VZCZCXRO9605
OO RUEHAST
DE RUCNDT #1907/01 2771408
ZNR UUUUU ZZH
O 041408Z OCT 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0347
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHEE/ARAB LEAGUE COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 04 USUN NEW YORK 001907 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC IS SY LE
SUBJECT: UNSC WELCOMES LATEST BRAMMERTZ REPORT BUT DIFFERS 
ON ASSESSMENTS OF SYRIAN COOPERATION WITH INVESTIGATION 
 
REF: STATE 162320 
 
USUN NEW Y 00001907  001.2 OF 004 
 
 
This is a corrected copy of USUN 1900. 
 
¶1. (SBU) Summary.  During a public briefing to the UNSC on 
September 29, UN International Independent Investigation 
Commission (UNIIIC) Head Serge Brammertz hewed closely to the 
contents of his latest report to the UNSC to document 
progress in the investigation into the murder of former 
Lebanese Prime Minister Rafiq Hariri.  Asserting that Hariri 
likely had been killed by a male suicide bomber in his 20s, 
Brammertz reaffirmed that the Commission is developing its 
case to an "evidentiary standard" sufficient for an 
international tribunal, and asserted that the other 14 
attacks carried out in Lebanon since October 2004 had not 
been carried out by 14 separate groups.  Brammertz described 
Syrian cooperation with UNIIIC as "generally satisfactory" 
and asked for assistance from member states to protect 
witnesses, provide information, and supply qualified 
personnel to the Commission.  Brammertz was similarly 
tight-lipped during closed consultations with UNSC members 
after his public briefing, but outlined his expectation that 
the investigation of the other 14 cases would confirm links 
between those attacks and the Hariri assassination. 
 
¶2. (SBU) Summary, cont'd. During a separate bilateral meeting 
with Ambassador Bolton on September 27, Brammertz confided 
that the same cell phone numbers had been used before several 
of the other 14 attacks.  He confessed he was unsure if the 
investigation would conclude by June 2007 or if it would need 
an additional year, but saw no problem with the UN and 
Lebanese establishing the tribunal soon.  Brammertz did warn 
against hiring judges too soon, however, lest the Lebanese 
force the issue of four generals incarcerated on UNIIIC's 
advice before the prosecutor can argue those cases.  He 
confirmed it would be "extremely difficult" for him to remain 
at UNIIIC beyond December 2006, but pledged to help identify 
a successor. 
 
¶3. (SBU) Summary, cont'd.  Speaking during closed 
consultations, most member states welcomed the progress 
UNIIIC had achieved.  Russia, however, argued against 
"artificially" forcing the investigation forward and decried 
the willingness of other UNSC members to treat preliminary 
observations as facts.  Slovakia and Denmark joined P-3 
delegations in highlighting the "variable" quality of answers 
given by Syrian witnesses to insist that the SARG meet UNSCR 
demands by "fully and unconditionally" cooperating with the 
Commission, but Russia, Qatar, Argentina, Japan, Greece, and 
Tanzania welcomed Syria's "generally satisfactory" 
cooperation.  France and the UK joined Ambassador Sanders in 
arguing that the Council would need to ensure the tribunal to 
try those responsible for Hariri's murder enjoys the same 
authorities provided to the Commission.  During the public 
meeting, Syrian PR Bashar Ja'afari argued that the Commission 
should consider "war crimes" supposedly perpetrated by Israel 
against Lebanon as well as the killing of the Mazjoub 
brothers (reportedly members of Palestinian Islamic Jihad) in 
Lebanon in May 2006.  Due to differences in assessments of 
Syrian cooperation with the Commission, the Council adopted a 
general press statement welcoming Brammertz's report and 
reaffirming the UNSC's support for the UNIIIC.  End Summary. 
 
Brammertz Hews Closely to Report in Public... 
--------------------------------------------- 
 
¶4. (U) During his public briefing to the UNSC, Brammertz 
hewed closely to the contents of his latest report to the 
Council in describing the progress UNIIIC had achieved over 
the past three months.  He said several of the human remains 
discovered at the blast site point to a male in his early 20s 
as the suicide bomber and reported that the Commission is 
trying to determine the bomber's regional origin through DNA 
and dental examinations.  Brammertz suggested that Rafiq 
Hariri had been the subject of surveillance and possibly 
earlier assassination attempts, and that the bombing team 
knew enough to evade the counter-measures Hariri's security 
employed to protect him.  Turning to investigations into the 
other 14 attacks, the Commissioner argued that these attacks 
were not commissioned and executed by 14 separate groups.  He 
underscored his assessment that Syrian cooperation with 
UNIIIC continued to be "generally satisfactory," and during 
the public briefing did not repeat charges in his report that 
the quality of cooperation given by Syrian witnesses had been 
"variable."  Brammertz concluded his public briefing by 
appealing to member states to respond quickly to UNIIIC's 
requests for assistance, to help in protecting the 
Commission's witnesses, and to ensure that the Commission can 
 
USUN NEW Y 00001907  002.2 OF 004 
 
 
recruit and retain qualified personnel. 
 
