LEBANON: JUSTICE MINISTER SAYS DRAFT TRIBUNAL

C O N F I D E N T I A L SECTION 01 OF 02 BEIRUT 002609

SIPDIS

SIPDIS

NSC FOR ABRAMS/DORAN/SINGH/HARDING

E.O. 12958: DECL: 08/13/2016
TAGS: PREL KCRM PTER PINR MOPS LE SY IS
SUBJECT: LEBANON: JUSTICE MINISTER SAYS DRAFT TRIBUNAL
FRAMEWORK IS UNDER STUDY (PART II)

Classified By: Jeffrey D. Feltman, Ambassador. Reason 1.4 (d).

SUMMARY
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1. (C) During an August 13 meeting with Ambassador and
poloff, Lebanese Minister of Justice Charles Rizk said that
the United Nations had provided him with a draft framework
for a "special tribunal of international character" to try
suspects in the assassination of Rafiq Hariri, and that the
draft is currently under study. He added that, separate from
the international tribunal, Saad Hariri and former Justice
Minister Bahij Tabbareh want to present a case against PM
Ehud Olmert and Israeli military commanders. Rizk agreed
with the Ambassador that they should be discouraged from
pursuing this course. In a discussion on Lebanese politics,
Rizk suggested that the root of Lebanon's problems is in its
stubborn adherence to a confessionalized party system, and
that a new electoral law would help encourage the formation
of cross-sectarian parties. End Summary.

INTERNATIONAL TRIBUNAL
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2. (C) Rizk said that the UN's Office of the Legal Advisor
(OLA) had provided an "informal draft" laying out the
framework for a "special tribunal with international
character" to try suspects in Hariri's assassination. Noting
that the draft is being kept very close hold, Rizk said he
had passed it to PM Siniora who had shared it with former
Minister of Justice Bahij Tabbareh to study before it comes
under more general government scrutiny.


3. (C/NF) Rizk said Hariri's widow Nazek had also requested
a copy, which he had refused to provide to her. He added
that Nazek, ensconced in Paris, had called him to tell him
that "my friend here asks why don't you call Kofi?" Rizk
says he told her that he couldn't do so because "it's still
not government policy." Suspecting Nazek's "friend" to be
Jacques Chirac, Rizk believes the French President is leaning
heavily on the UN to get the tribunal set up.


4. (C) Regarding the draft, Rizk said there are two initial
concerns with it. Firstly, the pre-trial judge assigned in
conjunction with the prosecutor is given "too much control."
Secondly, the tribunal is given competency over the Hariri
assassination and "all related crimes between October 2004
and December 2005," those dates marking the assassination
attempt on Marwan Hamadeh and the assassination of Gibran
Tueni respectively. While Rizk professes he would prefer a
tribunal with competency from October 2004 until five years
hence, in order to "dissuade any future criminal act," he
believes that Hizballah would never accept even the timeframe
as it is in the current draft. Rizk noted though, that much
depends on whether Hizballah emerges stronger or weaker from
the current conflict with Israel.

SUING ISRAEL
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5. (C/NF) In a very brief mention, Rizk said that Hariri
and Tabbareh had asked him to look into suing Israeli
leadership, including PM Olmert, over its prosecution of the
war with Lebanon. Rizk acknowledged he had been in touch
about this with UNIIIC Chief Serge Brammertz, who had
referred him to another judge (Note. Rizk mentioned this
judge is Italian. End Note). The second judge informed him
that Lebanon risked being counter-sued over the behavior of
Hizballah. Rizk said Tabbareh had been incensed when he
heard this, and had criticized Rizk for consulting someone
"on the other side." Agreeing with the Ambassador that this
suit against Israel would be a most ill-advised move, Rizk
said that nevertheless it is still under consideration.

DO AWAY WITH CONFESSIONAL POLITICS
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6. (C) Towards the end of the meeting, Rizk expounded on
his opinion that reform of the electoral system in Lebanon
was key to fostering a more effective and united central
government. Claiming that the Christian population in

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Lebanon is "melting under the sun," a reference to the high
rate of emigration, he said that the only way for the
Christians to survive would be through establishing a new
electoral law which supports cross-confessional politics.
Rizk suggests keeping the 50/50 parliamentary split between
Chirstians and Muslims, while establishing constituencies in
which political parties must present balanced
cross-confessional slates that are not based on the
demographic makeup of the constituency so that, in effect, a
Maronite would need votes in an all-Shi'a district or a Druze
in an all-Maronite district. "They would have to be part of
a ticket. I relish a system whereby the Muslims need the
Christians, and vice versa."


7. (C) Aware that his plan would meet with widespread
resistance from the dwindling primarily-Maronite, Christian
population since their MPs would be forced to appeal to more
and more Muslim voters, Rizk said that he had spoken on this
with Maronite Patriarch Sfeir who was supportive of his idea.
The Maronites can not continue to behave as though they are
still the largest community in Lebanon, according to Rizk.
"The Maronites should not hang on to this sinking ship."

COMMENT
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8. (C) If the cessation of hostilities holds, we need to
focus on reenergizing the Hariri investigation and
facilitating the establishment of a tribunal. Syria and its
Lebanese allies are likely hoping to slow-roll the process.
We need to ensure this does not happen. When Syria suffered
a defeat in September 2004 with the passage of UNSCR 1559,
Syria -- presumably -- responded by killing Rafiq Hariri.
When Syria suffered a second defeat with the March 14, 2005
"Cedar Revolution" and departure of the Syrian troops a month
later, Lebanon was hit with a dozen bombings, assassinations,
and assassination attempts. UNSCR 1701 is another defeat for
Syria (and for those, like Spanish Foreign Minister
Moratinos, who advocated a role for Syria in the
deliberations). We should brace ourselves for a Syrian
response. Moving ahead expeditiously on the establishment of
a special tribunal with international character should help
protect Lebanon.
FELTMAN