VZCZCXYZ0000
OO RUEHWEB

DE RUCNDTA #2187 3281454
ZNR UUUUU ZZH
O 241454Z NOV 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 0000
INFO UN SECURITY COUNCIL COLLECTIVE
ARAB ISRAELI COLLECTIVE
ARAB LEAGUE COLLECTIVE
EUROPEAN POLITICAL COLLECTIVE

UNCLAS USUN NEW YORK 002187 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL UNSC IS SY LE
SUBJECT: UNSC APPROVES AGREEMENT ESTABLISHING LEBANON 
SPECIAL TRIBUNAL 
 
 
¶1. (SBU) SUMMARY.  DURING CLOSED CONSULTATIONS ON NOVEMBER 
21, THE UN SECURITY COUNCIL UNANIMOUSLY APPROVED A LETTER 
 
 
 
PAGE 02 RUCNDTA2187 UNCLAS 
FROM THE COUNCIL PRESIDENT TO SYG ANNAN EXPRESSING 
SATISFACTION WITH THE AGREEMENT NEGOTIATED BETWEEN THE UN AND 
THE GOL TO ESTABLISH A LEBANON SPECIAL TRIBUNAL AND INVITING 
THE SYG TO PROCEED WITH THE FINAL STEPS TO ESTABLISH THE 
COURT.  ONCE THE SYG SIGNS THE AGREEMENT, IT WILL BE 
SUBMITTED TO THE GOL FOR RATIFICATION, AFTER WHICH THE 
TRIBUNAL AGREEMENT WILL ENTER INTO FORCE.  DURING SC 
CONSULTATIONS ON NOVEMBER 20 PRECEDING THE COUNCILS APPROVAL 
OF THE LETTER, HOWEVER, THE QATARI DELEGATION QUESTIONED THE 
CONSTITUTIONALITY OF THE GOL CABINET DECISION ENDORSING THE 
TRIBUNAL AGREEMENT AND THE UN'S DECISION NOT TO CONSIDER 
LEBANESE PRESIDENT LAHOUD'S OBJECTIONS TO THE TEXT.  RUSSIAN 
PR CHURKIN OBJECTED TO PASSAGES IN THE SYG'S REPORT 
ACCOMPANYING THE AGREEMENT ON CRIMES AGAINST HUMANITY (OVER 
WHICH THE TRIBUNAL DOES NOT HAVE JURISDICTION) AND THE 
POSSIBLE LINKAGES BETWEEN THE HARIRI ASSASSINATION AND THE 
OTHER 14 ATTACKS COMMITTED IN LEBANON BETWEEN OCTOBER 2004 
AND DECEMBER 2005. 
 
¶2. (SBU) SUMMARY, CONT,D.  FRANCE, THE UK, GREECE, AND 
 
 
 
PAGE 03 RUCNDTA2187 UNCLAS 
OTHERS JOINED AMBASSADOR BOLTON IN PUSHING FOR QUICK SC 
ACTION TO APPROVE THE TRIBUNAL AGREEMENT AND ARGUING THAT 
ONLY THE LEBANESE COULD DECIDE WHEN THEIR CONSTITUTIONAL 
PROCESS IS COMPLETE.  WHILE JAPAN EMPHASIZED ITS STRONG VIEW 
THAT THE TRIBUNAL COULD BE FUNDED ONLY THROUGH VOLUNTARY 
CONTRIBUTIONS -- WHICH THE USG, UK, AND ARGENTINA SUPPORTED 
AND THE COUNCIL LATER ENDORSED -- THE JAPANESE DELEGATE 
RAISED CONCERNS ABOUT LANGUAGE IN THE SYG'S REPORT THAT THE 
COUNCIL WOULD CONSIDER ALTERNATE MEANS OF FINANCING THE COURT 
IF VOLUNTARY CONTRIBUTIONS PROVE INSUFFICIENT.  UN OFFICE OF 
LEGAL AFFAIRS (OLA) HEAD NICOLAS MICHEL DEFENDED THE PROCESS 
BY WHICH THE UN AND GOL NEGOTIATED THE TRIBUNAL AGREEMENT, 
BUT EXPRESSED REGRET ABOUT THE CONTROVERSY SURROUNDING THE 
SYG'S REPORT.  END SUMMARY. 
 
