VZCZCXYZ0018
OO RUEHWEB

DE RUEHC #3229 1292111
ZNY CCCCC ZZH
O P 092104Z MAY 07
FM SECSTATE WASHDC
TO RUEHAR/AMEMBASSY ACCRA IMMEDIATE 0000
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INFO RUEHLB/AMEMBASSY BEIRUT PRIORITY 0000
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C O N F I D E N T I A L STATE 063229 
 
SIPDIS 
 
SIPDIS 
KINSHASA PASS TO BRAZZAVILLE 
 
E.O. 12958: DECL: 05/03/2017 
TAGS: UNSC LE SY IT BE PE LO PREL PTER CF GH SF
SUBJECT: DEMARCHE REQUEST:  ENCOURAGE SUPPORT FOR COUNCIL 
ACTION ON SPECIAL TRIBUNAL FOR LEBANON 
 
REF: A. USUN 347 
     ¶B. EMAIL SONTY/ALLEGRONE/YOUNG 05/03/07 
     ¶C. STATE 58765 
 
Classified By: Assistant Secretary Kristen Silverberg, for reasons 
1.4 (b) and (d). 
 
¶1.  (SBU)  SUMMARY:  Department requests Embassies encourage 
host governments to support UN Security Council action to 
establish the Special Tribunal for Lebanon.  In New York, 
Belgium, Italy, Peru, and Slovakia have been generally 
supportive of the P-3's call for Council action, via a 
Chapter VII resolution, to establish the Special Tribunal for 
Lebanon; however, we would like to verify their support.  The 
positions of Congo, Ghana, and South Africa are less clear; 
Department requests Posts encourage them to support Council 
action and report concerns they may have.  Posts should draw 
from the background in paras 4-8.  End Summary. 
 
¶2.  (SBU)  OBJECTIVES:  Department requests Embassies pursue 
the following objectives: 
 
--  Encourage host country to support UN Security Council 
action to establish the Special Tribunal via Chapter VII 
authority. 
 
--  Underscore that the Lebanese parliamentary ratification 
process is definitively blocked - the opposition refused to 
discuss specific concerns about the Statute with UN Legal 
Advisor Nicolas Michel and continues to link the Tribunal to 
its desire for a blocking minority in the Cabinet. 
 
--  Note that, as UN Legal Advisor Michel reported to the 
Security Council, all parties in Lebanon support in principle 
the establishment of the Tribunal.  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. 
 
--  Emphasize that the Tribunal must be established soon for 
operational reasons and in the interest of justice.  It would 
take at least a year for the Tribunal to become operational. 
 
¶3.  REPORTING DEADLINE:  Embassy should report results of 
efforts to IO/UNP:  Anneliese Reinemeyer before May 11. 
 
---------- 
BACKGROUND 
---------- 
 
¶4.  (U)  The assassination of former Lebanese Prime Minister 
Rafiq Hariri on February 14, 2005, led to widespread protests 
and the withdrawal of Syrian troops from Lebanon in April 
¶2005.  At the GOL's request, the UN established the UN 
Independent International Investigation Commission (UNIIIC) 
and has worked with the Lebanese Justice Minister and other 
Lebanese officials to negotiate the Tribunal statute. 
Approval of the Tribunal has become a key element in the 
current political tension in Beirut, which pits PM Siniora 
and his March 14 allies (the Saad Hariri faction) against the 
pro-Syrian Hizballah-Aounist alliance (Note:  March 14 
commands a majority in the Parliament where the 
Hizballah-Aounist alliance represents a minority.  End note). 
 The UN and the Lebanese Cabinet have approved the Tribunal 
Agreement and Statute; however, Hizballah and Syrian 
sympathizers have prevented the Parliament from convening to 
ratify the Agreement in an attempt to gain a blocking 
minority in the Lebanese Cabinet. 
 
¶5.  (U)  The Lebanese parliament, which was scheduled to 
reconvene its regular session on March 20, has still not met. 
 A majority of the Lebanese parliament has documented more 
than once its intent to ratify the Tribunal, if only the 
Speaker of Parliament would allow them to convene.  These 
members of the parliamentary majority, who took office after 
elections monitored by international observers and considered 
free and fair, have turned to the UN, actively seeking 
Security Council assistance to establish the Tribunal. 
 
¶6.  (C)  The United States continues to fully support the 
immediate establishment of the Special Tribunal to try those 
responsible for perpetrating the attack that killed Rafiq 
Hariri and 22 others.  We believe the establishment of the 
Tribunal is necessary to see that justice is done.  The 
Tribunal will serve as a deterrent to those who in the future 
might be tempted to engage in similar violent crimes intended 
to undermine Lebanon's democracy, sovereignty and 
independence.  While we would prefer Lebanese parliamentary 
approval, this is no longer a realistic option.  Therefore, 
the U.S., France, and the UK are drafting a resolution that 
would establish the Tribunal using the Security Council,s 
authority under Chapter VII of the UN Charter.  Although 
established by the Security Council under Chapter VII, the 
Tribunal will retain all of the key Lebanese components, 
including prosecutions under Lebanese law, some Lebanese 
judges, and a Lebanese deputy prosecutor. 
 
¶7.  (C) UN Legal Advisor, Nicolas Michel, briefed the 
Security Council on May 2 on the outcome of his recent trip 
to Lebanon on April 16-18 to assess the chances of a Lebanese 
solution to the impasse.  Per Ref A, Belgium, Peru, and 
Slovakia were generally supportive of Council action to 
establish the Tribunal.  Italy's position in the Council was 
unclear, but subsequent conversations with the Italian 
Embassy in Washington (Ref B) indicate they do not object to 
Council action to establish the Tribunal, but are concerned 
that we will not get enough votes to adopt the resolution. 
(Note:  The resolution will need nine affirmative votes and 
no vetoes for adoption.  End Note.)  Congo, Ghana, and South 
Africa did not state a position either in favor or against 
UNSC action during their statements (Ref A). 
 
¶8.  For additional detailed background on the UNIIIC 
investigation and Tribunal, please visit the intellipedia 
site on the Hariri Tribunal: 
http://www.intelink.sgov.gov/wiki/Hariri Tribunal. 
Additional talking points can be found in Ref C. 
 
¶9.  POINT OF CONTACT:  Please contact IO/UNP:  Anneliese 
Reinemeyer at (202) 647-0046 or via e-mail for further 
background information or with questions. 
RICE