UN LEGAL COUNSEL BRIEFS ON LEBANON SPECIAL COURT

UNCLAS USUN NEW YORK 000613 SIPDIS SIPDIS E.O. 12958: N/A TAGS: KCRM LE PGOV PREL UNSC SUBJECT: UN LEGAL COUNSEL BRIEFS ON LEBANON SPECIAL COURT ¶1. Nicolas Michel, UN Under-Secretary General for Legal Affairs, briefed Security Council members March 23 on the status of preparations for a Lebanese Special Court. The briefing followed the release on March 21 of the Secretary General's Report (S/2006/176) on efforts to assist the Government of Lebanon to identify the nature and scope of assistance needed to try those responsible for the attack that killed former Prime Minister Hariri and others. Michel referred to the main elements covered by the report: the "founding instrument" for the tribunal, jurisdiction, applicable law, composition and costs. He emphasized that discussions with the Lebanese have been carried out in parallel with the International Independent Investigation Commission (UNIIIC) investigation, the results of that investigation will be used and phasing in the Tribunal activities would make operational sense. ¶2. Following Michel's comments, the French Permanent Representative introduced, on behalf of the P3, the text of a draft resolution (para 5) that would authorize the UN to negotiate an agreement establishing a "tribunal of an international character". Amb. de la Sabliere stressed that there is a consensus in Lebanon that international assistance is needed. He said the Tribunal should be "as Lebanese as possible and as international as required". He noted that the guidelines in the Report would provide a good basis for negotiation. De la Sabliere urged quick action so that the resolution could be adapted at the beginning of next week and asked Michel whether an additional agreement would be needed with the country hosting the trial? ¶3. Initial reactions of other Council members were generally positive. Greece, Japan, Russia, Slovakia, Peru, and Argentina indicated that the Court's jurisdiction should be restricted to the terrorist attack that killed Hariri. While many expressed support for voluntary funding (Tanzania, Russia, China, Peru),Denmark stated a preference for financing through assessed contributions citing the "chronic financial problems" of the Sierra Leone Special Court. ¶4. Congo noted that the proposal is very acceptable because it would be assisting Lebanon and Qatar signaled their willingness to be co-operative in order to achieve agreement on the resolution. Michel predicted that they could work quickly to establish the basis of agreement for the Tribunal since their previous discussions with the Lebanese legal team had been in depth. He again referred to a sequential approach and said it may be necessary to establish the Office of the Prosecutor first. In response to Argentina's admonition to avoid the death penalty, Michel noted that on that point the agreement would follow previous UN practice in establishing tribunals. ¶5. The French convened consultations on March 24 to begin discussion of the following draft: Begin text: Draft - 23/3/06 Draft resolution following the SG's report on a tribunal of an international character The Security Council, PP1. Recalling all its previous relevant resolutions, in particular resolutions 1595 (2005) of 7 April 2005, 1636 (2005) of 31 October 2005 and 1644 (2005) of 15 December 2005, PP2. Reiterating its call for the strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon. PP3. Mindful of the demand of the Lebanese people that all those responsible for the terrorist bombing that killed former Lebanese Prime Minister Rafiq Hariri and others be identified and brought to justice. PP4. Recalling the letter of the Prime Minister of Lebanon to the Secretary-General of 13 December 2005 (S/2005/783) requesting inter alia the establishment of a tribunal of an international character and recalling its request to the Secretary-General in its resolution 1644 (2005) to help the SIPDIS Government of Lebanon identify the nature and scope of the international assistance needed in this regard, PP5. Having examined the report of 21 March 2006 submitted by the Secretary-General pursuant to paragraph 6 of resolution 1644 (2205) (S/2006/176),and welcoming the common understanding achieved between the Secretariat and the Lebanese authorities on the key issues regarding the establishment and the main features of a possible tribunal, PP6. Willing to continue to assist Lebanon in the search for the truth and in holding all those involved in the attack accountable for the crimes committed, OP1. Welcomes the report of the Secretary-General, and requests him to negotiate an agreement with the Government of Lebanon aimed at establishing a tribunal of an international character taking into account the recommendations of his report; OP2. Acknowledges that the adoption of the legal basis of, and framework for, the tribunal, would not prejudice the gradual phasing-in of its various components and would not predetermine the timing of the commencement of its operations, which will depend on the progress of the investigation; OP3. Requests the Secretary-General to submit in a timely manner for the consideration of the Council a report on the implementation of this resolution, in particular on the draft agreement negotiated with the Lebanese Government, including options for a funding mechanism appropriate to ensure the continued and effective functioning of the tribunal. OP4. Decides to remain seized of the matter. End Text BOLTON