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DE RUCNDT #0384/01 1372100
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O 172100Z MAY 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1896
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 02 USUN NEW YORK 000384 
 
SIPDIS 
 
SIPDIS 
 
FOR IO AND NEA FRONT OFFICES 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON TRIBUNAL: P-3 AGREE ON DRAFT UNSCR AND 
BEGIN SHARING TEXT WITH COUNCIL MEMBERS 
 
REF: STATE 67046 
 
¶1. (SBU) The U.S., France, and the UK (P-3) reached agreement 
on a draft Chapter VII resolution to establish the Special 
Lebanon Tribunal on May 17.  P-3 Permanent Representatives 
will share the text with all UNSC delegations either 
bilaterally or in joint approaches by close of business on 
May 18.  These discussions could be followed early next week 
by demarches in capitals and a formal tabling of the 
resolution in the Security Council. 
 
¶2. (SBU) Begin text: 
 
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, 1644 (2005) of 15 December 2005, 
1664 (2006) of 29 March 2006 and 1748 (2007) of 27 March 2007, 
 
Pp2 Reaffirming its strongest condemnation of the 14 February 
2005 terrorist bombings as well as other attacks in Lebanon 
since October 2004, 
 
Pp3 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, 
 
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 to try all those who are found 
responsible for this terrorist crime, and the request by this 
Council for the Secretary-General to negotiate an agreement 
with the Government of Lebanon aimed at establishing such a 
Tribunal based on the highest international standards of 
criminal justice 
 
Pp5 Recalling further the report of the Secretary-General on 
the establishment of a special tribunal for Lebanon on 15 
November 2006 (S/2006/893) reporting on the conclusion of 
negotiations and consultations that took place between 
January 2006 and September 2006 at United Nations Headquarter 
in New York, the Hague, and Beirut between the Legal Counsel 
of the United Nations and authorized representatives of the 
Government of Lebanon, and the letter of its President to the 
Secretary General of 21 November 2006 (S/2006/911) reporting 
 
SIPDIS 
that the members of the Security Council welcomed the 
conclusion of the negotiations and that they were satisfied 
with the Agreement annexed to the Report, 
 
Pp6 Recalling that, as set out in its letter of 21 November 
2006, should voluntary contributions be insufficient for the 
Tribunal to implement its mandate, the Secretary-General and 
the Security Council shall explore alternate means of 
financing the Tribunal 
 
Pp7 Recalling also that the Agreement on the establishment of 
a Special Tribunal for Lebanon was signed by the Government 
of Lebanon and the UN respectively on 23 January and 6 
February 2007, 
 
Pp8 Referring to the letter of the Prime Minister of Lebanon 
to the Secretary General of the United Nations (S/XXX), which 
recalled that the parliamentary majority has expressed its 
support for the Tribunal, and asked that his request that the 
Special Tribunal be put into effect be presented to the 
Council as a matter of urgency, 
 
Pp9 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, 
 
Pp10 Commending the Secretary General for his continuing 
efforts to proceed, together with the Government of Lebanon, 
with the final steps for the conclusion of the Agreement as 
requested in the letter of its President dated 21 November 
2006 and referring in this regard to the briefing by the 
Legal Counsel on 2 May 2007, in which he noted that the 
establishment of the Tribunal through the Constitutional 
process is facing serious obstacles, but noting also that all 
parties concerned reaffirmed their agreement in principle to 
the establishment of the Tribunal, 
 
Pp11 Commending also the recent efforts of parties in the 
region to overcome these obstacles, 
 
USUN NEW Y 00000384  002 OF 002 
 
 
 
Pp12 Willing to continue to assist Lebanon in the search for 
the truth and in holding all those involved in the terrorist 
attack accountable and reaffirming its determination to 
support the Government of Lebanon in its efforts to bring to 
justice perpetrators, organizers and sponsors of this and 
other assassinations, 
 
Pp13 Reaffirming its determination that this terrorist act 
and its implications constitute a threat to international 
peace and security, 
 
Acting under Chapter VII of the Charter of United Nations, 
 
¶1.  Decides that the provisions of the attached Agreement on 
the establishment of a Special Tribunal for Lebanon, signed 
by the United Nations and the Government of Lebanon, 
including the Statute attached to it shall enter into force 
upon adoption of the present resolution; 
 
¶2.  Decides further that if the Secretary General reports 
that the Headquarters Agreement has not been concluded as 
envisioned under Article 8 of the Agreement, the location of 
the seat of the Tribunal shall be determined in consultation 
with the Government of Lebanon and be subject to the 
conclusion of a Headquarters Agreement between the United 
Nations and the State that hosts the Tribunal; 
 
¶3.  Decides further that if the Secretary-General reports 
that contributions from the Government of Lebanon are not 
sufficient to bear the expenses described in Article 5(b) of 
the Agreement, he may accept or use voluntary contributions 
from States to cover any shortfall; 
 
¶4.  Requests the Secretary General, in coordination, when 
appropriate, with the Government of Lebanon, to undertake the 
steps and measures necessary to establish the Special 
Tribunal in a timely manner and to report to he Council 
within 90 days and thereafter periodically with respect to 
his efforts; 
 
¶5.  Decides to remain actively seized of the matter. 
KHALILZAD