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DE RUCNDT #0271/01 0961533
ZNR UUUUU ZZH
O 061533Z APR 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1652
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 000271 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNSC KPKO IS SY LE
SUBJECT: UNSCR 1701: SYG BAN FORWARD-LEANING ON ARMS 
SMUGGLING AND INDEPENDENT ASSESSMENT MISSION TO LEBANESE 
BORDER 
 
REF: A. STATE 43361 
     ¶B. STATE 43312 
 
¶1. (SBU) Summary.  During an April 5 closed briefing to the 
UN Security Council on his recent visit to Middle East and 
his March report on UNSCR 1701 implementation (other topics 
reported septel), UN SYG Ban Ki-Moon took a very 
forward-leaning approach on reports of arms smuggling into 
Lebanon and strongly defended his suggestion that the UNSC 
establish an independent mission to assess the monitoring of 
the Syrian-Lebanese border.  Noting that he had raised 
possible violations of resolution 1701 and resolution 1747 
with Lebanese PM Siniora and Syrian President Asad, the SYG 
insisted that the Council "must consider reports of breaches 
of the arms embargo."  Ban said he had raised the fate of the 
two abducted IDF soldiers consistently during his trip and 
"did not hide (his) disappointment and lack of understanding" 
that no proof of life had yet been produced.  He also called 
on Israel to cease overflights of Lebanon.  On Sheba'a 
(Shab'a), all the SYG said was that the UN cartographer had 
made "good progress" in the past few months.  While 
reiterating the UN's commitment to the establishment of the 
Special Tribunal, Ban emphasized that the responsibility to 
conclude the tribunal agreement rests with the Lebanese.  He 
signaled his willingness to send UN Legal Counsel Nicolas 
Michel to participate in Nabih Berri-inspired meetings on the 
tribunal in Saudi Arabia if that would be useful. 
 
¶2. (SBU) Summary, cont'd.  Ambassador Wolff expressed deep 
concern about illegal arms transfers across the Lebanese 
border, condemned Hizballah for openly admitting that it is 
violating resolution 1701, and called on Iran and Syria to 
comply with the arms embargo.  He also made clear that the 
Secretariat's role on Sheba'a was not to revisit the Blue 
 
SIPDIS 
Line determination in 2000 or to determine the sovereignty of 
the disputed area.  European UNSC delegations joined the P-3 
in expressing concern about reports of illegal arms transfers 
into Lebanon, but Russian PR Churkin declared that reports of 
these "so-called" external arms transfers include "no 
reliable information" and are "not substantiated."  South 
Africa and Indonesia also reacted skeptically to these 
reports.  While most delegations welcomed the SYG's proposal 
to send an independent assessment mission to the 
Syrian-Lebanese border, Russia called the idea "premature" 
and argued that it "could exacerbate a very difficult 
situation in Lebanon."  Most delegations did not mention the 
tribunal issue explicitly, but Russia and Qatar used the 
debate to send clear signals that the court should be created 
only through Lebanese constitutional means.  China emphasized 
that the Lebanese must resolve their own differences and 
urged the UNSC to be "very prudent" in this regard.  Panama 
delivered a very unhelpful intervention on both the tribunal 
and the Sheba'a Farms issue.  France introduced a draft UNSC 
Presidential Statement (PRST), prepared by the P-3, in 
response to the SYG,s March report on UNSCR 1701 and called 
for UNSC experts to review the text on April 9.  End Summary. 
 
SYG Briefs on His Trip & UNSCR 1701 
----------------------------------- 
 
¶3. (SBU) Recounting his recent visits to Israel and Lebanon, 
Ban said he was encouraged by the continuing commitment of 
the two governments to the implementation of resolution 1701. 
 But there remain areas of concern.  Ban said he had asked 
Israel to stop its overflights of Lebanon, which he 
characterized as a violation of Lebanese sovereignty and 
resolution 1701.  Emphasizing that he had raised the issue of 
the abducted Israeli soldiers consistently throughout his 
trip, the SYG said he "did not hide my disappointment and 
lack of understanding" that no proof of life has thusfar been 
produced.  In this context, Ban noted Israeli willingness to 
release certain Lebanese prisoners in exchange for return of 
the two IDF soldiers.  On Sheba'a, all the SYG said was that 
the cartographer hired by the UN had made "good progress" in 
the past few months.  Turning to UNIFIL's deployment, Ban 
saluted the "tremendous" efforts of UNIFIL blue helmet troops 
to change their area of operations for the better and 
appealed for more bilateral aid to the LAF to enable them to 
carry out their duties alongside UNIFIL. 
 
