Identifier
Created
Classification
Origin
06BEIRUT3673
2006-11-20 16:22:00
CONFIDENTIAL
Embassy Beirut
Cable title:  

LEBANON: BRAMMERTZ WILLING TO EXTEND, BUT ONLY

Tags:  PREL PGOV LE 
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PP RUEHAG RUEHBC RUEHDE RUEHKUK RUEHROV
DE RUEHLB #3673/01 3241622
ZNY CCCCC ZZH
P 201622Z NOV 06
FM AMEMBASSY BEIRUT
TO RUEHC/SECSTATE WASHDC PRIORITY 6598
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHNO/USMISSION USNATO 0552
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHEHNSC/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 BEIRUT 003673 

SIPDIS

SIPDIS

NSC FOR ABRAMS/DORAN/MARCHESE/HARDING

E.O. 12958: DECL: 11/20/2016
TAGS: PREL PGOV LE
SUBJECT: LEBANON: BRAMMERTZ WILLING TO EXTEND, BUT ONLY
ANOTHER SIX MONTHS


Classified By: Ambassador Jeffrey Feltman. Reason: Sections 1.4 (b) a
nd (d).

SUMMARY
-------

C O N F I D E N T I A L SECTION 01 OF 02 BEIRUT 003673

SIPDIS

SIPDIS

NSC FOR ABRAMS/DORAN/MARCHESE/HARDING

E.O. 12958: DECL: 11/20/2016
TAGS: PREL PGOV LE
SUBJECT: LEBANON: BRAMMERTZ WILLING TO EXTEND, BUT ONLY
ANOTHER SIX MONTHS


Classified By: Ambassador Jeffrey Feltman. Reason: Sections 1.4 (b) a
nd (d).

SUMMARY
--------------


1. (C) UNIIIC Commissioner Serge Brammertz is willing to
stay in his present position for six more months, assuming UN
and ICC agreement. He hopes to aid in a smooth transition
for the new prosecutor. His December report will not be
startling, and to date he has found no smoking gun. Syrian
cooperation remains generally satisfactory. He plans to
develop a reading of the political context at the time of the
Hariri assassination through numerous interviews, and he
asked for help in finding the right interview subjects. End
summary.

BRAMMERTZ WILL AGREE TO STAY ON
--------------


2. (C) UNIIIC Commissioner Serge Brammertz met with the
Ambassador and Emboff on November 17 to provide an update on
the status of the investigations, as well as of his own
situation. When he was asked to agree to yet a second
extension of his original six-month mandate, Brammertz
clearly did a great deal of soul searching. This final
extension, until June 2007, would make his return to the
International Criminal Court (ICC) "very problematic," he
said. However, he had been asked by UNSYG Kofi Annan two
weeks ago to extend in order to provide continuity and
prevent any problems with the establishment of the tribunal.
In addition, both the British and the French, in meetings
with Brammertz, agreed that it would be a bad moment to
leave. The USG was passing on the same message. Brammertz
said that he is "more or less" adjusted to the idea of
staying.


3. (C) Brammertz wants to have an initial "frank discussion"
with incoming UNSYG Ban Ki-moon, which he hopes to accomplish
when he is in New York the week of November 20. If agreed,
then Brammertz wants the UN to send a formal written request
for his extension to the Costa Rican Minister of Foreign
Affairs Bruno Stagno, who is the current head of the ICC
General Assembly of State Parties, which meets November 27 in
The Hague. If approved, Brammertz would only agree to a
final six-month extension, which would almost certainly mean

that he would need to find a new position, as returning to
the ICC would be unlikely. While he did not want to
"negotiate his future" at this point, he might request U.S.
support in finding another UN job in 2007.

FROM COMMISSIONER TO PROSECUTOR
--------------


4. (C) Brammertz' goal in staying would be to ensure that
the tribunal is established seamlessly, although he believes
that the investigation will not be concluded by that time.
He envisages a scenario in which the prosecutor will be
selected, and will serve as a "prosecutor-elect," taking over
the UNIIIC from Brammertz in the interim. Rather than moving
through more than one commissioner, this would make possible
a single transition, and allow Brammertz to work behind the
scenes to smooth the path.


5. (C) After a long hesitation, Brammertz said that while he
was disappointed in the draft for the tribunal -- "they could
have achieved more" -- he said it could have been worse.
"It's a pragmatic compromise we can live with," he said, and
a more moral, ethical solution would not have been accepted.
He stated that he would be interested in an academic
comparison between this and documents related to other
special tribunals.

UPCOMING REPORT NOT A "BIG BANG"
--------------


6. (C) The new UNIIIC report, expected in December, will not
be sensational, and Brammertz believes that at this time it
would not in any case be a good idea to have a report that
favored either side. The report will link six targeted
attacks, but there are no unexpected links to Syria. There
will be a lot of information on Islamic fundamentalist
groups, but they are still viewed as a "tool" rather than the
brains behind the attacks. One of the outcomes of the
investigation is the need to understand the political
context, so Brammertz plans to interview journalists,

BEIRUT 00003673 002 OF 002


politicians and diplomats, among others, to document the
political situation at the time. He asked for USG help, as
he has asked other embassies, in identifying those who might
be of interest. These will be formal interviews, or if that
is not possible, a few hours of informal talk. No names are
expected to be disclosed, although if a formal statement goes
to the tribunal, individuals might be asked by the judge at a
later date to explain further. Brammertz believes that
everything is linked to the political context, and in the
worst case scenario -- no hard evidence -- this will be
important. These interviews will not be a part of the
December report. Brammertz made it clear that he hopes
Ambassador Feltman will agree to the interview request as
well as guide Brammertz to other USG officials.

INVESTIGATION SOUND BITES
--------------


7. (C) Brammertz continues to confirm a sense that some of
the targeted journalists had "clearly all crossed the line"
-- hinting he meant a red line set by Syria -- at some point.
He does not personally subscribe to the "plot of the four
generals," although he hears one name, Jamil as-Sayyid, more
often, but still with no evidence. He wonders why there are
no really good witnesses, but speculates that this is because
there has been no regime change in Syria. At this point he
is unwilling to interview Syrians, preferring to wait for
more hard knowledge.

FELTMAN