...And Offers Little More in Private 
------------------------------------ 
 
¶5. (SBU) Responding to questions from member states during 
closed consultations after his briefing, Brammertz offered 
only a few more details about the status of his 
investigation.  Asked whether Syrian cooperation had been 
"full and unconditional," Brammertz highlighted the 
sensitivity of this issue to defend his earlier 
characterization that it had been "generally satisfactory." 
The SARG had answered all 11 requests put to it by the 
Commission in a timely fashion and had provided all 
documentation requested, Brammertz reported.  Interviews with 
Syrian witnesses had been well-organized logistically, he 
continued, but the level of individual cooperation had been 
"variable."  Brammertz deferred all questions about the 
timing of the establishment of a tribunal and its location to 
the Secretariat and the GOL.  In response to interventions by 
Russia and Japan, among others, he shared his expectation 
that investigations into the other 14 attacks would confirm 
links between those cases and the Hariri case -- a 
"complementarity" that should reassure members who prefer the 
Commission's focus remain on the Hariri investigation. 
 
Brammertz Meeting with Amb. Bolton 
---------------------------------- 
 
¶6. (SBU) Brammertz was a bit more forthcoming during a 
bilateral meeting with Ambassador Bolton and poloff 
(notetaker) on September 27.  Explaining that the same cell 
phone numbers had been used before several of the other 14 
attacks, Brammertz expressed optimism that the Commission 
would be able to use this evidence to establish links in 
court.  He said he could not predict whether the 
investigation would conclude by June 2007 or need an 
additional year, but expressed confidence that it was making 
steady progress.  Despite the uncertainty about the timeline 
for the investigation, Brammertz said he had no problem if 
the Lebanese decided -- for "symbolic political reasons" -- 
to establish the tribunal soon.  But he warned that hiring 
judges could force the issue of the four Lebanese generals 
detained on the recommendation of former 
UNIIIC head Detlev Mehlis.  The Lebanese would immediately 
ask the tribunal to rule on their fate, Brammertz predicted, 
but the prosecutor would not yet have enough evidence to 
argue the case against them.  He suggested, therefore, that 
the UN establish the tribunal on paper to satisfy the 
Lebanese, but wait to set it up in practice until the 
investigation is further along. 
 
¶7. (SBU) Asked whether he planned to stay on as UNIIIC head 
after his current term expires in December 2006, Brammertz 
said it would be "extremely difficult" to secure another 
extension of his leave from the International Criminal Court. 
 Ambassador Bolton told Brammertz the U.S. would want him to 
remain at UNIIIC and urged him find a way to stay.  But if 
that proves impossible, Ambassador Bolton urged Brammertz to 
help identify a successor to ensure the Commission suffers no 
gap in leadership.  Pledging to do his part on that front, 
Brammertz predicted it would be easier to attract and retain 
personnel to the Commission now that the establishment of a 
tribunal appeared likely.  Although the Commission still 
faces the "normal problems" of recruitment, Brammertz 
recalled the strong support he has received from SYG Annan 
and Secretariat staff.  He expressed hope that he would be 
able to convince the UN controller to authorize longer-term 
employment contracts for UNIIIC staff than the standard UN 
six-month duration. 
 
Predictable Lebanese and Syrian Responses 
----------------------------------------- 
 
¶8. (U) Speaking after Brammertz during the September 29 
briefing to the Security Council, Lebanese Charge d'Affaires 
Caroline Ziade thanked Council members for supporting the 
Commission's work and welcomed progress achieved thus far in 
the investigation.  She expressed hope that "cooperation with 
all relevant parties would continue and improve."  Turning to 
negotiations between the Government of Lebanon and the UN 
Secretariat on the draft treaty to establish the Hariri 
 
SIPDIS 
tribunal, Ziade reported that establishment of the court 
enjoys wide support within Lebanon and that it embodies the 
hope that Lebanon will no longer be victim to political 
assassinations.  Urging the Security Council to approve the 
establishment of the tribunal quickly, she emphasized that 
Lebanon would continue to insist that the whole truth behind 
 
USUN NEW Y 00001907  003.2 OF 004 
 
 
Hariri's murder and other crimes be uncovered. 
 
¶9. (U) Syrian PermRep Bashar Ja'afari, who continued the 
SARG's practice of requesting to speak at every public UNSC 
meeting on the UNIIIC, welcomed Brammertz's report and 
pledged the SARG would continue to cooperate with the 
Commission as long it remained "professional and expert."  He 
noted UNIIIC's observation that Syria's cooperation had been 
satisfactory and warned against "attempts by some in the 
region and beyond" to exploit the UNIIIC process by jumping 
to "prefabricated" conclusions and providing unsupported 
information.  Underscoring the need to examine "new 
hypotheses" regarding the assassination, Ja'afari charged 
that those who had provided false testimony should be held to 
account.  Turning to the Commission's investigations into the 
other 14 attacks, he argued UNIIIC should also investigate 
"war crimes" allegedly committed by Israel during the recent 
war in Lebanon as well as the May 2006 assassination of the 
two Mazjoub brothers in Lebanon. (Note: The Mazjoub brothers 
were reportedly members of Palestinian Islamic Jihad.  End 
Note.) 
 