Ban Forward-Leaning on Arms Smuggling 
and Independent Mission to Monitor Border 
----------------------------------------- 
 
¶4. (SBU) Ban took a very forward-leaning approach on reports 
of arms smuggling into Lebanon.  Referring to Israeli 
intelligence on arms transfers as well as intelligence from 
 
USUN NEW Y 00000271  002 OF 004 
 
 
"another member state," he expressed concern about possible 
breaches of resolution 1701 and resolution 1747 several times 
during his prepared remarks and in response to member state 
interventions, and said he had raised these concerns with 
both Lebanese PM Siniora and Syrian President Asad.  The 
intelligence had he had seen had shown, among other things, a 
specific case of arms smuggling into Lebanon in January 2007. 
 In response to questions about the information's 
reliability, the SYG said that it should be "independently 
assessed" by experts and that he encouraged such efforts. 
 
¶5. (SBU) Ban strongly defended his suggestion that the UNSC 
establish an independent mission to assess the monitoring of 
the Syrian-Lebanese border, despite Russian opposition. 
After the U.S. and France supported his proposal but Russia 
objected (see below), he took the floor again to thank the 
U.S. and France for their support and to express hope that 
the "Council will instruct me accordingly."  If the Council 
agrees, he could soon undertake preparations "with the 
concerned parties" to launch the mission.  After several more 
delegations spoke, Ban again thanked delegates for supporting 
his idea, insisted that the Council "must consider reports of 
breaches of the arms embargo," and noted that he awaits UNSC 
instructions on an assessment mission. 
 
SYG Urges Lebanese Solution for Tribunal 
---------------------------------------- 
 
¶6. (SBU) While reiterating the UN's commitment to the 
establishment of the Special Tribunal for Lebanon, Ban 
emphasized that the responsibility to conclude the tribunal 
agreement rests with the "relevant Lebanese institutions." 
Halfway through the consultations, Ban told the Council that 
he had just been informed that Lebanese Speaker of Parliament 
Nabih Berri had called on Saudi Arabia to host Lebanese 
factions for a meeting to discuss the tribunal, among other 
issues, and that Berri had invited the UN to make Legal 
Counsel Nicolas Michel available to assist.  While cautioning 
that it was not yet clear whether the Berri initiative was a 
genuine effort to resolve the tribunal issue or it just an 
excuse for delay, the SYG said he was prepared to send Michel 
to such a meeting and/or committee if it would be useful.  He 
also informed the Council that he had received a petition 
from 70 Lebanese members of parliament detailing how their 
efforts to establish the tribunal through constitutional 
means had been blocked.  After receiving the memo, Ban had 
spoken to PM Siniora and "strongly urged him" to engage in 
dialogue to achieve national reconciliation. 
 
P-3 Sound Similar Notes on UNSCR 1701 
------------------------------------- 
 
¶7. (SBU) Drawing from ref A points, Ambassador Wolff 
expressed deep concern about cross-border arms transfers that 
are not authorized by either UNIFIL or the GOL, and singled 
out transfers to Hizballah -- as the initiator of last 
summer's war -- for particular scrutiny.  He condemned 
statements by Hizballah SYG Nasrallah that the terrorist 
group is re-arming and operating in southern Lebanon as 
violations of resolution 1701.  French PR de la Sabliere 
joined Ambassador Wolff in deploring Hizballah's failure to 
release the two abducted Israeli soldiers or even provide 
proof of life.  France and the U.S. also both called on Iran 
and Syria to honor their obligations under the arms embargo 
in UNSCR 1701.  Ambassador Wolff ended his remarks by calling 
on the Council to honor its commitment to help Lebanon 
protect itself against internal and external threats to its 
sovereignty and independence.  In his statement, de la 
Sabliere also called on Israel to cease its overflights of 
Lebanon and to cooperate with the UN on unexploded ordnance 
in south Lebanon.  UK PR Jones-Parry, speaking last because 
of his role as Council President for April, focused on 
strongly supporting the SYG's suggestion for an independent 
assessment mission to the Syrian-Lebanese border. 
 
U.S. Lays Marker on Sheba'a 
--------------------------- 
 
¶8. (SBU) Reiterating that a solution to the Sheba'a Farms 
issue remains contingent upon the delineation of the entire 
border between Syria and Lebanon, Ambassador Wolff noted that 
the UNSC had authorized the Secretariat to review relevant 
material and develop an accurate territorial definition of 
the disputed area.  But he made clear that the Secretariat's 
role was not to revisit the Blue Line determination in 2000 
or to determine the sovereignty of Sheba'a.  Proposals on the 
GOL seven-point plan also require careful consideration of 
 
USUN NEW Y 00000271  003 OF 004 
 
 
the political and security needs of all parties.  After 
welcoming the cartographer,s progress on Sheba'a and 
expressing hope that the SYG would report further progress 
and make recommendations on the issue in June, France 
reiterated that a permanent solution to the issue depends on 
border delineation between Syria and Lebanon.  Belgium and 
Italy expressed sentiments similar to those of France. 
Panama, in a very unhelpful intervention, said it was 
concerned about the Sheba'a issue and asked why the UNSC was 
insisting that the cartographic process and border 
delineation must be completed before the UN assumes temporary 
trusteeship over the area.  Other delegations, including 
Qatar, did not mention Sheba'a at all. 
 
