LEBANON: RIZK ON GOL SUING ISRAEL, ELECTORAL LAW

C O N F I D E N T I A L SECTION 01 OF 04 BEIRUT 003195 SIPDIS SIPDIS NSC FOR ABRAMS/DORAN/MARCHESE/SINGH E.O. 12958: DECL: 10/03/2026 TAGS: KCRM PREL PTER LE GM SY IS SUBJECT: LEBANON: RIZK ON GOL SUING ISRAEL, ELECTORAL LAW REFORM, AND THE UNIIIC TRIBUNAL REF: A. USUN 1899 ¶B. STATE 166376 Classified By: Ambassador Jeffrey D. Feltman for reasons 1.4 (b) and (d ). SUMMARY AND COMMENT -------------- ¶1. (C) Over lunch with the Ambassador and econoff on 10/2, Justice Minister Charles Rizk shared an e-mail (full text in para 6 below) sent by UN/OLA to his staff suggesting changes in the draft statute for the special tribunal on the Hariri assassination. The e-mail notes that UN/OLA had dropped the "crimes against humanity" article and was considering new formulations on other points. (We find particularly attractive a proposed sentence on crimes beyond December 2005 that does not commit the tribunal to anything without UNSC consent but could nevertheless serve as a deterrent.) If, as the French suggested to USUN (per ref a),a new draft statute exists, the Lebanese do not have it. Rizk told the Ambassador by phone on 10/4 that the Lebanese have not yet responded to the questions posed by UN/OLA but would do so today or tomorrow. On other topics, Rizk also reported on the 10/2 Lebanese cabinet meeting, which authorized him to "sue" Israel for crimes committed during the July-August conflict. That cabinet meeting also took up Prime Minister Siniora's trip to address the EU Parliament, Siniora's meeting with German Chancellor Merkel, and GOL efforts to improve public awareness of reconstruction efforts. Rizk also discussed his hope for electoral reform. End Summary and comment. DRAFT STATUTE ON TRIBUNAL -------------- ¶2. (C) Refs A and B suggest that UN/OLA has revised the statute for a the special tribunal of international character to be set up to try suspects in the murder of Rafiq Hariri. Hosted by the Ambassador to lunch on 10/2, Rizk shared an e-mail (see text in para 6 below) sent by the UN Office of Legal Affairs (OLA) in New York to Judges Chukri Sadr and Ralph Riachi, the two Lebanese jurists negotiating the text with Nicolas Michel and his UN/OLA staff. While this e-mail suggests textual amendments of the proposed statute, it is not a complete draft. Contacted by the Ambassador by phone on 10/4, Rizk confirmed that neither he nor his judges have received a complete draft. He expected that the Lebanese would forward answers to UN/OLA's questions "today or tomorrow." ¶3. (C) Rizk expressed satisfaction with the changes proposed in the UN/OLA e-mail. The elimination of the previous Article 3, "crimes against humanity," would help win cabinet approval, he though, while the hoped-for cancellation of any presidential immunity could be handled by other means. Concerned about deterring future attacks, Rizk approved proposed language responding to one UNSC member's question on allowing the tribunal -- with the approval of the parties (UN and Lebanon) and the consent of the UNSC -- to consider the inclusion of crimes beyond December 2005. ¶4. (C) In terms of timing, Rizk expects to have an official text -- not just an e-mail -- within 10 days, at which point he will show the text to PM Siniora, Speaker Berri, Telecom Minister Hamade, Saad Hariri, and Walid Jumblatt. If they have no major objections, Rizk will ask for Siniora's public approval before taking the text to the cabinet. Rizk opposes Marwan Hamadeh's idea of having the text before the cabinet twice, once for approval "in principle" and one to approve submitting an actual text to the parliament. Such a strategy is too risky, Rizk said, arguing that one final approval by the cabinet is the better approach. ¶5. (C) Rizk is eager to enact the tribunal now, not because the case is ready for trial, but because he is anxious to designate a prosecutor. He hopes that UNIIIC Commissioner Brammertz will agree to stay on if he is assured of becoming the prosecutor. He is also eager to get agreement on the tribunal before next December, when the next Brammertz report is due, as he expects the next report will be "more damning." BEIRUT 00003195 002 OF 004 ¶6. (C) The e-mail from the UN OLA's follows below. Begin Text: Dear Judges, The results of the informal consultations conducted with Members of the Security Council have clearly shown that while there is a general agreement for the inclusion of the 14 other related terrorist