LEBANON: JUSTICE MINISTER WANTS INTERNATIONAL

C O N F I D E N T I A L BEIRUT 003043

SIPDIS

SIPDIS

NSC FOR ABRAMS/DORAN/MARCHESE/HARDING
STATE FOR NEA/ELA, NEA/FO:ATACHCO

E.O. 12958: DECL: 09/19/2016
TAGS: KCRM PREL PTER LE SY
SUBJECT: LEBANON: JUSTICE MINISTER WANTS INTERNATIONAL
CONSENSUS, BRAMMERTZ ON SPECIAL TRIBUNAL


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


1. (C) Ambassador and Polcouns called on Justice Minister
Charles Rizk on September 18 at his home to discuss the
Brammertz investigation and preparations for a special
tribunal with international character. We examined with Rizk
the latest draft of the statute authorizing the tribunal.
This version was concluded with UN Legal Advisor Nicolas
Michel during his visit to Beirut last week, and is free of
bracketed language with the exception of the title for
Article 3. Rizk had discussed the draft over the weekend
with UNIIIC Commissioner Serge Brammertz, who shared his
concern about the "Crimes Against Humanity" language.

Crimes Against Humanity Article


2. (C) Rizk told Michel that Article 3 of the draft statute,
entitled "Crimes Against Humanity," would be a hard sell in
Lebanon as it seemed too broad and threatened the Lebanese
consensus, articulated during the National Dialogue, in favor
of the tribunal. Michel wants the "crimes against humanity"
language in the document in order to preclude presidential
immunity; however Rizk fears it may prevent Council of
Ministers acceptance of the statute, and suggested deleting
the heading "crimes against humanity" and appending the
Article 3 text to the end of Article 1, "Jurisdiction of the
Special Tribunal."


3. (C) Rizk consulted Brammertz on the statute language over
the last weekend. Brammertz suggested deleting the entire
Article 3 and adding language to Article 2, "Crimes Under
Lebanese Law" to the effect that any crimes uncovered and
proven during the investigation and trial that fall under
provisions of international law will be tried under
international law, which (according to Brammertz)
automatically eliminates presidential immunity.

Brammertz to Stay On?


4. (C) According to Rizk, Brammertz was very engaged and
attentive to the text of the statute, and Rizk concluded from
his behavior that he might succeed in convincing Brammertz to
stay on after the launch of a special tribunal to be its
Chief Prosecutor. Brammertz stressed to us how important
this would be; he noted that bringing a new prosecutor up to
speed on the case would require months of additional waiting.
Rizk felt that with an appropriate statute for the tribunal,
"a good salary" and prospects for career advancement,
Brammertz might be persuaded to stay on.

Obtaining International Consensus


5. (C) Rizk gave us a readout of his meeting with Russian
Ambassador Boukin in which the latter expressed a strong
interest in the case. Rizk took this as a sign that the
Russians were monitoring tribunal developments on Damascus'
behalf and that they may be in a position to give assent. He
asked us to consult closely with the Russians and other
permanent Security Council members as soon as the Council of
Ministers approves the draft to ensure there are no UNSC
holds on the tribunal. The Ambassador assured Rizk that we
will consult but that no further Security Council resolution
or action is required to launch the tribunal.
FELTMAN