Arms Transfers Generate Concern & Skepticism 
-------------------------------------------- 
 
¶9. (SBU) While Italy, Belgium, and Slovakia joined the P-3 in 
expressing concern about mounting reports of illegal arms 
transfers across the Syrian-Lebanese border, several other 
delegations reacted to these reports with considerable 
skepticism.  Leading the way, Russian PR Churkin emphasized 
that reports of these "so-called" external arms transfers 
include "no reliable information" and are "not 
substantiated."  This is a "very sensitive" issue which the 
Council ought to treat "very carefully."  Churkin added that 
other groups in Lebanon, not just Hizballah, have been 
accused of re-arming and that all such re-armament violates 
UNSCR 1559.  South Africa said it was concerned about 
"unsubstantiated reports" of arms smuggling, but asked the 
SYG about a statement by UNIFIL that it could not verify that 
these arms transfers were actually occurring.  Indonesia 
referred to "conflicting claims" of arms transfers, which it 
said could be a violation of 1701.  Neither Qatar nor China 
mentioned reports of arms smuggling at all. 
 
Overflights and Cluster Bombs Controversial 
------------------------------------------- 
 
¶10. (SBU) Continuing a long-running dynamic in the UNSC on 
Lebanon, several delegations called on Israel to cease its 
overflights of Lebanese territory and to cooperate with the 
UN and the GOL on the disposal of unexploded ordnance in 
south Lebanon.  Russia, Qatar, South Africa, Indonesia, 
Italy, Congo, Ghana, and Peru joined France in insisting that 
Israel must stop overflying Lebanese territory.  Indonesia 
called the overflights &provocative,8 rejected "any linkage 
between overflights and the arms embargo," and emphasized 
that the Council had not given Israel a mandate to monitor 
and enforce compliance with UNSCR 1701.  Decrying Israel's 
"indiscriminate" use of cluster bombs in south Lebanon, South 
Africa demanded that Israel compensate Lebanon and provide 
maps of the locations of these bombs.  Congo argued that the 
UNSC "must not target one country and protect another" when 
implementing UNSCR 1701. 
 
Support for Border Mission, But Russia Opposed 
--------------------------------------------- - 
 
¶11. (SBU) Most delegations, with the exception of Russia, 
either supported or remained silent on the SYG's idea for an 
independent mission to assess the monitoring of the 
Syrian-Lebanese border.  Belgium, Italy, Slovakia, and Peru 
joined the P-3 in strongly supporting the SYG's proposal. 
China said the SC should give the SYG's idea "serious 
consideration."  Indonesia expressed support for the 
independent mission, but asked for more information about its 
proposed terms of reference.  Russian PR Churkin, however, 
called the mission "premature" and argued that it "could 
exacerbate a very difficult situation in Lebanon."  Noting 
that the GOL was working to secure the border and that the 
LAF Commander had said he had "no reliable information" about 
arms smuggling into Lebanon, Churkin maintained there was no 
need for an assessment mission now.  What was needed was more 
assistance to the LAF.  Moreover, the GOL had not pronounced 
itself on this mission, and the SC should await a "direct 
request from the Lebanese before acting."  Qatar did not 
address the issue of the independent mission in its remarks. 
 
Some Ominous Signs on Chapter VII for Tribunal 
--------------------------------------------- - 
 
¶12. (SBU) While most delegations focused on UNSCR 1701 
implementation and did not mention the tribunal issue 
explicitly, a few used the debate to send clear signals that 
the court should be created only through Lebanese 
constitutional means.  Drawing from ref A points, Ambassador 
 
USUN NEW Y 00000271  004 OF 004 
 
 
Wolff decried the continued closure of the Lebanese 
Parliament, which prevents the parliament from fulfilling its 
legislative responsibilities.  France welcomed the SYG's 
efforts to establish the tribunal, which must remain the 
"common objective" of the UNSC and Lebanon.  Russia, however, 
said its "main priority" for Lebanon is to ensure national 
concord, which can "only be achieved through dialogue between 
the two hostile camps."  There is "no other way" for the 
Lebanese to resolve their differences except through "a 
consensus and compromise solution."  Any action by the 
international community, Churkin continued, "should bring the 
parties together, not drive them apart."  This being the 
case, he said, the Lebanese should work out a consensus on 
the tribunal. 
 
¶13. (SBU) China, calling on all Lebanese factions to "remain 
calm and settle their differences through dialogue," 
maintained that the UNSC had to be "very prudent" on Lebanon. 
 Qatar added that the UN and the Arab League had agreed that 
the tribunal "must be set up only on the basis of a Lebanese 
consensus nad Lebanese constitutional means."  Panama argued 
that the fragile situation in Lebanon "requires a Lebanese 
Government that is representative and inclusive of all 
parties," implying that the current government is not.  On 
the tribunal, the Panamanian PR asked if the UNSC is doing 
everything it can to encourage the Lebanese political process 
to succeed, possibly implying that the current whispers of a 
Chapter VII resolution on the tribunal are hindering the 
search for a consensual solution in Lebanon. 
WOLFF