LEBANON: JUSTICE MINISTER RIZK LOOKS AHEAD ON

C O N F I D E N T I A L SECTION 01 OF 03 BEIRUT 000813

SIPDIS

SIPDIS

NSC FOR ABRAMS/SINGH/MARCHESE/HARDING

E.O. 12958: DECL: 05/29/2017
TAGS: PGOV PREL LE SY
SUBJECT: LEBANON: JUSTICE MINISTER RIZK LOOKS AHEAD ON
TRIBUNAL


Classified By: Ambassador Jeffrey D. Feltman for reasons 1.4 (b) and (d
).

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


1. (C) Visiting Assistant Secretary for International
Organizations Kristen Silverberg and the Ambassador on June 5
discussed upcoming issues regarding the Special Tribunal for
Lebanon with Minister of Justice Charles Rizk. Fully
supportive of A/S Silverberg's argument to make progress on
making the tribunal operational as soon as possible, Rizk
expects the list of proposed Lebanese judges to be completed
within ten days. He also did not see a problem with Lebanon
fulfilling its initial funding obligations or selecting a
deputy prosecutor. Rizk expressed little preference for the
court's location. Rizk hopes that the tribunal will spark
wider judicial reform in Lebanon. He offered his version of
the previous night's cabinet session, when Elias Murr
disputed the interpretation of the Nahr al-Barid fighting
offered by a security chief known to be close to Hizballah.
End Summary.

CONTINUING AT PACE
--------------


2. (C) In a meeting with visiting A/S for International
Organizations Kristen Silverberg and the Ambassador, Minister
of Justice Rizk was joined by Judges Choucri Sader and Andre
Sader (a cousin of Choucri). A/S Silverberg noted the need
to push ahead now on taking the steps that make the tribunal
operational. Agreeing, Rizk claimed the process of proposing
twelve Lebanese candidates to serve as tribunal judges --
from which the UN SYG will select four -- will be finished
"within ten days." Sader hesitated slightly before agreeing
to Rizk's proposed ten-day timeline. Sader assessed that the
UN was not expecting the proposed names of tribunal judges
from the Lebanese Government until August; Rizk described
this delayed time track as "unacceptable." He asked A/S
Silverberg to phone UN Undersecretary General for Legal
Affairs Michel to emphasize the importance of moving quickly
to make the tribunal a reality.


3. (C) Rizk also queried whether President Lahoud's signature
was necessary once the twelve judicial candidates are named.
Although Sader stated that presidential approval was not
required, Rizk believed this issue could potentially stall
the process. Rizk opined that even if Lahoud claims his
signature is required -- and then, as most likely would
happen, he refuses to sign the papers -- the process will
only suffer a brief setback. The constitution requires only
a two-week delay before the Cabinet could re-approve the
names, thus overriding the presidential veto.

TRIBUNAL JUDGES:
PERSONAL SAFETY AND JOB SECURITY
--------------


4. (C) Rizk planned to keep the names of the proposed judges
a secret as long as possible to maintain the candidates'
personal safety. Rizk agreed with the Ambassador's
suggestion to keep the time between the proposal of the
twelve candidates and the selection of four as short as
possible, to avoid added security for the extra eight. The
UN can only provide security once the final four judges are
selected and the tribunal is operational.


5. (C) A/S Silverberg, the Ambassador, and Rizk all agreed
that the final four judges must be composed equally of
Muslims and Christians. Sader explained that the agreement
between the GOL and the UN regarding post-tribunal job
security for the judges had fallen through. However, Sader
noted that protective measures had been included within the
language of the UN resolution; he was confident that concern
for follow-on employment would not present a problem for the
judges. A/S Silverberg agreed with Rizk that it is likely
that the details of judicial positions (such as salaries and
benefits) will be based on part on other models, such as the
UN's Special Tribunal for Yugoslavia. But she warned they
will not be identical, as different mechanisms were used to
establish the Special Tribunal.

TRIBUNAL LOGISTICS:
MONEY AND LOCATION
--------------


BEIRUT 00000813 002 OF 003



6. (C) On funding for the tribunal, Rizk maintained that
Prime Minister Siniora was confident Lebanon had adequate
funding for the first year of the tribunal's operation. Rizk
explained that a certain amount of money is set aside each
year -- as a type of discretionary fund -- and could be used
to fund the court. However, Sader and Rizk described what
they had heard as the proposed figure of 25 million dollars
per year for the court as not nearly adequate. The two put
the figure at closer to 60 or 75 million dollars, at least
for the first year. Silverberg cautioned them that the
figure could be higher but that what was important was to
fund the threshold amount for the first year, to get the
tribunal started.


7. (C) Rizk claimed to have no real preference regarding the
court's location. He said Cyprus was a good option for its
close proximity and also because establishing the court there
would be less costly than elsewhere. However, he explained
that many March 14 leaders disapprove of Cyprus because it is
so close to Syria. Regarding the possible negative publicity
surrounding setting up the court on a British base, Rizk
agreed it was a risk. Sader dismissed possible bad publicity
by saying such criticism would be ill-founded and inaccurate
since the court buildings would be ceded to UN authority.
Rizk mentioned Vienna and Italy as additional possibilities
and had no strong reaction to A/S Silverberg's reference to
Geneva and Istanbul.

