VZCZCXYZ7647
OO RUEHWEB

DE RUCNDT #0198/01 0641859
ZNR UUUUU ZZH
O 041859Z MAR 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3838
INFO RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 8996

UNCLAS USUN NEW YORK 000198 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON TRIBUNAL:  MANAGEMENT COMMITTEE ADOPTS 
TERMS OF REFERENCE 
 
REF: A. THE HAGUE 204 
 
     ¶B. USUN 153 
     ¶C. IO/USUN EMAIL (WILCOX/REINEMEYER)-02/29/08 
     ¶D. IO/USUN EMAIL (WILCOX/REINEMEYER)-03/03/08 
     ¶E. USUN 171 
 
¶1.  (SBU) BEGIN SUMMARY.  UN Legal Counsel Michel advised the 
Management Committee for the Special Tribunal for Lebanon on 
February 29 that the UN has not received any new 
contributions to the Tribunal since Saudi Arabia provided $5 
million earlier in the month.  Although the UN has not 
received written confirmations, it has heard that at least 
two other Arab states (i.e., Kuwait and the UAE) intend to 
make anonymous contributions.  Michel also said the 
Secretary-General has selected the Registrar and plans to 
 
SIPDIS 
brief the Council this month on the Tribunal.  The Committee 
also adopted its Terms of Reference, discussed the proposed 
terms and conditions of service for the Tribunal's judges, 
and discussed the UN's cost estimates ($13.5 million) for 
building a courtroom and otherwise refurbishing the building 
the Tribunal will occupy in the Netherlands.  END SUMMARY. 
 
Timing of the Tribunal 
---------------------- 
 
¶2.  (SBU) At the first formal meeting of the Management 
Committee for the Special Tribunal for Lebanon, UN Legal 
Counsel Michel briefed members on the UN's efforts to bring 
the Tribunal into being.  Although the UN is repeatedly asked 
when the Tribunal will start functioning, that question is 
not the right one, Michel said.  What will happen, he said, 
is that (1) the Tribunal's Registrar will assume duties and 
set up the Tribunal's administrative structure, and then (2) 
the Prosecutor will take office, accompanied, if not 
immediately, by the pre-trial judge and then the judges, who 
will be paid on an as-employed basis. 
 
¶3.  (SBU) Even so, The Tribunal will not be ready to hold 
trials for quite some time -- perhaps one year, Michel said. 
For instance, the Prosecutor does not have independent 
authority to issue indictments, so even once the Prosecutor 
has materials ready, the pre-trial judge will need to review 
them before deciding whether to issue indictments.  Michel 
also stressed that the timeline depends on the progress of 
the UN International Independent Investigation Commission 
(UNIIIC) and said he hoped that its Commissioner Bellemare 
would provide greater clarity on the status of the 
investigation when he reports to the Security Council later 
this month. 
 
Registrar 
--------- 
 
¶4.  (SBU) The process of appointing the Registrar is "near 
completion," Michel said, but because the appointment marks 
such a significant milestone, the UN is still considering 
when and how to announce it.  Michel sought views on whether, 
in announcing the Registrar's appointment, the UN also should 
say when the Registrar would assume his duties, and he 
proposed April 1 or May 1 as possible dates.  The Dutch and 
USUN both stressed the need to appoint the Registrar without 
delay, particularly because work on the Tribunal building 
cannot begin until a Registrar is in place (ref A). Comment: 
USUN understands that the selection panel recommended a 
highly qualified candidate for this position.  End Comment. 
 
Contributions 
------------- 
 
¶5.  (SBU) The UN has not received any new contributions to 
the Tribunal since February 13, when Saudi Arabia deposited 
$5 million, Michel said (ref B).  The UN has received 
indications from third parties that two Arab states (i.e., 
the UAE and Kuwait) will contribute, these states have not 
informed the UN, nor have they made their contributions. 
 