COUNCIL APPROVES TRIBUNAL AGREEMENT 
----------------------------------- 
 
¶3. (SBU) DURING CLOSED CONSULTATIONS ON NOVEMBER 21, THE UNSC 
APPROVED A DRAFT LETTER FROM THE PRESIDENT OF THE COUNCIL TO 
 
 
 
PAGE 04 RUCNDTA2187 UNCLAS 
THE SYG EXPRESSING SATISFACTION WITH THE UN-GOL AGREEMENT 
ESTABLISHING THE LEBANON SPECIAL TRIBUNAL AND INVITING THE 
SYG TO PROCEED, TOGETHER WITH THE GOL, IN CONFORMITY WITH THE 
CONSTITUTION OF LEBANON, WITH THE FINAL STEPS FOR THE 
CONCLUSION OF THE AGREEMENT (TEXT OF THE LETTER E-MAILED TO 
IO/UNP).  FOLLOWING THE COUNCILS ENDORSEMENT, THE PERUVIAN 
PR, AS PRESIDENT OF THE UNSC, TRANSMITTED THE LETTER TO THE 
SYG ON NOVEMBER 21.  THE SYG WILL NOW SIGN THE TRIBUNAL 
AGREEMENT FORMALLY BEFORE SUBMITTING IT TO THE GOL TO BE 
RATIFIED ACCORDING TO LEBANON'S CONSTITUTIONAL PROCESS.  ONCE 
THE GOL RATIFIES THE AGREEMENT AND NOTIFIES THE UN 
ACCORDINGLY, IT WILL ENTER INTO FORCE AND THE TRIBUNAL WILL 
HAVE BEEN ESTABLISHED ON PAPER.  THE TRIBUNAL WILL NOT BEGIN 
FUNCTIONING, HOWEVER, UNTIL A DATE DETERMINED BY THE SYG IN 
CONSULTATION WITH THE GOL, AFTER TAKING INTO ACCOUNT THE 
PROGRESS OF THE UN INTERNATIONAL INDEPENDENT INVESTIGATION 
COMMISSION (UNIIIC). 
 
MICHEL OFFERS STRONG DEFENSE OF PROCESS... 
------------------------------------------ 
 
 
 
PAGE 05 RUCNDTA2187 UNCLAS 
 
¶4. (SBU) WARNING DURING CONSULTATIONS ON NOVEMBER 20 THAT 
"DARK FORCES" WANT TO DERAIL THE TRIBUNAL, MICHEL LAUNCHED AN 
IMPASSIONED DEFENSE OF THE AGREEMENT AND STATUTE AND CALLED 
ON THE COUNCIL TO HELP END IMPUNITY IN LEBANON BY CONTINUING 
ITS UNANIMOUS SUPPORT FOR THE UNIIIC / TRIBUNAL PROCESS. 
ALLUDING TO CONCERNS RAISED BY LEBANESE PRESIDENT LAHOUD 
ABOUT THE CONSTITUTIONALITY OF THE GOL CABINET DECISION 
APPROVING THE DRAFT AGREEMENT AND STATUTE (REFTELS), MICHEL 
DEFENDED THE PROCESS BY WHICH THE UN-GOL AGREEMENT WAS 
DRAFTED AND THE LEGITIMACY OF THE OUTCOME.  HE NOTED THAT THE 
LEBANESE JUDGES WHO NEGOTIATED WITH OLA WERE FULLY EMPOWERED 
BY GOL CABINET DECISIONS THAT INVOLVED LAHOUD AND THAT THE 
TRIBUNAL NEGOTIATIONS ENJOYED UNANIMOUS SUPPORT FROM 
LEBANON'S NATIONAL DIALOGUE.  ALTHOUGH THE NOVEMBER 13 
CABINET DECISION WAS OF MAJOR POLITICAL IMPORTANCE, MICHEL 
REPORTED THAT THE GOL WOULD ONLY BE LEGALLY BOUND BY THE 
TRIBUNAL AGREEMENT ONCE ITS CONSTITUTIONAL PROCESS -- 
INCLUDING PARLIAMENTARY RATIFICATION -- IS COMPLETE. 
 
