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SHAPE
News Summary & Analysis
30
January 2003
NATO
- Turkey reportedly plans appeal
to break NATO’s Iraq deadlock
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GERMANY-IRAQ
- Legal experts: U.S. overflights
without UN mandate need government approval
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BALKANS
- SFOR hands over Al Qaeda suspect
to Bosnian authorities
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NATO
- According
to Reuters, a Turkish diplomat said in Brussels Thursday
Turkey plans to appeal directly to its allies to help defend
it in the event of a U.S.-led war against Iraq in a move to
break deadlock at NATO over indirect military support for
a war. “I don’t think we’ll wait
too long. It may be in a day or two, but I expect we would
wait until early next week,” the diplomat, who asked
not to be named, reportedly said. He added that Ankara was
now considering putting forward the same package of measures,
but specifically as a request for protection against attack
by its neighbor. “What we’re going to
do is hold the Alliance to a round of consultations under
Article IV,” he said, adding: “At
the end of that we will put a request on the table. It will
be the same as the one on the table now, but it will have
a different nature to it. Some countries still see the package
as a U.S. one, they see it as supporting the United States,
but if it comes from Turkey, maybe they wouldn’t see
it as such.” The dispatch adds that another
diplomat said a formal request from Turkey for solidarity
would raise the stakes to a much higher level. “You
can mess around with the Americans over something not central
to the Alliance such as an attack on Iraq, but defending members
is central to the Alliance,” the diplomat reportedly
said. Diplomats were also quoted saying Ankara would
need to proceed cautiously because continued refusal after
a formal request from Turkey for support could seriously dent
NATO’s credibility. “The Turks know it
would be catastrophic if they invoked Article IV and it wasn’t
responded to. Article IV puts you into things which
are obligations: there’s a guaranteed train wreck if
it doesn’t work,” the diplomats reportedly
warned. The Wall Street Journal, Jan. 29, quoted unidentified
NATO officials saying that as NATO continues to delay preparations
for war against Iraq, Turkey may soon decide to nudge the
Alliance into action by asking for its help in defending Turkey’s
territory against Iraq’s retaliatory strikes. The newspaper
noted that such a decision would increase political pressure
on NATO to begin drawing up and implementing contingency plans
for a U.S.-led war. If Turkey decides to formally ask for
NATO’s help, the Alliance will find it much more difficult
to remain on the sidelines and delay military planning, the
daily noted and explained: The mechanism for such a request
is contained in Article IV of the Alliance’s founding
Washington Treaty which says that NATO countries “will
consult together whenever, in the opinion of any of them,
the territorial integrity, political independence or security
of any of (the Alliance’s members) is threatened.”
In another development, the Financial Times reports Turkey’s
armed forces said Wednesday they were sending military equipment
and supplies to the eastern part of the country in preparation
for a possible U.S.-led military attack against Iraq. The
decision was the first concrete sign that Turkey, may be resigned
to war, the newspaper comments. It adds, however, that in
a statement the Turkish Army General Staff stressed that the
decision did not mean a military operation was imminent or
that Turkey would participate in it. A related article in
The Guardian writes that the Army’s General Staff’s
statement, signaled the quickening pace of military preparations
in the region even though Ankara has not yet decided whether
to allow U.S. forces to be deployed at Turkish bases.
Media
focus on a joint letter by the heads of eight European states--Britain,
Spain, Italy, Portugal, Hungary, Poland, Denmark and the Czech
Republic—in which they declared their solidarity with
the United States in its campaign to disarm Saddam Hussein.
The joint declaration, published in 12 European newspapers,
is generally seen as rebuff to France and Germany. Media also
consider that the declaration has put to light Europe’s
divisions over the handling of Saddam Hussein’s regime.
While the declaration does not outline new positions for the
signers, it sets down a public marker on behalf of the United
States in an increasingly heated debate over its use of power.
Now it will be harder for Germany, which takes over the chairmanship
of the UN Security Council next month, and France to say that
they are speaking for Europe as the showdown with Iraq hits
its crucial phrase, writes the Wall Street Journal.
In a calculated rebuff to France and Germany, writes The Times,
the declaration lays bare Europe’s divisions.
Divisions within the EU over how to handle the Iraqi regime
have been blown wide open with the letter by the eight European
leaders, comments AFP.
GERMANY-IRAQ
Leading German media echo a report in Berliner
Zeitung which claim that according to legal experts, U.S. overflights
in case of a war against Iraq without UN mandate would require
the approval of the German government.
Under the title, “Berlin might stop U.S. jets,”
Berliner Zeitung recalls that at the NATO summit in Prague,
Chancellor Schroeder promised to give the United States free
rein as regards the use of its bases in Germany. It stresses,
however, that legal experts in the Bundestag hold a different
view. A legal opinion by the parliamentary Scientific Service
reportedly argues that the NATO Status of Forces Agreement and
relevant additional agreements only provide for the United States
being automatically granted overflight rights and the right
to use facilities for normal training purposes, or if the mutual
defense clause is invoked. In the event of an Iraq war without
a UN mandate, however, this would not be a case of mutual defense.
In a second legal opinion, adds the newspaper, the Scientific
Service comes to the conclusion that the existing UN resolutions
do not provide “sufficient foundation for the legitimation
of a future military action against Iraq” and that another
Security Council resolution will be necessary.
BALKANS
- AP reports NATO-led
troops Thursday transferred a Bosnian Moslem, who has been
held at their base since October as a terrorist suspect, to
the local authorities in Bosnia. The dispatch recalls
that Sabahudin Fijuljanin was detained by U.S. troops based
in Tuzla first for allegedly spying on their base and possession
of weapons, which is illegal in Bosnia as well as for having
links to Al Qaeda. It notes that the individual never admitted
he had those links and SFOR never presented any evidence and
never laid charges against him. His extended detention prompted
human rights groups to accuse SFOR of violating Fijuljanin’s
rights by keeping him in custody without charge, stresses
the report. A related AFP dispatch quotes an SFOR press release
saying “SFOR has now reached a point in its investigation
that can accommodate transfer of Fijuljanin” to the
authorities of the Moslem-Croat half of Bosnia. His handover
“does not diminish our position that he is a threat”
to SFOR personnel and a “safe environment in the country,”
SFOR reportedly added, stressing that local authorities were
to continue the investigation.
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