VZCZCXYZ0008
OO RUEHWEB

DE RUEHC #1070 0041935
ZNR UUUUU ZZH
O 041926Z JAN 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHLB/AMEMBASSY BEIRUT IMMEDIATE 0000
RUEHDM/AMEMBASSY DAMASCUS IMMEDIATE 0000
RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000

UNCLAS STATE 001070 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC LE PTER
SUBJECT: GUIDANCE ON SPECIAL TRIBUNAL FOR LEBANON 
MANAGEMENT ISSUES 
 
REF: USUN 1185 
 
¶1.  (SBU)  This cable provides guidance requested in reftel 
on management issues for the Special Tribunal for Lebanon, 
including decision-making in the Management Committee, 
relocation of Lebanese judges, and security-related expenses 
for judges. 
 
¶2.  (SBU)  Management Committee Terms of Reference: 
Department requests USUN continue to press for 
consensus-based decision making in the Management Committee. 
The U.S. shares the group's concern that one country could 
hold up the decisions of the Committee; however, we find that 
consensus "to every extent possible" is not specific enough 
to allow the U.S. to agree.  This language does not spell out 
how decisions would be made in the absence of consensus nor 
does it provide adequate protection to ensure that U.S. tax 
payers do not fund programs approved over the objection of 
the U.S.  Therefore, the U.S. prefers a consensus-based 
decision-making model.  Additionally, the U.S. prefers that 
the management committee be located in New York. 
 
¶3.  (SBU)  Terms and Conditions of Service for Judges and 
Personnel:  The U.S. supports providing the Lebanese judges 
and all Tribunal staff a benefits package that will help 
ensure the retention of key personnel already working for 
UNIIIC but that also maximizes efficiency.  Specifically, 
Department prefers Model III, which we believe to be the most 
generous and efficient package (note:  Under Model III staff 
are appointed to each duty station -- Beirut and The Hague -- 
separately, and conditions and service of all staff will 
follow the framework of the UN 100 series staff rules.  End 
note.) 
 
¶4.  (SBU)  Relocation of Judges:  One of the United States' 
main priorities in the operationalization of the Special 
Tribunal for Lebanon is the safety and security of all 
personnel involved, especially the Lebanese judges.  The 
United States fully recognizes the sacrifice these 
individuals are making and the real risk for them and their 
families.  The U.S. supports the UN's plans to relocate the 
Lebanese judges outside of Lebanon and to notify the 
governments of the international judges so that those 
governments can make appropriate arrangements for their 
citizens. 
 
¶5. (SBU)  Security-Related Expenses for Judges and Key 
Tribunal Personnel:  The U.S. believes that the safety of the 
judges and key staff is vital and that judges and key 
Tribunal staff should receive appropriate security from the 
Tribunal itself rather than being responsible for their own 
security needs.  We prefer this expense to be a dedicated 
budget line in the larger Tribunal budget.  There are two 
outstanding security issues: 
 
--  Security for key personnel in The Hague:  if the Dutch 
offer to provide external security includes only security at 
the Tribunal facilities, then the U.S. would like UN security 
personnel, in conjunction with relevant authorities in the 
Netherlands, to develop proposals and cost estimates for 
securing all judges and key personnel (and their families, as 
necessary) while outside of the Tribunal facilities in the 
Hague for the Management Committee to review. 
 
--  Security for the property/families of the Lebanese judges 
in Lebanon:  the U.S. understands the concerns of the 
Lebanese judges about securing their property in Lebanon and 
protection of family members who remain in Lebanon; however, 
this justified concern should not be used as a means to 
secure additional cash payments for the Lebanese judges.  The 
U.S. cannot support a solution to this if it includes direct 
financial payments to the judges.  The UN should work with 
the Government of Lebanon to develop an arrangement that 
would address the judges' security needs without setting 
precedents for other Tribunals or giving the appearance of 
impropriety. 
 
¶6.  (SBU)  Oversight:  The Department considers it crucial 
that the tribunal is accountable, transparent, and seeks to 
maximize the efficient and effective use of donor resources. 
Efforts should concentrate heavily on creating a tribunal 
with guidelines and structures that support these goals. 
USUN should inquire whether the Office of Internal Oversight 
Services or the UN Board of Auditors, as well as the Ethics 
Office, could play a role.  USUN should also seek language in 
the Terms of Reference that holds all Court personnel 
accountable to the Management Committee for the effective and 
efficient use of resources.  Note, in the future as members 
of the Management Committee, USUN should encourage the 
Tribunal to publish an annual report and develop reporting 
requirements to focus attention on the work and results of 
the Tribunal given the critical nature of the Tribunal and 
its importance to regional stability. 
 
¶7.  (U)  Department appreciates post's efforts to ensure that 
the UN is able to rapidly declare the Tribunal operational 
and prompt reporting on key developments. 
RICE