FINDING A DEPUTY PROSECUTOR
--------------


8. (C) Referring to another Lebanese obligation regarding the
tribunal's operations, Rizk mentioned Justice Joyce Tabet,
the intermediary between the Lebanese Justice Ministry and
UNIIIC, as a top choice for the tribunal's deputy prosecutor
position. Tabet, a Lebanese national, is trilingual and
knows UN Undersecretary Legal Affairs Michel. Rizk said he
had a few names in mind if Tabet declined the position and
was confident he could find a suitable alternative.

ARRESTED GENERALS
--------------


9. (C) Rizk expressed concern regarding the four generals
still being held in prison in regard to the Hariri
assassination. He said Elias Eid, the judicial investigator
responsible for the arrests, was considering liberating "one
or two" of the generals. Rizk claimed Eid was being
pressured by Lahoud -- "my childhood friend" -- to release
the generals. Rizk assessed that if the UN released the
generals after taking over the tribunal portfolio -- and
thus, custody of the nine suspects arrested in regards to the
crimes -- there would be little fallout. However, Rizk
claimed that the release from custody of any of the generals
before the UN took jurisdiction would be "catastrophic"
politically. Rizk planned to advise Eid -- with whom the
Minister of Justice admitted to having little influence --
regarding the matter.

COURTING INTERNAL, EXTERNAL DETRACTORS
--------------


10. (C) Regarding the UNSC vote on the tribunal, Rizk
declared that "abstentions are better than vetoes," and
thanked A/S Silverberg and the Ambassador for all of the U.S.
assistance. Rizk believes the Lebanese should court those
UNSC members, particularly Qatar, who abstained from the
tribunal vote. Rizk tied Qatar's abstention to Arab Gulf
politics, assessing that Qatar withheld its vote only because
of strong Saudi Arabian support for the court. Rizk believes
Qatar's abstention can be used in Lebanon's favor; he claims
Lebanon can use the Qataris to pacify relations between
Beirut and Damascus. Rizk theorized that because Qatar can
move easily among other UN members opposed to the court, it
can use its influence with Damascus to improve Syrian
relations with Lebanon. Rizk said the real danger regarding
the tribunal lies in Damascus.


11. (C) Rizk then discussed a recent statement by Christian
opposition politician Suleiman Franjieh. Following the UNSC
vote establishing the Hariri court, Franjieh stated that
although the opposition had been against the court, now that
it was established, opposition forces should accept the court
as fact and give it a chance. According to Rizk (quoting
Franjieh statements we have not seen or found),Franjieh said
the tribunal performance could be a testament to whether the

BEIRUT 00000813 003 OF 003


court should, or should not, have been created. Rizk said
opposition leaders should be encouraged to give similar
statements that do not directly oppose the tribunal's work.

REPAIRING THE JUDICIARY
--------------


12. (C) Rizk and Sader described the Lebanese judiciary as
"in shambles" and expressed hope that a successful
international tribunal would spark wider judicial reform.
Rizk described his work to reshuffle 450 judges in the
Lebanese system as a "good effort" that was stifled by
Lahoud's refusal to sign the final papers. Lahoud's veto
paralyzed the Lebanese internal judiciary as he
simultaneously refused to cede power to the international
legal system on the Hariri tribunal.


13. (C) Rizk suggested highlighting Lebanon's precedent of
supporting courts with judges of mixed nationalities to
repair the state of the judiciary and garner support for the
Hariri tribunal. Rizk cited the prevalence of "mixed courts"
under the French mandate where French judges -- many of whom
had also served on the international stage -- worked with
local Lebanese judges. He suggested emphasizing this past
positive experience and revitalizing the framework for
current use.

TIDBITS FROM PREVIOUS NIGHT'S CABINET SESSION
--------------


14. (C) Rizk gave the Ambassador a readout of the previous
evening's "very interesting" Cabinet session in which an
argument arose between the Director General of the Surete
General Brigadier General Wafiq Jezzini and Defense Minister
Elias Murr regarding support for the LAF. According to Rizk,
the tussle began when Jezzini claimed the LAF would face an
easier situation if they enjoyed more political cover and a
political consensus. Murr was extremely angered by Jezzini's
comment and was, according to Rizk, "tough" with Jezzini (who
is known to be close to Hizballah). Jezzini was reportedly
scared by Murr's response and apologized three times for the
misunderstanding. In describing other ministers who spoke at
the session, Rizk said LAF Intelligence Director Georges
Khoury "spoke without being consistent," which Rizk indicated
was pro-forma for Khoury. Rizk also said Khoury lately has
been "ticklish" and easily made uncomfortable.


15. (C) This cable has not been cleared by A/S Silverberg.
FELTMAN