Most Council Members Welcome UNIIIC Progress 
-------------------------------------------- 
 
¶10. (SBU) Most Council members, with the notable exception of 
Russia, expressed satisfaction with the Commission's 
progress, particularly given the challenges imposed by the 
Commission's temporary relocation to Cyprus during the recent 
war.  France, the UK, and Denmark joined Ambassador Sanders 
in commending UNIIIC's efforts to develop its cases to an 
evidentiary standard required by an international tribunal 
and expressed support for the Commission's efforts to explore 
links between the 14 other cases and the Hariri 
investigation.   Qatar also urged the Commission to follow up 
on leads related to the other 14 attacks.  Russian PR 
Churkin, however, stated that the Commission should not be 
made to "artificially" force its investigation forward. 
Declaring that the UNIIIC's conclusions are only preliminary 
and could be modified based on new evidence, Churkin 
cautioned his colleagues not to take these observations as 
facts before a tribunal decides on their validity.  He also 
underscored Russia's view that the Commission should be 
primarily dedicated to investigating the death of Rafiq 
Hariri and asserted that its mandate is only to extend 
technical assistance to the GOL in its investigations into 
the other 14 attacks.  Japanese PR Oshima agreed that the 
priority of the Commission's work should focus on the Hariri 
case. 
 
But Differ on Assessments of Syrian Cooperation 
--------------------------------------------- -- 
 
¶11. (SBU) France, the UK, Slovakia, and Denmark joined 
Ambassador Sanders in highlighting the Commission's 
observation that the quality of answers provided by Syrian 
witnesses had been "variable" and calling on the SARG to 
"fully and unconditionally" cooperate with the UNIIIC as 
required by UNSCRs.  On the other hand, Russia, Qatar, 
Argentina, Japan, Greece, and Tanzania welcomed the 
Commission's assessment that Syrian cooperation had been 
"generally satisfactory" and expressed hope that such 
cooperation would continue.  Russian PR Churkin lamented the 
Council's inability to "objectively reflect" Syrian 
cooperation in a statement to the press (see below).  China 
struck a compromise position by encouraging the SARG to 
comply with the relevant UNSCRs by continuing to 
satisfactorily cooperate with the Commission. 
 
P-3 Lay Down Marker on Tribunal 
------------------------------- 
 
¶12. (SBU) Deploying reftel points, Ambassador Sanders 
observed that as the UNSC prepares to consider the draft 
treaty establishing the Hariri tribunal, that it must ensure 
that the tribunal has the authority it needs to do its job 
effectively.  Noting that the Commission was working to 
provide the best possible basis for the tribunal to conduct 
its work, French PR de la Sabliere expressed "no doubt" about 
the Council's "common determination" to live up to its 
responsibilities in this regard as well.   British PR 
Jones-Parry echoed Ambassador Sanders' statement that the 
tribunal must have the same authority the Commission 
currently enjoys. 
 
Council Issues Brief Press Statement 
------------------------------------ 
 
 
USUN NEW Y 00001907  004.2 OF 004 
 
 
¶13. (U) After the meeting, the Greek PR (as President of the 
UNSC) read out the statement below to the press on behalf of 
all the members of the Council.  The French had earlier 
circulated a more detailed press statement that noted the 
Commission's observations about linkages between the other 14 
cases as well as preparations to establish the tribunal, but 
the Russians, Chinese, Qataris, and Argentines insisted on 
language effectively praising Syrian cooperation with the 
Commission.  Since member states could not reach agreement on 
a more detailed statement, the Council agreed on the general 
statement below: 
 
"The members of the Security Council received a briefing 
today from Commissioner Serge Brammertz on the fifth report 
of the International Independent Investigation Commission on 
the assassination of former Prime Minister of Lebanon Rafiq 
Hariri. 
 
The members of the Security Council welcomed the report and 
commended Mr. Brammertz and his team for their outstanding 
professional work. 
 
The members of the Security Council are encouraged by the 
report's conclusion that progress has been made in all 
investigative areas. 
 
The members of the Security Council reiterated their 
unwavering support for the Commission and its central role in 
identifying the perpetrators, organizers, and sponsors of the 
assassination of former Prime Minister of Lebanon Rafiq 
Hariri so that they can be brought to justice. 
 
The members of the Council also reiterated their support for 
the Commission in extending further its technical assistance 
to the Lebanese authorities in their investigation into the 
other attacks perpetrated in Lebanon since 1 October 2004, in 
accordance with its mandate established by the Security 
Council resolutions. 
 
They stand ready to assist the Commission as necessary." 
BOLTON