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DE RUCNDT #0285/01 0882321
ZNR UUUUU ZZH
O 282321Z MAR 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4019
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 03 USUN NEW YORK 000285 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON TRIBUNAL: BROAD SUPPORT IN COUNCIL BUT 
RUSSIA WARNS AGAINST PREMATURE ESTABLISHMENT 
 
 
¶1. (SBU) Summary.  UN Legal Counsel Nicolas Michel delivered 
a largely technical briefing to the Security Council on March 
28 about the SYG's efforts to set up the Special Tribunal for 
Lebanon (STL) per UNSCR 1757.  Recalling all the steps that 
have been taken since the SYG's last report in September, 
including conclusion of a headquarters agreement and 
selection of judges, Michel also said the SYG has now 
received USD 34.4 million in cash and USD 25.9 million in 
pledges.  This figure is close to the USD 50 million in cash 
that the SYG will need to cover the set up and first year of 
the Tribunal's operations.  Michel also said most of the key 
elements are in place to ensure a coordinated transition 
between the International Independent Investigation Committee 
(UNIIIC) and the STL.  In response to this presentation, most 
delegations welcomed the SYG's efforts and reinforced the 
importance of setting up the STL soon, but several delegates 
warned that the work of the STL must be seen to be impartial 
and guided only by legal considerations.  Russian PR Churkin 
complained that the SYG had established the Management 
Committee without consulting with the UNSC (which was not 
required).  He also emphasized that the UNIIIC investigation 
must conclude before the STL begins functioning and that the 
two entities should not/not exist in parallel.  Michel 
replied that the SYG would decide when the STL begins 
functioning.  After the consultations, the Council adopted a 
press statement welcoming the SYG's report and the progress 
achieved in setting up the STL.  End Summary. 
 
Michel Briefs on Setup of Tribunal 
---------------------------------- 
 
¶2. (U) Before a largely technical briefing on the set up of 
the STL, Michel emphasized that the Secretariat has 
approached the issue with a view to maintaining the 
"broad-based, consensual support" for the Tribunal reflected 
in several unanimously adopted UNSC resolutions and letters 
that authorized the SYG's work.  Since the SYG's last report 
on UNSCR 1757 in September 2007, the Secretariat had signed 
the Headquarters Agreement (HQA) with the Dutch, selected 
judges and appointed the Prosecutor and Registrar, and had 
established a Management Committee.  Michel said OLA is in 
active discussions to ensure a coordinated transition from 
the IIIC to the STL and that most of the key elements are in 
place.  For example, the UNIIIC Commisioner had been asked to 
establish a witness protection program. 
 
¶3. (U) In terms of funding for the Tribunal, Michel reported 
that the SYG had raised USD 34.4 million in cash and an 
additional USD 25.9 million in pledges for the set up and 
first year of the STL's operation.  If all pledges are 
converted into cash, this will leave the SYG with more than 
USD 60 million, above the estimated USD 50 million needed for 
the first year and set up.  In order to meet the budgetary 
requirements for the STL to begin functioning, Michel noted, 
the SYG must also receive "sufficiently clear indications" 
that he will receive adequate contributions for the second 
and third years. 
 
Broad Support for Tribunal 
-------------------------- 
 
¶4. (SBU) Most delegations welcomed the SYG's efforts and 
reinforced the importance of setting up the STL soon.  Many 
also stressed the need for a well-coordinated transition from 
the UNIIIC to the STL.  Amb Khalilzad emphasized that the set 
up of the Tribunal would help end impunity for political 
assassinations in Lebanon and beyond.  The sooner the STL 
becomes operational, he argued, the sooner it will have a 
deterrent impact on the actions of those responsible for 
these crimes.  Indonesia said it was "mindful of the 
important progress" with regard to the STL and hoped the 
Tribunal would be set up soon.  Libya agreed the Tribunal 
would be important in ending impunity in Lebanon and helping 
the GOL extend its sovereignty across its country.  Following 
Amb Khalilzad's exhortation to Council members to support the 
STL financially, Italy announced that it is considering a 
"substantial" contribution.  The UK said it was considering 
an additional contribution beyond the USD one million it had 
already announced. 
 
But Concerns About Politicization 
--------------------------------- 
 
¶5. (SBU) Despite the broad support expressed for the 
Tribunal, several delegations warned that the work of the STL 
must be seen to be impartial and guided only by legal 
considerations.  Indonesia, noting that the HQA had been 
negotiated bilaterally instead of trilaterally because of the 
continuing political crisis in Lebanon, underscored that it 
 
USUN NEW Y 00000285  002 OF 003 
 
 
is impossible to separate the STL from Lebanese politics and 
that this linkage must be understood.  (Note: The fact that 
Indonesia realized that the HQA was concluded bilaterally 
between the Netherlands and the UN shows how closely they are 
following this issue.  End Note.)  Vietnam added that any 
measure adopted by the UNSC on the Tribunal must also be 
"fair and balanced."  China said the STL must operate in 
"strict accordance" with relevant UNSCRs and bilateral 
agreements between the UN and Lebanon, with full consultation 
with the GOL. 
 