 
 
 
PAGE 06 RUCNDTA2187 UNCLAS 
¶5. (SBU) TURNING TO THE PROVISIONS OF THE DRAFT AGREEMENT AND 
STATUTE, MICHEL SAID THE COURT WOULD EXPAND ITS JURISDICTION 
BEYOND THE HARIRI ASSASSINATION ONLY IF THE OTHER 14 ATTACKS 
COMMITTED BETWEEN OCTOBER 2004 AND DECEMBER 2005 MEET STRICT 
TESTS REGARDING THEIR CONNECTION TO THE HARIRI ATTACK.  HE 
SAID THE TRIBUNAL WOULD BE GOVERNED BY APPLICABLE LEBANESE 
SPECIAL TRIBUNAL 
 
CRIMINAL LAW WITHOUT ANY RECOURSE TO CONSIDER CHARGES OF 
CRIMES AGAINST HUMANITY.  ON THE APPOINTMENT OF JUDGES, 
 
 
 
PAGE 02 RUCNDTA2187 UNCLAS 
MICHEL CONFIRMED THAT THE SYG WOULD MAKE THESE DECISIONS IN 
CONSULTATION WITH THE LEBANESE.  HE OUTLINED THE FUNDING 
OPTIONS PRESENTED IN THE REPORT -- ASSESSED CONTRIBUTIONS, 
VOLUNTARY CONTRIBUTIONS, OR A COMBINATION OF BOTH -- AND 
NOTED THAT THE SYG WOULD DETERMINE WHEN THE TRIBUNAL WOULD 
BEGIN FUNCTIONING IN CONSULTATION WITH THE GOL AFTER 
CONSIDERING PROGRESS IN UNIIIC'S WORK.  ON THE TRIBUNALS 
DURATION, MICHEL NOTED THE AGREEMENT CREATES A MECHANISM TO 
CONSIDER THE COURT'S PROGRESS AFTER THREE YEARS BUT IF THE 
TRIBUNAL,S ACTIVITIES HAVE NOT CONCLUDED, THE TRIBUNAL WILL 
BE EXTENDED TO COMPLETE ITS WORK, FOR A PERIOD TO BE 
DETERMINED BY THE SYG IN CONSULTATION WITH THE GOL AND THE 
UNSC. 
 
QATAR AND RUSSIA RAISE DOUBTS 
----------------------------- 
 
¶6. (SBU) QATAR EVENTUALLY ACQUIESCED TO THE VIEWS OF OTHER 
COUNCIL MEMBERS DURING NOVEMBER 21 CONSULTATIONS AND 
SUPPORTED THE DRAFT UNSC LETTER TO THE SYG -- AFTER IT 
 
 
 
PAGE 03 RUCNDTA2187 UNCLAS 
CIRCULATED ITS OWN LETTER TO THE UNSC PRESIDENT PUTTING FORTH 
ITS INTERPRETATION THAT THE DRAFT LETTER REQUIRES THE 
APPROVAL OF PRESIDENT LAHOUD AND THE GOL PARLIAMENT.  DURING 
THE NOVEMBER 20 CONSULTATIONS, HOWEVER, QATAR EXCORIATED THE 
UN-GOL TRIBUNAL PROCESS AND EXPRESSED DOUBTS ABOUT THE 
CONSTITUTIONALITY OF THE GOL CABINET DECISION.  WARNING THAT 
QUICK SC ACTION COULD "POUR OIL ON THE FIRE" OF SECTARIAN 
TENSIONS IN LEBANON, QATARI PR NASSER MAINTAINED ON NOVEMBER 
20 THAT THE TRIBUNAL AGREEMENT DID NOT MEET LEBANESE 
CONSTITUTIONAL TESTS.  ASKING MICHEL WHY OLA HAD NOT 
CONSIDERED LAHOUD'S OBJECTIONS TO THE AGREEMENT, NASSER 
ARGUED THAT ALL LEBANESE PARTIES HAD TO SUPPORT THE TRIBUNAL 
AGREEMENT BEFORE IT COULD BE CONSIDERED LEGITIMATE. 
 