Building 
-------- 
 
¶6.  (SBU) OLA consultant Robin Vincent and Phil Mitnick, an 
architect from the International Criminal Tribunal for 
Yugoslavia who is providing guidance on the plans to 
refurbish the building the Tribunal will occupy, briefed the 
Committee on the current cost estimate ($13.5 million).  A 
detailed cost breakdown was circulated and provided to IO 
(ref C).  Costs are estimated at $1.5 million for building a 
courtroom, $1.1 million for building ten holding cells, and 
$2.1 million for installing information technology in the 
 
 
courtroom.  Security-related improvements, such as installing 
blast-proof film on the windows, installing close-circuit 
televisions and upgrading the building's access control 
system, will cost approximately $5 million, while mandatory 
fire safety improvements will cost $2.8 million.  The budget 
also includes just under $1 million for office refurbishment 
to cover general maintenance-related costs.  Although the 
cost estimates are not based on actual designs, Mitnick said 
he is confident that the figures are sound and sufficiently 
reflect possible contingencies.  The estimates also include 
the estimated cost of overhead for contractors as well as the 
standard charge assessed by the Dutch government's building 
agency (RGD), which is managing the project.  The Committee 
did not reach a decision on the proposed construction 
package, however, because several members wanted to wait 
until their representatives have had a chance to tour the 
Tribunal building, which Vincent hopes to arrange this week. 
Note:  After the meeting, USUN learned that Germany and 
France plan to send budgetary and construction experts to The 
Hague to tour the facility and consider the current 
construction proposal first-hand.  End Note. 
 
¶7.  (SBU) In response to USUN's questions, Mitnick explained 
that the proposed courtroom information technology package, 
estimated at $2.1 million, is intended to increase the 
efficiency and transparency of the Tribunal's proceedings. 
USUN has emailed a detailed breakdown to IO (ref D).  Among 
other things, the technology would permit simultaneous 
translation in the three languages of the Tribunal (with 
reserve capacity for a fourth language if a witness or 
defendant does not speak one of the Tribunal's official 
languages).  The visitors' gallery would be equipped with 
headphones to allow the public to listen to proceedings in 
the Tribunal's three languages.  Twenty-five percent of the 
costs would cover "e-court" technology, which will allow the 
Tribunal to save audiovisual material into a digital format, 
facilitating the preparation of archives for the Tribunal and 
allowing the Tribunal to post proceedings on the Tribunal's 
website through streaming audio/video feeds.  The package 
also has features to enhance witness protection, such as by 
distorting witnesses' voices and faces and by permitting 
witnesses to testify from off-site.  It also can facilitate 
discovery by allowing electronic transmission of documents to 
the defense.  The proposed package is more sophisticated than 
the one the Special Court for Sierra Leone currently uses, 
Vincent said, but reflects the latest developments in 
courtroom technology and addresses many of the gaps in 
previous tribunals' technology systems. 
 
¶8.  (SBU) As far as when the building can be occupied, 
Vincent said the Dutch security services have advised that, 
with four to five weeks' advance notice, a small advance team 
could use the building as long as internal security is in 
place.  Internal security guards from the ICTY can provide 
that security, on a full-cost reimbursement basis, with one 
month's notice, Vincent said.  The Dutch also said the 
process for getting a permit and building a security fence 
for the building could be condensed from 13 to four weeks. 
 
¶9.  (SBU) In response to Committee members' questions, 
Vincent and Mitnick clarified that, at least until the end of 
2009, the Tribunal could not save costs by using the ICTY's 
courtroom space.  The ICTY is running eight trials in three 
courtrooms and operating at full capacity.  If a suspect or 
suspects are arrested before the Tribunal building is ready, 
however, the ICTY or the International Criminal Court could 
make space available to permit the defendant to make an early 
appearance, they clarified. Vincent and Mitnick also 
clarified that it would not be feasible to use the ICTY's 
holding cells because the ICTY is several miles away from the 
Tribunal building. 
 