Russia Complains About Management Committee 
------------------------------------------- 
 
¶6. (SBU) After "noting" the SYG's progress in setting up the 
Tribunal, Russian PR Churkin underscored that the Management 
Committee would play a significant role in guiding the 
efforts of the STL, and expressed "surprise" that the SYG 
established the Committee without consulting the SYG.  (Note: 
The SYG is under no such obligation in UNSCR 1757.  End 
Note.)  Since all countries on the Committee come from "one 
geographic area," Churkin argued the Committee would be 
"unlikely to ensure an impartial Tribunal."  (Note: As 
Lebanon is a member of the Committee, Churkin was again 
incorrect.  End Note.)  He said that although financial 
contributions should be one criterion for membership, given 
the delicate political situation, contributions should not be 
the only criteria.  Due to its displeasure with the way the 
Management Committee was established, Churkin said Russia 
could not agree to "commend" the SYG for his efforts to set 
up the STL in the draft press statement. 
 
¶7. (SBU) Churkin also emphasized that UNIIIC should have 
"sufficient time to complete its investigation" before the 
Tribunal begins functioning.  The UN must "avoid the parallel 
existence of the two bodies," he declared.  Libya and 
Indonesia also underscored the need to ensure a "coordinated 
transition" between UNIIIC and the STL.  Separately, Libya 
tried to amend the draft press statement to delete the phrase 
that the SYG should establish the STL in coordination with 
the GOL "when appropriate."  (Note: Libya seemed to believe 
that Lebanon must agree in all matters related to the 
Tribunal.  End Note.)  After the U.S., France, and Russia 
recalled that the language in the draft press statement about 
coordination with the GOL comes directly from UNSCR 1757, 
Libya relented. 
 
Michel Defends Himself and STL 
------------------------------ 
 
¶8. (SBU) In response to Churkin's criticism, Michel took the 
floor again to explain that all members of the Management 
Committee had contributed at least USD one million to the 
Tribunal.  The Committee envisioned adding new members if 
they satisfy the criteria for membership, including making 
significant contributions to the STL.  The Committee also 
planned to convene a Group of Interested states to provide 
regular information about the STL.  He agreed that the 
Tribunal must remain strictly impartial and operate based on 
purely legal considerations, and to this end, noted that the 
UN had hired communications staff to deliver that message to 
the Arabic media in Beirut and beyond.  In this respect, he 
expressed satisfaction that several states that were 
originally skeptical of the Tribunal had decided to make 
financial contributions, which Michel interpreted as a sign 
of confidence in the Secretariat's approach to the set up. 
On the transition between UNIIIC and the STL, Michel 
emphasized that, in accordance with resolution 1757, the SYG 
would decide when the STL would begin functioning, after 
consultation with the GOL and in light of financial 
contributions to the Tribunal and the state of the UNIIIC 
investigation. 
 
Council Adopts Press Statement 
------------------------------ 
 
¶9. (SBU) After the consultations, Russian PR Churkin read out 
the following statement to the press on behalf of the Council: 
 
The members of the Security Council were briefed today by 
Under Secretary-General Nicolas Michel on the 
Secretary-General's report on the implementation of 
 
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resolution 1757 (2007) regarding the establishment of the 
Special Tribunal for Lebanon. 
 
They welcomed the report and took note of the 
Secretary-General's efforts regarding the establishment of 
 
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the Special Tribunal, based on the highest international 
standards of criminal justice. 
 
USUN NEW Y 00000285  003 OF 003 
 
 
 
The members of the Security Council noted the substantial 
progress that has been made, in particular the signing of the 
Headquarters Agreement between the United Nations and the 
Kingdom of the Netherlands, the appointment of the Prosecutor 
as well as of the Registrar of the Special Tribunal, and the 
establishment of the Management Committee. 
 
They welcomed the contributions and pledges received and 
expressed support for the Secretary-General's efforts to 
continue to seek the necessary funds from Member States. 
 
The members of the Security Council encouraged the 
Secretary-General to continue to undertake, in coordination, 
 
SIPDIS 
when appropriate, with the Government of Lebanon, the steps 
and measures necessary to establish the Special Tribunal in a 
timely manner. 
KHALILZAD