¶7. (SBU) AFTER NOTING IN THE NOVEMBER 20 CONSULTATIONS THAT 
THE LETTERS FROM SINIORA AND LAHOUD TO THE COUNCIL DIFFERED 
IN &TONE AND SUBSTANCE,8 RUSSIAN PR CHURKIN SAID THE 
COUNCIL MUST MAKE CLEAR THAT &WE EXPECT ALL CONSTITUTIONAL 
PROCEDURES OF LEBANON TO BE OBSERVED IN THE PROCESS OF 
ADOPTING THE DOCUMENTS.8  HE THEN FOCUSED DURING THE 
 
 
 
PAGE 04 RUCNDTA2187 UNCLAS 
NOVEMBER 20 CONSULTATIONS ON OBJECTIONS TO THE SYG'S REPORT. 
NOTING THAT THE AGREEMENT STIPULATES THAT THE TRIBUNAL WILL 
HAVE JURISDICTION OVER THE OTHER 14 ATTACKS IF THEY ARE FOUND 
TO BE RELATED TO THE HARIRI ASSASSINATION, CHURKIN ARGUED 
THAT THE SYG'S REPORT PRE-JUDGED THAT FINDING BY SUGGESTING 
THAT THE TRIBUNAL WOULD NOT BE ABLE TO PROPERLY CONSIDER THE 
HARIRI CASE WITHOUT ALSO CONSIDERING THE OTHER 14 ATTACKS. 
CHURKIN ALSO RAISED STRONG OBJECTIONS TO THE PARAGRAPHS 23-25 
OF THE SYG'S REPORT, WHICH NOTE THAT THE UN SECRETARIAT 
WANTED TO INCLUDE CHARGES OF CRIMES AGAINST HUMANITY BUT WAS 
DISSUADED FROM DOING SO BY MEMBER STATES.  ARGUING THAT THE 
SYG'S REPORT CANNOT SERVE AS A REFERENCE DOCUMENT FOR THE 
TRIBUNAL BECAUSE OF THESE "ERRORS," CHURKIN SUGGESTED THAT 
MICHEL'S BRIEFING TO THE COUNCIL -- WHICH HE SAID CLARIFIED 
MANY OF RUSSIA'S QUESTIONS ABOUT THE REPORT -- BE ATTACHED AS 
AN ANNEX TO THE REPORT. 
 
P-3 CALL FOR QUICK COUNCIL ACTION 
--------------------------------- 
 
 
 
 
PAGE 05 RUCNDTA2187 UNCLAS 
¶8. (SBU) FRANCE AND THE UK JOINED AMBASSADOR BOLTON IN 
PUSHING FOR SPEEDY ESTABLISHMENT OF THE TRIBUNAL.  RESPONDING 
TO QUESTIONS RAISED BY QATAR, AMBASSADOR BOLTON ARGUED THAT 
IT WAS ENTIRELY APPROPRIATE FOR THE COUNCIL TO ACT BEFORE THE 
GOL PARLIAMENT RATIFIES THE AGREEMENT BECAUSE THE COUNCIL HAD 
TO SPECIFY WHICH FUNDING OPTION IT WOULD SUPPORT.  ON THE 
CONSTITUTIONALITY OF THE LEBANESE CABINET DECISION, SEVERAL 
DELEGATES SUPPORTED AMBASSADOR BOLTON'S ARGUMENT THAT ONLY 
THE LEBANESE -- AND NOT THE SECURITY COUNCIL OR THE 
SECRETARIAT -- COULD DECIDE WHETHER THE GOL HAD FOLLOWED ITS 
 
SIPDIS 
OWN PROCEDURES.  RESPONDING TO RUSSIAN PR CHURKIN'S 
OBJECTIONS TO THE SYG'S REPORT, AMBASSADOR BOLTON AGREED THAT 
THE SECRETARIAT WAS OUT OF LINE TO INCLUDE THE PARAGRAPHS ON 
CRIMES AGAINST HUMANITY AND EXPRESSED SUPPORT FOR THE 
PROPOSAL TO REFER TO MICHEL'S BRIEFING IN THE SC'S LETTER IN 
ORDER TO CLARIFY THE RECORD. 
 