Detention Facility Available 
---------------------------- 
 
¶10.  (SBU) In response to USUN, Vincent confirmed that the 
Dutch government will allow the Tribunal to use the 
Scheveningham detention facility, where the ICTY and the 
International Criminal Court (ICC) currently house 
defendants.  Cells for six detainees could be made available 
within four to six weeks if necessary, and the detention 
facility will have an entire wing available by the beginning 
of 2009.  The UN anticipates that the Dutch government will 
charge the Tribunal the same rate as the ICTY and the ICC pay 
(roughly 215-220 Euros per cell per day); that rate would 
include the costs of any renovations needed to accommodate 
defendants before the Tribunal. 
 
 
Terms and Conditions of Service for Judges 
------------------------------------------- 
 
¶11.  (SBU) The Committee also discussed whether the judges 
should receive a salary of $170,080 per year (as the judges 
on the Special Court for Sierra Leone do) or $136,130 per 
year, which tracks the revised annual salary system 
established by GA resolution 61/262 (2005), applicable to 
permanent judges of the International Court of Justice and 
ICTY who will begin new terms of office after January 1, 2007 
(ref D).  Including costs associated with the post 
adjustment, the option resembling the Sierra Leone model 
would cost the Tribunal $254,675 per judge; the option 
following GA resolution 61/262 would amount to $220,939 per 
year.  Most Committee members (in particular Germany and 
France) favored the second (less costly) option.  Lebanon 
indicated it preferred the first option but could live with 
the second one.  The Committee will make a final decision on 
the proposal this week; unless otherwise instructed, USUN 
will join other Committee members in supporting the less 
costly option, although it should be noted that the judges, 
who had been told that they would receive compensation along 
the lines of the judges on the Special Court for Sierra 
Leone, "with appropriate modifications," may be dissatisfied 
with the lower figure.  Comment:  ICJ salaries are currently 
being considered by the Fifth Committee.  End Comment. 
 
SYG's Report to the Council 
--------------------------- 
 
¶12.  (SBU) Michel said OLA has sent the SYG a draft progress 
report to the Security Council on the Tribunal.  Although the 
SYG will decide when to transmit the report, OLA thinks he 
should do so in the next two weeks, to provide Council 
members sufficient time to review it.  The Council could be 
briefed on the report at the same time as Bellemare briefs 
the Council on his report. 
 
Transfer of Funds to Tribunal Account 
------------------------------------- 
 
¶13.  (SBU) Committee members also discussed how contributions 
can be transferred from the UN Trust Fund for the Tribunal to 
the separate Tribunal account that the Registrar will open 
once he has been selected.  The UN will look into whether the 
separate account to be set up for the Tribunal can use the 
same Terms of Reference as the UN Trust Fund to which states 
have made contributions, as some donors have requested. 
 
Next Meeting 
------------ 
 
¶14.  (SBU) The Committee will meet on March 6 to decide upon 
the terms and conditions of service for the judges as well as 
staff.  Because Dutch law requires that all persons employed 
in the Netherlands must have health insurance and long-term 
care, long-term illness insurance, partial and total 
disability benefits, survivor's benefits, and pension 
benefits, the Management Committee must approve a package 
that provides such benefits to Tribunal staff.  As Vincent 
explained to the Committee on February 21 (ref E), the UN is 
proposing to meet the Dutch social security requirements for 
staff by having the Tribunal join the UN Staff Pension Fund. 
Although doing so would increase staff costs by about 16 
percent for the duration of the Tribunal's operations, 
Vincent stressed that contracting with an outside 
organization to provide benefits would also entail costs. 
Because the UN assumes that the judges will have pension 
coverage from their current employers, the UN's proposed 
terms and conditions of service for judges state that the 
Tribunal will not contribute to any pension plan on behalf of 
a judge Qless otherwise determined on a case-by-case basis. 
Note:  USUN will follow up with OLA to determine whether, 
under the UN's headquarters agreement with the Netherlands, 
some key Tribunal staff will receive diplomatic privileges 
and immunities in the Netherlands and thus may not be subject 
to the Dutch social security law.  End Note. 
 
KHALILZAD