis in the Jraqi Special Tribunal. As you are aware, the CPA. has been working very closely with the Iraqi Governing Council to support their creation of an Iraqi Special Tribunal to prosecute senior regime officials for war crimes, crimes against humanity, and genocide in Iraq. At the same time, my staff has strongly supponed the efforts of the Kuwaiti government to identify and exhume remains of their missing and unaccounted for since the Gulf War of J 991 through the Tripanite Commission and forensic exhumations talcing place in Iraq. J offer the following points fot inclusion in your response: • The current Draft Statute ofthe Iraqi Special Tribunal does provide for the prosecution of persons accused ofcommitti~g w~r crimes, crimes against humanity, 1\nd genocide in Kuwait and against Kuwaiti citizens, whether inside or outside of Kuwait at the time of commission. Specifically, Sections l(c) and 10 of the Draft Statute provide jurisdiction over any Iraqi national, or .resident of lra.q, accused of committing genocide, crimes against humanity, war crimes and specific enumerated frdqi laws, against the State of Kuwait, between July 17, 1968 and May 1, 2003. • Tlte current Draft St3tute oflhe Iraqi Special Tribunal, in Section 7(i). allows Tribunal lnvestigative Judges "to gather evidence from whatever source he considers reliable." This could include evidence provided by the Kuwaiti Prosecutor General, and can be more specifically referenced in 'the Rules of Procedure for the Court, which arc in their f:arly suges. Perhaps also, the State of Kuwait could offer to integrate Kuwaiti investigators imo the Iraqi investigative teams that focus on these' crimes. • The Iraqi Special Tribunal statute is a criminal starute, and docs not include provisions for compensation for any victim, whether Iraqi, Kuwaiti, or otherwise. I am happy to pass along these conccms to the Iraqi Governing Council for their future consideration . .... '. ··:~ ... ;t .·.