LEBANON TRIBUNAL: P-3 AGREE ON DRAFT UNSCR AND

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000384

SIPDIS

SIPDIS

FOR IO AND NEA FRONT OFFICES

E.O. 12958: N/A
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON TRIBUNAL: P-3 AGREE ON DRAFT UNSCR AND
BEGIN SHARING TEXT WITH COUNCIL MEMBERS

REF: STATE 67046


1. (SBU) The U.S., France, and the UK (P-3) reached agreement
on a draft Chapter VII resolution to establish the Special
Lebanon Tribunal on May 17. P-3 Permanent Representatives
will share the text with all UNSC delegations either
bilaterally or in joint approaches by close of business on
May 18. These discussions could be followed early next week
by demarches in capitals and a formal tabling of the
resolution in the Security Council.


2. (SBU) Begin text:

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, 1644 (2005) of 15 December 2005,
1664 (2006) of 29 March 2006 and 1748 (2007) of 27 March 2007,

Pp2 Reaffirming its strongest condemnation of the 14 February
2005 terrorist bombings as well as other attacks in Lebanon
since October 2004,

Pp3 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,

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 to try all those who are found
responsible for this terrorist crime, and the request by this
Council for the Secretary-General to negotiate an agreement
with the Government of Lebanon aimed at establishing such a
Tribunal based on the highest international standards of
criminal justice

Pp5 Recalling further the report of the Secretary-General on
the establishment of a special tribunal for Lebanon on 15
November 2006 (S/2006/893) reporting on the conclusion of
negotiations and consultations that took place between
January 2006 and September 2006 at United Nations Headquarter
in New York, the Hague, and Beirut between the Legal Counsel
of the United Nations and authorized representatives of the
Government of Lebanon, and the letter of its President to the
Secretary General of 21 November 2006 (S/2006/911) reporting

SIPDIS
that the members of the Security Council welcomed the
conclusion of the negotiations and that they were satisfied
with the Agreement annexed to the Report,

Pp6 Recalling that, as set out in its letter of 21 November
2006, should voluntary contributions be insufficient for the
Tribunal to implement its mandate, the Secretary-General and
the Security Council shall explore alternate means of
financing the Tribunal

Pp7 Recalling also that the Agreement on the establishment of
a Special Tribunal for Lebanon was signed by the Government
of Lebanon and the UN respectively on 23 January and 6
February 2007,

Pp8 Referring to the letter of the Prime Minister of Lebanon
to the Secretary General of the United Nations (S/XXX),which
recalled that the parliamentary majority has expressed its
support for the Tribunal, and asked that his request that the
Special Tribunal be put into effect be presented to the
Council as a matter of urgency,

Pp9 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,

Pp10 Commending the Secretary General for his continuing
efforts to proceed, together with the Government of Lebanon,
with the final steps for the conclusion of the Agreement as
requested in the letter of its President dated 21 November
2006 and referring in this regard to the briefing by the
Legal Counsel on 2 May 2007, in which he noted that the
establishment of the Tribunal through the Constitutional
process is facing serious obstacles, but noting also that all
parties concerned reaffirmed their agreement in principle to
the establishment of the Tribunal,

Pp11 Commending also the recent efforts of parties in the
region to overcome these obstacles,

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Pp12 Willing to continue to assist Lebanon in the search for
the truth and in holding all those involved in the terrorist
attack accountable and reaffirming its determination to
support the Government of Lebanon in its efforts to bring to
justice perpetrators, organizers and sponsors of this and
other assassinations,

Pp13 Reaffirming its determination that this terrorist act
and its implications constitute a threat to international
peace and security,

Acting under Chapter VII of the Charter of United Nations,


1. Decides that the provisions of the attached Agreement on
the establishment of a Special Tribunal for Lebanon, signed
by the United Nations and the Government of Lebanon,
including the Statute attached to it shall enter into force
upon adoption of the present resolution;


2. Decides further that if the Secretary General reports
that the Headquarters Agreement has not been concluded as
envisioned under Article 8 of the Agreement, the location of
the seat of the Tribunal shall be determined in consultation
with the Government of Lebanon and be subject to the
conclusion of a Headquarters Agreement between the United
Nations and the State that hosts the Tribunal;


3. Decides further that if the Secretary-General reports
that contributions from the Government of Lebanon are not
sufficient to bear the expenses described in Article 5(b) of
the Agreement, he may accept or use voluntary contributions
from States to cover any shortfall;


4. Requests the Secretary General, in coordination, when
appropriate, with the Government of Lebanon, to undertake the
steps and measures necessary to establish the Special
Tribunal in a timely manner and to report to he Council
within 90 days and thereafter periodically with respect to
his efforts;


5. Decides to remain actively seized of the matter.
KHALILZAD