attacks within the jurisdiction of the Tribunal, there is no support for the inclusion of crimes against humanity. We have, accordingly, revised the Statute to include within its subject-matter jurisdiction only crimes under the national laws of Lebanon. In revising the Articles on the jurisdiction of the Tribunal, we have also revised a number of other provisions throughout the Statute, on which we would appreciate your views, comments and suggestions. The Articles referred to in this Note, unless otherwise indicated, are those contained in the 28 September draft. a. Article 1 on the jurisdiction of the Special Tribunal is now more explicit on the series of terrorist attacks falling within the jurisdiction of the Tribunal, beginning on October 1 and ending on 12 December 2005. One Member State has suggested that the temporal jurisdiction of the Tribunal be left open-ended in order to ensure that related crimes committeed after 12 December will not go unpunished. At the end of the paragraph we added, therefore, the words "or on any later date decided by agreement of the Parties and the consent of the Security Council." b. Article 2 omits any reference to the Arab Convention and now includes only crimes under Lebanese law. We would appreciate your views on what other "lesser crimes" under the Lebanese Penal Code might be included in Article 2 of the Statute. c. Old Article 3 on crimes against humanity is omitted. d. New Article 3 on principles of individual criminal responsibility. The word "individual" was deleted throughout the Article. In paragraph 1, the words "in accordance with general principles of international law" were deleted. Paragraph 4 which refers to the principles applicable under Lebanese law is deleted also since it is now self-evident that only those principles are applicable. At the same time, however, we wonder whether the principles established in paragraphs 2 and 3 could be considered also principles of criminal responsibility under Lebanese Criminal Code and thus be retained in the text. In this connection, we would like your views on whether the following immunity clause would be acceptable: "The official position of any accused persons (whether as Head of State or Government or as a responsible official) shall not relieve such person of criminal responsibility nor mitigate punishment." e. Article 4 on concurrent jurisdiction - in paragraph 3(a),a second line, the date 31 December 2005 is changed to 12 December. f. Article 5 on non-bis in idem, in paragraph 2, third line, the word "international" has been square-bracketed. It should now read: "were designed to shield the accused from criminal responsibility." g. Article 9, paragraph 2. with the omission of crimes against humanity from the jurisdiction of the Tribunal, it is questionable whether competence in "international law, including international criminal law and human rights law" would still be required for the appointment of judges. These words are now inserted in square-brackets. h. Article 26 on appellate proceedings. In paragraph 3, the reference to decisions of the Appeals Chambers of the ICTY and ICTR has been omitted. The revised paragraph would now read: "Judges of the Appeals Chamber shall be guided by the BEIRUT 00003195 003 OF 004 decisions of the Court of Cassation of Lebanon." i. Article 28, paragraph 2. We have maintained the reference to the international Rules of Procedure and Evidence which now may be appropriate only in part. We would appreciate your views on any and all of the above-mentioned provisions and any other suggestions you may have. Best regards, Larry D Johnson UN/OLA End Text. AUTHORIZED TO SUE ISRAEL -------------- ¶7. (C) Discussing the cabinet meeting he had attended immediately prior to the Ambassador's lunch, Rizk reported that he asked for and received authorization to pursue a lawsuit against Israel for crimes committed during the July and August conflict. He has little expectation of a financial reward, and -- questioned by the Ambassador about the self-destructive and futile nature of such a request -- recognized that he runs the risk that Israel will counter with a suit asking Lebanon for damages, on the basis that Hizballah's kidnapping of Israeli soldier provoked the action and Hizballah intentionally targetted civilians. Rizk views the suit as a "public relations" effort and a psychological ploy; he plans to find a "celebrity" lawyer to take on the case, even though he expects results. (Comment: It is