LEBANON: DUTCH SEEK IMMEDIATE DECISION ON BUILDING

UNCLAS USUN NEW YORK 001150 SIPDIS SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PREL PTER UNSC SY LE SUBJECT: LEBANON: DUTCH SEEK IMMEDIATE DECISION ON BUILDING REF: A. USUN 1138 ¶B. WILCOX/REINEMEYER EMAILS--12/10/07 ¶1. (SBU) BEGIN SUMMARY AND ACTION REQUEST: At the third meeting UN Legal Counsel Nicolas Michel hosted for major donors and potential donors to the Special Tribunal for Lebanon ("Tribunal") on December 10 (reftel),Dutch PermRep Majoor asked representatives of Lebanon, France, UK, Germany, and the United States to agree immediately to the terms under which the Dutch government would provide a building for the Tribunal. While they welcomed the Dutch proposal, Germany and the UK said they did not have instructions to agree, and Michel asked participants to advise him by noon on December 11 whether the UN can write the Dutch, on behalf of the donors to the Tribunal, to accept the Dutch offer. USUN seeks instructions to respond positively. END SUMMARY AND ACTION REQUEST. ¶2. (SBU) Under what the Dutch call their "best offer," the Dutch have offered the Tribunal use of a building that the Dutch Intelligence and Security Service will vacate at the end of the year (ref B). The Dutch would pay the full rent for the building (3.4 million Euros per year) for a maximum of six years, as well as the cost of external security for the building. Implicit in acceptance of this donation would be the Tribunal's agreement to pay the cost of preparing the building for use for the trial. Dutch PermRep Majoor explained that the Dutch need donors' immediate agreement to their proposal so their Cabinet can bless it, as well as the draft Headquarters Agreement, at a December 21 meeting. ¶3. (SBU) The UN has inspected the building twice and has determined that it is in good condition and suitable in all aspects, although it lacks a courtroom and holding cells (ref B). Under the Dutch proposal, the Tribunal would have to pay for any adjustments to the facilities, including the costs of building a courtroom and holding cells, and would cost either USD 10 million or USD 16.4 million. The Tribunal also would cover all operating costs, which would cost USD 1 million per year. The UN confirmed that the cost figures would be in addition to the USD 35 million in set-up and other costs projected for the first year of the Tribunal's operations. The UN said the annual operating costs compare favorably with the operational costs of the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Court. The building has 17,500 square meters of usable space, as opposed to the ICTY, which has 19,883 square meters of usable space. The ICTY pays 2.65 million Euros in rent for its facility per year. ¶4. (SBU) The UN said donors do not have to make an immediate decision between the two packages for upgrading the facility, though they would need to do so soon. The minimum proposal, which would include constructing the courtroom and holding cells, increased security measures (one perimeter fence and security for the holding cells),and limited other modifications to the building (including installing shatterproof film on some of the windows),would cost USD 10 million. Alternatively, the Tribunal could pay 16.4 million for a package that would cover additional upgrades to raise the standard of the building to that of a new building, including replacing all lighting and fire safety equipment and office improvements. Under either option, the estimated costs would be non-recurrent capital costs to be met in the Tribunal,s first year of operation. ¶5. (SBU) Assuming the donors agree on December 11 to accept the Dutch offer, the UN advised that office space would likely be available for occupancy in the second quarter of 2008. Courtrooms and holding cells would be available for use at the end of the third quarter of 2008. The building is located in Leidschendam, 15 minutes by train from the center of The Hague and 15-20 minutes by car from the UN Detention Facility at Schevengingen and the Bronovo Hospital. The building is approximately 15 years old. Khalilzad