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Viewing cable 07USUNNEWYORK389, LEBANON TRIBUNAL: P-5 PERMREPS DISCUSS DRAFT UNSCR

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Reference ID Created Released Classification Origin
07USUNNEWYORK389 2007-05-18 19:04 2011-08-24 16:30 UNCLASSIFIED USUN New York
VZCZCXRO0104
OO RUEHAG RUEHAST RUEHBC RUEHBZ RUEHDA RUEHDBU RUEHDE RUEHDF RUEHFL
RUEHIK RUEHKUK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR
RUEHVK RUEHYG
DE RUCNDT #0389 1381904
ZNR UUUUU ZZH
O 181904Z MAY 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1905
INFO RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHEE/ARAB LEAGUE COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
UNCLAS USUN NEW YORK 000389 
 
SIPDIS 
 
SIPDIS 
 
FOR IO AND NEA FRONT OFFICES 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON TRIBUNAL: P-5 PERMREPS DISCUSS DRAFT UNSCR 
 
REF: USUN 384 
 
1. (SBU) P-5 PermReps met on May 17 to discuss the P-3 draft 
Chapter VII UNSC resolution on the Special Tribunal for 
Lebanon (reftel).  French PR de la Sabliere introduced the 
draft resolution, noting that the co-authors preferred the 
"light" approach of deciding that the tribunal agreement and 
statute shall enter into force, rather than the "heavy" 
approach of the Council deciding to establish the tribunal on 
its own.  He explained that operative paragraphs two and 
three give the SYG flexibility to ensure the tribunal can 
function even if the Lebanese parliament is unable to approve 
funding or conclude a headquarters agreement.  De la Sabliere 
added that the GOL and UN Legal Counsel Michel fully support 
the draft resolution.  Recalling that the SYG traveled to 
Beirut and Damascus and sent Michel to Beirut to push for 
Lebanese parliamentary ratification, UK DPR Pierce declared 
that no option is left but for the Council to take action. 
Ambassador Khalilzad observed that the Lebanese Government 
has asked the Council to act and we cannot let it down.  The 
P-3 PermReps said they would circulate the draft text to all 
Council delegations immediately and introduce it in the 
Council next week. 
 
2. (SBU) Noting that he did not yet have instructions, 
Russian PR Churkin asked several questions about Council 
action on the tribunal.  First, although the SYG briefed 
Council members during the May 15 lunch and spoke to the 
press afterward, has the SYG made a formal recommendation for 
Council action?  Second, what are the consequences in Lebanon 
of action under Chapter VII, and are there other options? 
For example, what will happen if judges refuse to serve? 
Third, can the UNSC now decide to ratify agreements for 
countries which have failed to do so themselves?  In 
response, Ambassador Khalilzad read from the SYG's letter to 
the Council to emphasize that Ban had made his position 
clear, which seemed to satisfy Churkin.  Ambassador Khalilzad 
also quoted PM Siniora's request for "binding" action and 
asked rhetorically if there were other ways to achieve this 
goal (than Chapter VII).  Churkin raised the issue of 
appointment of judges.  Ambassadors Khalilzad and de la 
Sabliere noted the P-3 could have amended the agreement's 
provisions on the how the judges will be appointed, but 
decided to leave the agreement untouched and let the 
Lebananese process play out.  But the Council could revisit 
the issue of judges if Russia would prefer.  Churkin 
demurred.  On the legal basis of the resolution, de la 
Sabliere said Lebanon's situation is unique and that the 
Council should do the minimum necessary to overcome the 
current deadlock. 
 
3. (SBU) Pending instructions from Beijing, Chinese DPR Liu 
Zhenmin's said China thought Chapter VII should be used only 
in narrowly prescribed circumstances.  He noted that the use 
of Chapter VII connotes military implications.  Liu argued 
the Council must consider the domestic implications of acting 
to establish the tribunal when the Lebanese have been unable 
to do so themselves.  He said UNSC members should consult 
Arab countries, the Arab League, and Qatar, as the Arab 
member of the UNSC, to understand the regional implications 
of this action.  The Council's overall objective in Lebanon 
must be to ensure peace and justice.  After examining the 
text, Liu expressed relief that the P-3 had avoided recourse 
to assessed contributions (i.e., compulsory funding of the 
tribunal by the UN from annual member state contributions). 
The Council should avoid setting up new tribunals like the 
International Criminal Tribunal for Yugoslavia (ICTY) or 
Rwanda (ICTR), he said. 
KHALILZAD