VZCZCXYZ0005
OO RUEHWEB

DE RUEHC #8678 1212143
ZNY CCCCC ZZH
O P 012136Z MAY 07
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHLB/AMEMBASSY BEIRUT PRIORITY 0000
RUEHDM/AMEMBASSY DAMASCUS PRIORITY 0000

C O N F I D E N T I A L STATE 058678 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 04/29/2017 
TAGS: UNSC LE PREL PTER
SUBJECT: CANVASSING SECURITY COUNCIL MEMBERS' FOR VIEWS ON 
ESTABLISHMENT OF SPECIAL TRIBUNAL FOR LEBANON 
 
REF: EMAIL MEYER/REINEMEYER/PHEE/KUMAR 4/30/07 
 
Classified By: Assistant Secretary Kristen Silverberg, 
for reasons 1.4 (b) and (d). 
 
¶1.  (C)  This is an action request.  Department requests USUN 
to canvass the Missions of Italy, Belgium, Slovakia, Peru, 
Panama, Congo-B, China, Indonesia, and Ghana about their 
views on establishing the Special Tribunal for Lebanon, given 
the impasse in Lebanon.  The information will be used to 
develop tailored arguments for demarches or other contacts 
with individual Council members.  Department is clear on the 
need for UN Security Council action to establish the Tribunal 
via a Chapter VII resolution, but specific questions on 
timing and content of a resolution are still under 
discussion.  Thus, USUN should not engage directly at this 
time on the question of how Chapter VII might be used. 
 
¶2.  (U)  Objectives:  Department requests USUN pursue the 
following objectives, drawing on background material in paras 
3-5 below. 
 
--  Solicit Council members' views on how to establish the 
Tribunal given the impasse in Lebanon. 
 
--  For countries either leaning towards support for Council 
action, or completely undecided:  Encourage them to make 
statements during Wednesday's consultations expressing 
concern about the failure of the Lebanese Parliament to open 
and endorse the establishment of the Tribunal, and support 
for prompt action in view of the long lead-time needed to get 
the Tribunal up and running. 
 
--  For Belgium and Slovakia:  Urge them to mention the need 
to consider Security Council action to establish the Tribunal 
if all other options have been exhausted. 
 
--  For Italy:  Underscore the importance of Italian support 
for the Tribunal given Italy,s role in UNIFIL.  Urge the 
Italians to support consideration of UN action to establish 
the Tribunal. 
 
¶3.  (C)  Background:  On May 2, UN Legal Advisor Nicolas 
Michel is expected to brief the Council on his recent trip to 
Lebanon and his assessment that the establishment of the 
Hariri Tribunal has reached an impasse in Lebanon.  It 
follows that this will prompt Council members to consider 
whether the Council should take action to establish the 
Tribunal.  Based on previous discussions of the Tribunal in 
the Council, Department expects that Russia, Qatar and South 
Africa will make strong statements against the UN Security 
Council taking action to establish the Tribunal via a Chapter 
VII resolution.  The U.S., France and Britain (although 
reserved) will support UN action to establish the Tribunal, 
but will refrain from discussing specific next steps. 
Department is less clear about what other Council members are 
preparing to say during consultations about the establishment 
of the Tribunal. 
 
¶4.  (U)  Background continued:  Per Ref email, a delegation 
from The American Lebanese Coalition (ALC) met with Council 
members in NY April 24-26 to discuss the Tribunal and other 
subjects.  According to a readout provided by the ALC, the 
main arguments raised by Council Members against UN action to 
establish the Tribunal included: 
 
--  Lebanon is not united behind a Chapter VII resolution to 
establish the Tribunal. 
 
--  The Government of Lebanon has not requested a Chapter VII 
resolution. 
 
--  Some Council members are uncomfortable "imposing" a 
Chapter VII resolution on a sovereign government to establish 
a Tribunal. 
 
--  The internal Lebanese situation will deteriorate if the 
UN imposes the Tribunal. 
 
--  Brammertz' investigation is going nowhere.  Why hurry 
with the Tribunal? 
 
According to the ALC,s assessment, Council Members fall into 
these general categories: 
 
--  Pro-Lebanon:  U.S. and the 5 EU members, with Italy being 
the most reserved. 
 
--  Pro-Syria:  Russia, Qatar, and South Africa. 
 
--  Leaning pro-Lebanon:  Peru and Panama. 
 
--  Unclear:  China, Indonesia, Congo, Ghana. 
 
¶5.  (U)  Additionally, USUN may draw from the following 
points, at its discretion, to address concerns that some 
Council members may have: 
 
--  Efforts to weaken Siniora,s Cabinet are clearly intended 
to undermine Lebanon's sovereignty and political 
independence. 
 
-- It is clear that the Lebanese people want to see justice 
done in this case. As indicated in the April 3 letter to 
UNSYG Ban, the majority of the Lebanese Parliament favors the 
Tribunal and is actively seeking UN assistance to establish 
it.  Yet a minority within Lebanon and forces outside of 
Lebanon are blocking the process, and in doing so are 
paralyzing Lebanon. 
 
--  Establishment of the Tribunal is necessary to see justice 
done, prevent future crimes, and preserve the Lebanese 
judicial process. 
 
--  It is particularly disconcerting to note that the 
Lebanese parliament, which was scheduled to reconvene its 
regular session on March 20, has still not met. 
 
--   Lebanese parliamentary action to approve the Tribunal 
would of course be preferable, but last-ditch diplomatic 
efforts to secure Lebanese parliamentary ratification of the 
Tribunal have failed. At this point there is no realistic 
prospect for breaking the impasse. 
 
--  We understand you might be concerned that Council Action 
could interfere with Lebanese sovereignty. The best way for 
the Council to help preserve Lebanese sovereignty would be to 
establish the Tribunal and protect Lebanon from those who 
seek to destroy its sovereignty through continued violence 
and assassinations. 
 
--  We understand fully the importance of respecting the 
internal processes of member states, but this is a case where 
the subversion of that process - through terrorism and other 
threats of violence - is itself the heart of the problem. 
 
¶6.  Point of contact:  USUN should report feedback to IO/UNP: 
 Anneliese Reinemeyer (202 647-0046 or in the GAL). 
RICE