Identifier
Created
Classification
Origin
06BEIRUT2863
2006-09-05 17:18:00
SECRET//NOFORN
Embassy Beirut
Cable title:  

LEBANON: JUSTICE MINISTER DESCRIBES A STRONG

Tags:  PREL KCRM KDEM PTER LE SY IS 
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S E C R E T SECTION 01 OF 02 BEIRUT 002863 

SIPDIS

NOFORN
SIPDIS

NSC FOR ABRAMS/DORAN/MARCHESE/HARDING

E.O. 12958: DECL: 09/05/2016
TAGS: PREL KCRM KDEM PTER LE SY IS
SUBJECT: LEBANON: JUSTICE MINISTER DESCRIBES A STRONG
SINIORA GOVERNMENT BUT PROBLEMS AHEAD FOR HARIRI TRIBUNAL


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

Summary
---------

S E C R E T SECTION 01 OF 02 BEIRUT 002863

SIPDIS

NOFORN
SIPDIS

NSC FOR ABRAMS/DORAN/MARCHESE/HARDING

E.O. 12958: DECL: 09/05/2016
TAGS: PREL KCRM KDEM PTER LE SY IS
SUBJECT: LEBANON: JUSTICE MINISTER DESCRIBES A STRONG
SINIORA GOVERNMENT BUT PROBLEMS AHEAD FOR HARIRI TRIBUNAL


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

Summary
--------------


1. (S) Receiving the Ambassador at his home 9/5, Justice
Minister Charles Rizk described a bouyant Siniora government
making progress on implementing UNSCR 1701 despite objections
from Hizballah and its allies. Noting the arrival the
following day of UN/OLA chief Nicolas Michel, Rizk also
alerted us to potential problems in the next phases of the
investigation into the assassination of Rafiq al-Hariri and
the establishment of a Special Tribunal to try the crime.
These include growing opposition from President Lahoud, the
possible distraction from Speaker Berri, sensitivity
surrounding Legal Advisor Michel's visit this week, and signs
of weakness in Prosecutor Brammertz' case. End Summary.


2. (SBU) Ambassador and PolCouns met with Minister of Justice
Charles Rizk at his home on September 5 to discuss the
Cabinet's extraordinary meeting of the night before and
upcoming events in the investigation and prosecution of the
assassination of former PM Rafiq al-Hariri.

Cabinet Meeting Gives Siniora a Victory
--------------


3. (C) Rizk shared with us a readout of the September 4
Cabinet meeting, in which the Cabinet voted to request UNIFIL
assistance in patrolling Lebanon's Mediterranean territorial
waters in implementation of UNSCR 1701. Hizballah ministers
complained that involving UNIFIL in this role would abandon
Lebanon's sovereignty, Rizk noted. He responded in the
meeting that Lebanon had already abandoned its sovereignty on
land occupied by UNIFIL; why should anyone be concerned with
its maritime sovereignty? The Hizballah ministers responded
that they objected to giving UNIFIL "another territory" --
that is, the sea space.


4. (S) Despite the first split among the Shia ministers since
the formation of the cabinet in July 2005, the mood in the
cabinet was "good", according to Rizk. Still, with Iranian

behavior and the stubbornness of Israel in maintaining the
blockade, Rizk felt, Lebanon is in for a long conflict.
Furthermore he predicted "stormy seas" ahead for the next few
weeks due to the planned presentation of three reports -- UN
SYG Annan's report on the implementation of UNSCR 1701,
Nicolas Michel's draft agreement on the Special Tribunal with
international character for the Hariri assassination, and the
Brammertz report now expected near the end of September.

Trouble for the Special Tribunal
--------------


5. (S) Rizk noted a number of possible obstacles to the
formation of a Special Tribunal to try figures allegedly
involved in the assassination of Rafiq al-Hariri. President
Lahoud, Rizk's friend of long years, has been getting
"nervous" according to Rizk, and has now openly decided the
Special Tribunal is a "bad thing." It is unclear whether
Lahoud's apparent opposition to the Tribunal is part of his
longstanding pattern of pushing the Syrian agenda in Lebanon,
often proactively, or whether he has something specific to
fear from the prosecution -- a prospect Rizk doubts. Rizk
predicted that he may soon begin to object that the four
generals imprisoned since last year may be in prison for
nothing -- a claim that their lawyer Naji Boustany has
already made to local media.


6. (S) This week's planned visit of UN Legal Advisor Nicolas
Michel may also run into trouble, according to Rizk.
Parliament Speaker Nabih Berri has said that he won't meet
Michel during his visit, which is a key blow -- Michel was to
have sought this week to finalize the text of the statute
governing the Special Tribunal, and the statute must be
passed by the Lebanese Parliament. Berri unconvincingly
claimed that his time and energies have been consumed in the
Parliament sit-in he kicked off last Saturday to protest the
air and sea blockade, and he has up to now followed through
on his pledge to decline meetings with foreign delegations.
Whether Berri is merely making a point or holding the

BEIRUT 00002863 002 OF 002


Tribunal statute hostage to the blockade issue, his refusal
to meet with Michel does not bode well for an efficient
passage of the statute, Rizk deemed.


7. (S) Rizk and Michel have also felt the need to explore
ways of handling his visit that would reduce alarm on the
part of the Tribunal's would-be opponents. Michel suggested
that they term his visit a "working visit" despite the fact
that Michel's main purpose in coming to Beirut will be to
formally tender to Rizk a final proposal for the statute.
For his part, Rizk decided to term the proposal the "UN
version" in order to suggest that some negotiating room
remains.


8. (S) UNIIIC Commissioner Serge Brammertz still plans to
submit his report at the end of this month, but his case may
be in trouble, Rizk allowed. Brammertz told Rizk to prepare
for an extension of the investigation's mandate beyond June
2007, indicating that he may need to seek additional evidence
and more time. Brammertz also proposed to delay Michel's
visit, saying that it was "indecent" to pursue the business
of the statute while Lebanon is in the midst of a conflict.
His real reason may have been to delay work on the statute
until there is more evidence. Rizk said he would favor
proposing that Brammertz take on the position of Prosecutor
for the Special Tribunal, but that he feared Brammertz would
decline.

COMMENT
--------------


9. (S/NF) Despite his childhood friendship with Emile
Lahoud, Rizk has been a strong supporter of the UNIIIC and
the move toward a Special Tribunal. Indeed, Rizk must have
greatly disappointed Lahoud, who surely insisted on Rizk for
the Justice Ministry in the belief Rizk would protect
Lahoud's interests (which seem to overlap 100 percent with
Syria's interests). But instead of listening to his friend
Emile, Rizk has listened to another voice -- an inner voice
of Maronite ambition that told him that his best (if not
only) chance of achieving the presidency was to break
politically with Lahoud and show the March 14 politicians
that he would promote the investigation and trial of the
Hariri assassination. Lahoud is now quoted in the media as
being disgusted with his former friend, leading to phone
calls of solidarity from the March 14 crowd to an amused and
delighted Rizk. But Rizk's commitment to the Hariri
investigation and trial (or his "betrayal," in Lahoud's view)
has a downside. Rizk has received an increasing number of
security warnings to be careful. Our meeting with him today
took place just after another key link in the Hariri
investigation, an ISF officer, was the target of a double car
bomb. Rizk told us that he was staying home because of the
warnings he received, and he phoned the Ambassador later to
request that we pass on any threats we might pick up that are
targeted at him.
FELTMAN