DEMARCHE REQUEST: ENCOURAGING CONTRIBUTIONS TO

C O N F I D E N T I A L SECTION 01 OF 02 STATE 129919

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/06/2017
TAGS: UNSC LE PTER
SUBJECT: DEMARCHE REQUEST: ENCOURAGING CONTRIBUTIONS TO
THE SPECIAL TRIBUNAL FOR LEBANON

Classified By: James Warlick, Acting, for reasons 1.4 (b) and (d).


1. (U) This is an action request. Please see paragraphs
2 and 3.


2. (U) Department requests Posts encourage host
governments to make a financial contribution to the
Special Tribunal for Lebanon charged with trying those
responsible for the assassination of former Lebanese Prime
Minister Rafiq Hariri. The U.S. would like the UN to
operationalize the Tribunal quickly; however, the
agreement establishing the Tribunal requires the UN to
meet a significant funding threshold in order to begin the
process. We will announce a U.S. contribution shortly and
would like to encourage other countries to do the same.
Ambassadors (or COMs) should use their discretion in
determining whether and at which level it is appropriate
to deliver this demarche given host government's means and
interests. (Note: The Government of the Netherlands has
agreed to host the Tribunal and is, therefore,
particularly interested in this issue. If the Government
of the Netherlands is represented in host country, COM
should let the Dutch know that we are delivering this
demarche and can offer to conduct a joint demarche at
Post's discretion. End note.) Please draw from the
background material in paras 5 - 8 below when preparing
talking points.

3. (U) Department requests Posts pursue the following
objectives:

-- Note that the UN has established a budget for the
Special Tribunal for Lebanon and has informed the Security
Council that it will be contacting Member States shortly
to solicit contributions for the Special Tribunal for
Lebanon.

-- Note the U.S. will announce our significant
contribution to the Tribunal soon.

-- Encourage host country to make a contribution, noting
even small amounts would be appreciated.

-- If raised: Underscore the importance of the
international community supporting the Lebanese people's
quest for justice despite the controversy surrounding the
establishment of the Tribunal.

-- For Embassy The Hague: Please express U.S.
appreciation for agreeing to host the Tribunal and inform
the GON that we are delivering this demarche.


4. (U) Reporting deadline: Posts should report the
results of this demarche to IO/UNP by September 21.
Please info USUN New York on responses.


5. (U) Background: The assassination of former Lebanese
Prime Minister Rafiq Hariri on February 14, 2005, led to
widespread protests in Lebanon and the withdrawal of
Syrian troops from Lebanon in April 2005. At the
Government of Lebanon's request, the UN established the UN
Independent International Investigation Commission
(UNIIIC) and worked with Lebanese officials to negotiate
the statute for the Tribunal to try those responsible for
the assassination. Approval of the Tribunal became a key
element in political tension in Beirut, which pitted PM
Siniora and his March 14 allies (the Saad Hariri faction)
against the pro-Syrian Hizballah-Aounist Alliance. The UN
and the Lebanese Cabinet approved the Tribunal Agreement
and Statute; however, Hizballah and Syrian sympathizers
prevented the Lebanese Parliament from convening to ratify
the Agreement.


6. (U) Background continued: After a majority of
Lebanese parliament members expressed their desire to see
the Tribunal established by UN action, the UN Security
Council adopted UN Security Council resolution 1757
(2007),under which the provisions of the Tribunal Statute
and Agreement entered into force on June 10, 2007. UNSC
resolution 1757 received ten supporting votes (U.S., UK,
France, Slovakia, Belgium, Italy, Ghana, Congo-B, Panama,
and Peru) and five abstentions (Russia, China, South
Africa, Qatar, and Indonesia). The five abstaining
countries expressed concern about the legal basis of the
resolution, that UN action could lead to civil war in
Lebanon, and the perception the UN was choosing sides in
Lebanese internal politics.


7. (U) Background continued: The Agreement provides

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that fifty-one percent of the Tribunal's expenses will be
borne by voluntary contributions from States, and
forty-nine percent by the Government of Lebanon. A
September 4 report by the Secretary General estimates that
the Tribunal will require a budget of $35 million for the
first year of its operations, $45 million for the second
year, $40 million for the third year and, if a second
Trial Chamber is added, an additional $8 million per
year. The Secretary General has indicated that he will
not commence the process of establishing the Tribunal
until he has sufficient contributions in hand to finance
the establishment of the Tribunal and twelve months of its
operations plus pledges equal to the anticipated expenses
of the following 24 months of the Tribunal's operation.
On July 26, 2007, the UN Secretariat created a trust fund
to receive contributions for the establishment and
activities of the Special Tribunal. The UN expects to
send shortly a letter to Member States inviting them to
contribute to the trust fund.


8. (C) Background continued: The U.S. expects to
announce a contribution of $5 million for the first year
and intends to identify at least an additional $20 million
over the next few years. However, the latter figure may
change given the higher than expected estimates of the
cost of the Tribunal. We understand that the Government
of Lebanon will be making its contribution to the Tribunal
by the end of September.


9. (U) Point of Contact: Please contact Anneliese
Reinemeyer, IO/UNP, at (202) 647-0046 or in the GAL for
additional background as necessary.
RICE