VZCZCXYZ0045
PP RUEHWEB

DE RUCNDT #0613/01 0871414
ZNR UUUUU ZZH
P 281414Z MAR 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 8484
INFO RUEHLB/AMEMBASSY BEIRUT PRIORITY 0648

UNCLAS USUN NEW YORK 000613 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KCRM LE PGOV PREL UNSC
SUBJECT: UN LEGAL COUNSEL BRIEFS ON LEBANON SPECIAL COURT 
 
 
¶1.  Nicolas Michel, UN Under-Secretary General for Legal 
Affairs, briefed Security Council members March 23 on the 
status of preparations for a Lebanese Special Court.  The 
briefing followed the release on March 21 of the Secretary 
General's Report (S/2006/176) on efforts to assist the 
Government of Lebanon to identify the nature and scope of 
assistance needed to try those responsible for the attack 
that killed former Prime Minister Hariri and others.  Michel 
referred to the main elements covered by the report:  the 
"founding instrument" for the tribunal, jurisdiction, 
applicable law, composition and costs.  He emphasized that 
discussions with the Lebanese have been carried out in 
parallel with the International Independent Investigation 
Commission (UNIIIC) investigation, the results of that 
investigation will be used and phasing in the Tribunal 
activities would make operational sense. 
 
¶2.  Following Michel's comments, the French Permanent 
Representative introduced, on behalf of the P3, the text of a 
draft resolution (para 5) that would authorize the UN to 
negotiate an agreement establishing a  "tribunal of an 
international character".  Amb. de la Sabliere stressed that 
there is a consensus in Lebanon that international assistance 
is needed.  He said the Tribunal should be "as Lebanese as 
possible and as international as required".  He noted that 
the guidelines in the Report would provide a good basis for 
negotiation.  De la Sabliere urged quick action so that the 
resolution could be adapted at the beginning of next week and 
asked Michel whether an additional agreement would be needed 
with the country hosting the trial? 
 
¶3.  Initial reactions of other Council members were generally 
positive.  Greece, Japan, Russia, Slovakia, Peru, and 
Argentina indicated that the Court's jurisdiction should be 
restricted to the terrorist attack that killed Hariri.  While 
many expressed support for voluntary funding (Tanzania, 
Russia, China, Peru), Denmark stated a preference for 
financing through assessed contributions citing the "chronic 
financial problems" of the Sierra Leone Special Court. 
 
¶4.  Congo noted that the proposal is very acceptable because 
it would be assisting Lebanon and Qatar signaled their 
willingness to be co-operative in order to achieve agreement 
on the resolution.  Michel predicted that they could work 
quickly to establish the basis of agreement for the Tribunal 
since their previous discussions with the Lebanese legal team 
had been in depth.  He again referred to a sequential 
approach and said it may be necessary to establish the Office 
of the Prosecutor first.  In response to Argentina's 
admonition to avoid the death penalty, Michel noted that on 
that point the agreement would follow previous UN practice in 
establishing tribunals. 
 
¶5.  The French convened consultations on March 24 to begin 
discussion of the following draft: 
 
Begin text:  Draft - 23/3/06 
 
Draft resolution following the SG's report on a tribunal of 
an international character 
 
The Security Council, 
 
PP1.  Recalling all its previous relevant resolutions, in 
particular resolutions 1595 (2005) of 7 April 2005, 1636 
(2005) of 31 October 2005 and 1644 (2005) of 15 December 2005, 
 
PP2.  Reiterating its call for the strict respect of the 
sovereignty, territorial integrity, unity and political 
independence of Lebanon under the sole and exclusive 
authority of the Government of Lebanon. 
 
PP3.  Mindful of the demand of the Lebanese people that all 
those responsible for the terrorist bombing that killed 
former Lebanese Prime Minister Rafiq Hariri and others be 
identified and brought to justice. 
 
PP4.  Recalling the letter of the Prime Minister of Lebanon 
to the Secretary-General of 13 December 2005 (S/2005/783) 
requesting inter alia the establishment of a tribunal of an 
international character and recalling its request to the 
Secretary-General in its resolution 1644 (2005) to help the 
 
SIPDIS 
Government of Lebanon identify the nature and scope of the 
international assistance needed in this regard, 
 
PP5.  Having examined the report of 21 March 2006 submitted 
by the Secretary-General pursuant to paragraph 6 of 
resolution 1644 (2205) (S/2006/176), and welcoming the common 
understanding achieved between the Secretariat and the 
Lebanese authorities on the key issues regarding the 
establishment and the main features of a possible tribunal, 
 
PP6.  Willing to continue to assist Lebanon in the search for 
the truth and in holding all those involved in the attack 
accountable for the crimes committed, 
 
OP1.  Welcomes the report of the Secretary-General, and 
requests him to negotiate an agreement with the Government of 
Lebanon aimed at establishing a tribunal of an international 
character taking into account the recommendations of his 
report; 
 
OP2.  Acknowledges that the adoption of the legal basis of, 
and framework for, the tribunal, would not prejudice the 
gradual phasing-in of its various components and would not 
predetermine the timing of the commencement of its 
operations, which will depend on the progress of the 
investigation; 
 
OP3.  Requests the Secretary-General to submit in a timely 
manner for the consideration of the Council a report on the 
implementation of this resolution, in particular on the draft 
agreement negotiated with the Lebanese Government, including 
options for a funding mechanism appropriate to ensure the 
continued and effective functioning of the tribunal. 
 
OP4.  Decides to remain seized of the matter. 
 
End Text 
 
 
 
 
 
BOLTON