JAPANESE CONCERNED ABOUT THE BILL 
--------------------------------- 
 
 
 
 
PAGE 06 RUCNDTA2187 UNCLAS 
¶9. (SBU) WHILE SEVERAL COUNCIL MEMBERS SAID THEY COULD ACCEPT 
ANY OF THE SYG'S FUNDING OPTIONS, ALL DELEGATIONS EVENTUALLY 
SUPPORTED THE STRONG PREFERENCE EXPRESSED BY JAPAN, THE USG, 
ARGENTINA, AND OTHERS THAT THE TRIBUNAL BE FUNDED SOLELY 
THROUGH VOLUNTARY CONTRIBUTIONS.  THE JAPANESE, HOWEVER, ALSO 
OBJECTED TO THE OBSERVATION IN THE SYGS REPORT THAT THE 
SPECIAL TRIBUNAL 
 
COUNCIL AND THE SYG SHOULD CONSIDER ALTERNATE MEANS OF 
FINANCING THE TRIBUNAL IF VOLUNTARY CONTRIBUTIONS PROVE 
 
 
 
PAGE 02 RUCNDTA2187 UNCLAS 
INSUFFICIENT.  BEFORE THEY AGREED DURING THE NOVEMBER 21 
CONSULTATIONS TO SUPPORT THE DRAFT UNSC LETTER TO THE SYG 
APPROVING THE TRIBUNAL AGREEMENT -- WHICH ENDORSED THE SYG'S 
OBSERVATION ABOUT ALTERNATE FINANCING ARRANGEMENTS -- THE 
JAPANESE SOUGHT AND RECEIVED ASSURANCES FROM THE USG AND 
FRANCE THAT MAJOR DONORS TO THE UN WOULD BE CONSULTED IF 
ALTERNATE MEANS OF FINANCING THE TRIBUNAL PROVE NECESSARY. 
 
MICHEL STUMBLES DEFENDING SYGS REPORT 
-------------------------------------- 
 
¶10. (SBU) IN RESPONSE TO CRITICISM FROM RUSSIA AND THE USG ON 
THE SYG'S REPORT (ABOVE), MICHEL AGREED THAT THE REPORT WAS 
NOT LEGALLY BINDING AND EXPRESSED REGRET OVER THE CONTROVERSY 
OVER THE REPORT'S PARAGRAPHS ON LINKAGES BETWEEN THE HARIRI 
CASE AND OTHERS AND THE PASSAGES ON CRIMES AGAINST HUMANITY. 
HE MAINTAINED THAT THE SECRETARIAT DID NOT INTEND TO 
PRE-JUDGE WHETHER THE TRIBUNAL WOULD HAVE JURISDICTION OVER 
THE OTHER 14 ATTACKS NOR SUGGEST THAT CONCERNS RAISED BY 
MEMBER STATES ABOUT LANGUAGE ON CRIMES AGAINST HUMANITY WERE 
 
 
 
PAGE 03 RUCNDTA2187 UNCLAS 
POLITICALLY MOTIVATED.  IN RESPONSE TO OTHER QUESTIONS FROM 
DELEGATIONS, MICHEL MAINTAINED THAT THE TRIBUNAL'S PROSECUTOR 
MUST HAVE INVESTIGATIVE AUTHORITY EVEN AFTER THE UNIIIC 
CONCLUDES ITS WORK.  HE NOTED THAT THE SEAT OF THE TRIBUNAL 
HAD YET TO BE DECIDED, BUT THAT THE SELECTION CRITERIA WOULD 
ENSURE AN INDEPENDENT, IMPARTIAL, AND SECURE LOCATION. 
MICHEL ARGUED AGAINST LIFTING THE 49 PERCENT CAP ON VOLUNTARY 
CONTRIBUTIONS BY THE GOL LEST THE INDEPENDENCE OF THE 
TRIBUNAL COME INTO QUESTION. 
BOLTON