VZCZCXYZ0000
OO RUEHWEB

DE RUCNDT #1017/01 3092334
ZNR UUUUU ZZH
O 042334Z NOV 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5265
INFO RUEHAD/AMEMBASSY ABU DHABI IMMEDIATE 0138
RUEHLB/AMEMBASSY BEIRUT IMMEDIATE 1502
RUEHRL/AMEMBASSY BERLIN IMMEDIATE 0981
RUEHDM/AMEMBASSY DAMASCUS IMMEDIATE 0422
RUEHKU/AMEMBASSY KUWAIT IMMEDIATE 1312
RUEHOT/AMEMBASSY OTTAWA IMMEDIATE 1098
RUEHRH/AMEMBASSY RIYADH IMMEDIATE 0168
RUEHRO/AMEMBASSY ROME IMMEDIATE 1028
RUEHTV/AMEMBASSY TEL AVIV IMMEDIATE 1961
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 9060

UNCLAS USUN NEW YORK 001017 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PTER EAID UNSC LE
SUBJECT: SPECIAL TRIBUNAL FOR LEBANON - TRANSITION FROM 
IIIC TO STL AND STL BUDGET 
 
¶1.  (U) Action request in paragraph eight. 
 
¶2.  (SBU) Summary: Under Secretary-General/Legal Counsel 
Patricia O'Brien and International Independent Investigation 
Commissioner Daniel Bellemare have agreed that Bellemare 
should seek a two-month extension (beyond its December 31, 
2008 mandate expiration) from the UN Security Council for the 
International Independent Investigation Commission (IIIC) in 
order to effect a phased transfer to the Special Tribunal for 
Lebanon (STL) which will then commence functioning on March 
1, 2009 with Bellemare as Prosecutor.  USD 51 million in 
contributions are currently available for year one 
operations.  The STL Management Committee is reviewing a 
budget for the Tribunal of USD 51 million if proceedings move 
slowly to USD 61 million if proceedings move more rapidly. 
The additional USD 10 million still needs to be raised from 
donors.  Pledges totaling USD 130 million for the Tribunal's 
second and third year of operations must be identified, 
including from the U.S., in order for the Secretary-General 
to consider the Tribunal "financially viable" and therefore 
declare it functioning.  End summary. 
 
Transition from IIIC to STL 
--------------------------- 
 
¶3.  (SBU) Under Secretary-General/Legal Counsel Patricia 
O,Brien briefed P-3 experts November 3 that she and 
International Independent Investigation Commissioner Daniel 
Bellemare agreed earlier that day that the International 
Independent Investigation Commission (IIIC) should request a 
two-month extension from the UN Security Council in order to 
effect a phased transition to the Special Tribunal for 
Lebanon (STL), which would commence operations March 1. 
(Note: According to UNSCR 1815, IIIC's mandate expires 
December 31, 2008.  End note.)  During the two-month 
extension, IIIC staff would transfer to the Hague in phases 
with Bellemare being the last to transfer at the end of 
February.  This plan is based on the fact that the STL 
Registrar Robin Vincent says it will be chaotic to have the 
full IIIC staff transfer in one group for a start date of 
January 1 and Bellemare,s preference to not transfer his 
whole staff in one group since that would likely slow down 
the investigation's momentum.  The phased transfer will also 
result in budgetary savings since the STL start date will be 
March 1 and the UN's regular budget will continue funding 
IIIC until then. 
 
STL contributions received 
for year one operations 
-------------------------- 
 
¶4.  (SBU) The U.S. has provided a total of USD 14 million out 
of the USD 55 million in funds provided to date for the 
Tribunal,s first year of operations.  The U.S. is the second 
largest donor after Lebanon (which has an obligation to 
provide 49 percent of the Tribunal,s budget (though it is 
unlikely to meet that obligation in year one since the GOL 
initially requested a smaller sum from the Lebanese 
Parliament based on an initially smaller Tribunal budget 
estimate and is resisting going back to the Parliament for 
another disbursement, according to the Lebanese DPR)).  Of 
that USD 55 million contributed, approximately USD 51 million 
remains available for the first year,s budget (about USD 4 
million was used for the task force and advance team work). 
Other states have contributed the following for year one: 
 
Austria - USD 120,000 
Belgium - USD 270,270 
Canada - USD 1,023,317 
Czech Republic - USD 60,000 
France - USD 2,209,862 
Germany - USD 1,000,000 
Hungary - USD 10,000 
Italy - USD 886,080 (remaining balance of USD 1,000,000 will 
be deposited this month, according to Italian expert) 
Japan - USD 1,000,000 
Kuwait - USD 5,000,000 
Lebanon - USD 17,185,572 
Netherlands - (rent of STL building, equivalent to USD 
5,362,766 per year) 
Russia - USD 500,000 
 
 
Sweden - USD 166,390 
Turkey - USD 50,000 
UK - USD 1,000,000 
Regional states - USD 9,999,975 
 
STL Management Committee 
Reviewing Budget 
------------------------ 
 
¶5.  (SBU) The STL Management Committee is considering a 
budget that will reflect a range of USD 61 million (if 
indictments/trials/detentions move more quickly) to USD 51 
million (if indictments/trials/detentions move more slowly). 
The proposal before the Management Committee is to authorize 
the STL Registrar to spend up to USD 51 million.  Should 
proceedings move more quickly than currently anticipated, 
then the Registrar would return to the Management Committee 
for approval to spend from the supplemental USD 10 million in 
funding for specific contingency purposes.  STL Registrar 
Vincent is currently reviewing the previously proposed budget 
of USD 67 million to bring it down to USD 61 million and then 
separate out USD 10 million in specific contingency 
expenditures.  (Comment: Mission plans to express its support 
of the above budget proposal unless Department provides 
alternative instructions by November 7.  End comment.)  STL 
Registrar Vincent told the Committee October 31 that, once 
the STL is operational, he plans to send a financial report 
to the committee every month and have a financial review 
after the first six months. 
 
¶6.  (SBU) Note: The supplemental USD 10 million in funding 
still needs to be raised.  The Canadian and Dutch members of 
the Management Committee said October 31 that their 
governments are looking for additional funds to provide to 
the STL for year one.  In addition, the European Commission 
has expressed an interest in providing USD 2 million for year 
one, once a budget is finalized, according to the STL Liaison 
Officer.  End note. 
 
UN Secretariat to send out 
fundraising letters seeking 
pledges for years two and three 
------------------------------- 
 
¶7.  (SBU) In order to declare the STL open for business in 
the spring, the Secretary-General, per Article 5 of the 
Agreement between the UN and the GOL on the establishment of 
the STL (Annex to UNSCR 1757), will need to confirm the 
financial viability of the Tribunal by assessing whether 
there are sufficient contributions on deposit to cover the 
first year,s budget and sufficient pledges from member 
states to cover the budget for years two and three.  The STL 
Registrar Robin Vincent estimates that pledges for years two 
and three should total roughly USD 130 million.  O'Brien told 
the Management Committee October 31 that the UN Secretariat 
would shortly issue letters to all member states requesting 
funds and pledges for the STL. 
 
Action request 
-------------- 
 
¶8.  (SBU) As a leading supporter of the STL, the U.S. should 
indicate early on its anticipated pledge for years two and 
three.  Mission requests Department notify it of the 
anticipated U.S.  pledge amount as soon as possible.  End 
action request. 
Khalilzad