LEBANON: GOL MOVING QUICKLY ON SPECIAL TRIBUNAL

C O N F I D E N T I A L SECTION 01 OF 02 BEIRUT 000860

SIPDIS

SIPDIS

NSC FOR ABRAMS/SINGH/MARCHESE/HARDING

E.O. 12958: DECL: 06/13/2017
TAGS: PGOV PREL UNSC AA
SUBJECT: LEBANON: GOL MOVING QUICKLY ON SPECIAL TRIBUNAL

REF: A. BEIRUT 858

B. BEIRUT 820

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


1. (U) This is an action request. Please see paragraph 10.


2. C) SUMMARY: The Lebanese government is moving quickly on
steps it must take to start the UN Tribunal. Minister of
Justice Charles Rizk told the Ambassador June 14 that the GOL
will submit to the UN Legal Adviser a list of twelve
potential Lebanese judges for the Special Tribunal on June

18. The UN picks four of these; the GOL will identify its
favored four. The GOL also is moving forward with
nominations for the deputy prosecutor position and has
earmarked USD 10 million for the Lebanese share of the first
year of the Tribunal's costs. On venue, Rizk said the
Cabinet has ruled out Cyprus and Malta and is still
considering other sites. Rizk lamented the fact that the UN
Office of Legal Affairs is, in his view, moving more slowly
on Tribunal preparations and asked for USG assistance to push
it. Rizk also expressed serious concerns that the Eido
assassination (Ref A) would lead to Sunni retaliation and an
end to discussions of a national unity government. End
summary.


3. (C) In a June 14 lunch with the Ambassador, DCM, and
Pol/Econ Chief at his residence in Beirut, Minister of
Justice Charles Rizk said the GOL would forward its proposed
list of 12 Lebanese judges for the Special Tribunal to the UN
on Monday, June 18. The list would be comprised of six
Christians and six Muslims. Noting that PM Siniora had
approved the action and that the list does not need cabinet
approval, Rizk said Ralf Riachi and Choukri Sadr, the two
judges who had negotiated the tribunal agreement with UN/OLA,
would head the list. He said the he will specify to UN Legal
Advisor Nicolas Michel the four among the twelve nominees
that the GOL prefers that the UN select. Rizk expressed
indifference regarding which capacity the four served, but
noted that usually the most senior judges are reserved for
the appellate court. When asked about why Sadr -- who had
previously refused to allow himself to be nominated -- had
changed his mind, Rizk said that he, more than Sadr, was
committed to Sadr's inclusion.


4. (C) It is critical that the Legal Advisor act quickly once
he receives the Lebanese list, Rizk said, not only to show
momentum for the Tribunal, but also because there will be a
need to provide physical protection to those named. It is
easier to provide protection for four than for twelve.
Arguing that the judges will face severe risk, Rizk urged the
UN provide protection similar to that afforded UN Special
Envoy for Lebanon Geir Pedersen


5. (C) Rizk also indicated he would not wait for the UN to
appoint the Prosecutor but would move now to propose two
candidates for the position of Deputy Prosecutor for the
Tribunal -- probably Joyce Thabet, a well-respected Christian
judge who is eager to have the position (and who is close to
Defense Minister Elias Murr, himself the target of an
assassination attempt),and another Muslim prosecutor. PM
Siniora would let the UN choose from those two without
further consultation with the GOL, to speed the process.
Unlike the nomination of the 12 judges, the nominations for
the deputy prosecutor would need cabinet approval. However,
disagreeing with PM Siniora (Ref B),Rizk did not believe the
GOL needed to wait until the UN appoints the primary
prosecutor before proposing a deputy. Rizk agreed to press
his UN contacts to appoint the primary prosecutor as soon as
possible.


6. (C) According to Rizk, Michel had told him the Tribunal
would require USD 20 million for the first year, which Rizk
considered too low -- even USD 30 million was not enough. He
agreed with the Ambassador that Lebanon should be the first
to contribute, stating that Siniora had already earmarked USD
10 million. As Siniora was taking the money from a
previously budgeted contingency fund, no parliamentary action
was needed.


7. (C) As for venue, Rizk said the cabinet had discussed
various options and rejected two: Cyprus (where Socialist
Progressive Party leader Walid Jumblatt reportedly had
concerns about Syrian interference) and Malta (similar
concerns about the Libyans). Other sites are still being
discussed.

BEIRUT 00000860 002 OF 002




8. (C) Rizk commented that UN/OLA chief Michel was, in his
view, procrastinating on setting up the Tribunal. Michel had
told him that the Tribunal would not be up and running before
February or March of next year. If we don't push the UN,
Rizk said, it could take years before the Tribunal is
operational. Unfortunately, former Legal Advisor to Rafiq
Hariri and former Minister of Justice Bahije Tabbarah, still
smarting from the Hariris' decision to choose Siniora
(Hariri's former financial advisor) over him as prime
minister, also was advocating a slower pace, reportedly
arguing against nominating the 12 judges now. The Ambassador
urged the GOL to move quickly, which Rizk said was "music to
his ears." He planned to meet with Siniora later that
evening to discuss the matter further.


9. (C) Rizk, who several times during the course of the lunch
lamented his de facto near state of house arrest ("to have
fun I have to leave the country") due to security concerns,
said he had no doubt the Syrians were behind the June 13
assassination of MP Walid Eido. The assassination probably
also spelled an end to efforts to form a national unity
government, since "no one wants to meet with people who are
plotting to kill you." Rizk feared the bombing would lead to
Sunni retaliation; Saad Rafiri's community wants revenge, he
argued, but doesn't have the Syrians apparatus. In any case,
he continued, Hariri is a "civilized man," unlike Lebanese
Forces leader Samir Geagea, an "expert in extermination." In
response to the Ambassador's suggestion that an early
start-up of the Tribunal could help send the Syrians a clear
message, Rizk agreed, saying, "I hope you can do more."

10 (C) Comment and action request: Just as IO A/S Silverberg
urged during her Beirut trip last week, the Lebanese seem to
be moving quickly in finishing their tribunal homework.
Rizk's sense of urgency is consistent with what we have heard
from PM Siniora. Walid Eido's murder is a reminder of why we
should act quickly: if murders or defections eliminate the
March 14 majority, then Siniora's cabinet could fall, with
tribunal establishment grinding to a halt. The same thing
could happen with any cabinet expansion where the March
8-Aoun forces get a blocking minority. Thus, we applaud the
GOL's apparent (and unusual) haste. Rizk is also right to
fear for the proposed judges' safety once their names leak
(as they inevitably will). We there recommend, especially in
light of the assassination Eido, that the Department and USUN
urge UN/OLA to move immediately upon receiving the list of
nominees from the GOL to choose the four, reducing the
threats to the others. We also hope that, with the GOL
apparently ready with funding, the UN will soon open the
tribunal account and move quickly to name the proscutor who
will choose a deputy prosecutor from the two names the GOL
will submit. Any rapid progress on tribunal establishment
will help reassure the Lebanese who are more deeply worried
than ever this week that people are still getting away with
murder. End action request.
FELTMAN