dismaying to see someone who has played such an unexpectedly constructive role on the UNIIIC and tribunal embrace a populist, public relations stunt that will only annoy people Lebanon should have as friends now. It was perhaps inevitable that the cabinet would authorize such a move, but we will work to see if the proposal can be quietly shelved. End comment.) READOUT FROM SINIORA'S TRIP TO BERLIN -------------- ¶8. (C) The Council of Ministers also discussed Siniora's recent address to the EU Parliament and the Prime Minister's two hour bilateral meeting with Angela Merkel in Germany. Rizk, who was part of the official party to Germany and Strausbourg, was quite pleased that Siniora "was treated like a head of state." German officials apparently asked Siniora "how they could help (Lebanon) with the Syrians," which the Lebanese interpreted as a sign of German friendliness. ¶9. (C) The Lebanese delegation also talked to the Germans and other EU partners about Iran. Rizk predicted that between six months and two years from now, the international community would have to "sit down with the Iranians to make an arrangement." The EU will not support a war between the United States and Iran, Rizk said, but it will assist with U.S.-Iran negotiations. RECONSTRUCTION -------------- ¶10. (C) Reconstruction was also high on the cabinet's agenda. Apparently aware of strong concerns that Siniora's refusal to delegate reconstruction authority is slowing the process and leaving the GOL open to criticism, Minister of Social Affairs Nayla Mouawad had suggested at the October 2 cabinet meeting that the GOL issue daily communiques on reconstruction progress as a publicity counter-offensive against Hizballah and Aoun criticism. APPOINTMENT OF JUDGES -------------- ¶11. (C) Rizk's said his major task this week is rectify the confessional allocation of two senior judges awaiting appointment. Apparently the committee of judges who made the recommendations mistakenly nominated a Shia for a Druze-designated slot, and intentionally tried to place a Greek Catholic in a traditionally Maronite slot. While the BEIRUT 00003195 004 OF 004 community of judges elects a slate to fill senior judicial positions, the appointments require approval from the Minister of Justice, Prime Minister, Minister of Defense, and the President. Seven of 10 judges may veto any ministerial denial of their slate, indicating some level of judicial independence. ELECTORAL REFORM NEEDED TO DECONFESSIONALIZE, DEMOCRATIZE -------------- ¶12. (C) Rizk expressed frustration several times at President Lahoud's obstructionist behavior, which means as a practical matter that the Cabinet and Parliament must unanimously on any decision or face the possibility that Hizballah could leae the government. "We need to go beyond a confessional system by means of an electoral law" that would help Lebanon transition to a "real" parliamentary system rather than a confessional system, Rizk said. "This is becoming an obsession with me." ¶13. (C) Rizk was also frustrated with heightened sectarian tensions. He cited a street conflict on Saturday night that may have started as a personal dispute but has taken on sectarian and political overtones as the two groups of participants were apparently pro-Hariri and pro-Berri. Rizk commented, "why are we (the LAF and UNIFIL) in Naqoura if we can't control Beirut?" COMMENT -------------- ¶14. (C) If, as Ref A suggests, there is a complete new draft statute on the special tribunal, Rizk does not have it. In fact, it appears from the e-mail text (in para 6 above) that the ball is in the GOL's court to respond to a few questions -- which Rizk insisted the GOL will do today or tomorrow. We are intrigued by the language on how to deal with crimes after December 2005. The language in the UN/OLA e-mail would prevent the tribunal from being open-ended while also -- we hope -- providing some deterrent effect. As for the question of whether the tribunal is submitted before the cabinet only once or twice (the first time "in principle" only),the cabinet seems divided. We expect that, in this case, the Hariri family view will have a large impact on Siniora's thinking. Marwan Hamadeh -- a primary proponent of the two-submission approach -- told us separately that he plans to have Nazek Hariri, Rafiq's widow, call Rizk to encourage the two-submission approach. With his presidential ambitions never far below the surface, Rizk will certainly take Nazek's views seriously. FELTMAN