UN LEGAL COUNSEL BRIEFS SC ON LEBANON SPECIAL

UNCLAS USUN NEW YORK 000783 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: REINEMEYER WILCOX EMAIL SUBJECT: UN LEGAL COUNSEL BRIEFS SC ON LEBANON SPECIAL TRIBUNAL ¶1. BEGIN SUMMARY: In a short briefing to the Security Council September 19, UN Legal Counsel Nicolas Michel highlighted the UN's efforts to make the Special Tribunal for Lebanon operational. The Netherlands has provided "full cooperation" since expressing its willingness to host the Tribunal, and the UN is working vigorously to identify judges, the Prosecutor, the Head of the Defense Office, and the Registrar for the Tribunal, Michel said. The Secretary-General has developed a preliminary budget for the SIPDIS Tribunal's first three years of operations and is preparing to ask states to contribute funds. END SUMMARY. ¶2. UN Legal Counsel Nicolas Michel briefed the Security Council on September 19 on the Secretary-General's report submitted pursuant to resolution 1757 (S/2007/525). The SYG's report is his first since the adoption of resolution 1757 (2007),under which the provisions of the statute and agreement establishing the Special Tribunal for Lebanon entered into force on June 10. In his briefing, Michel highlighted four aspects of the UN's efforts to establish the Tribunal: (1) the location of the Tribunal; (2) the appointment of the judges, the Prosecutor, the Deputy Prosecutor, the registrar and the Head of the Defense Office; (3) the budget for the Tribunal; and (4) the funding. Location -- Michel said he had led a delegation to the Netherlands from August 27-30 to initiate discussions with the government concerning the establishment of the Tribunal, calling those discussions "constructive" and praising the "positive and welcoming atmosphere" the Dutch established. Personnel -- On the appointment of judges, the Prosecutor, and the Registrar, Michel noted his August letter asking states to submit candidates for appointments as judges by September 24. Michel said the UN has made "good progress" in establishing the selection panel for the judges. That panel will be composed of two judges (currently sitting on or retired from an international tribunal) and a representative of the SYG. The SYG will inform the Council of his intentions concerning the selection panel before making his final decision, consistent with article 2 of the Annex to resolution 1757, Michel said. Although the UN hopes to be able to appoint judges by the end of this year, Michel said the judges, the Prosecutor, the Deputy Prosecutor, the Head of the Defence Office, and the Registrar would assume their posts only when their presence is necessary for the operation of the Tribunal. Budget -- Michel emphasized that the estimates in the SYG's report are preliminary and cover the operating costs of the Tribunal for the first three years but not the costs for establishing the Tribunal, which can be determined only after the premises for the Tribunal have been identified. (The SYG's report estimates an operating budget of $35 million for the first year, $45 million for the second year, and $40 million for the third year and, if a second Trial Chamber is added, an additional $8 million per year. According to the report, the SYG considered the experiences of international tribunals, in particular that of the Special Court for Sierra Leone, in developing the budget.) Michel also cautioned that the budget can be finalized only after more specific information is available on issues such as the premises or the conditions of service of the judges and the staff. Funding -- Michel then said the Secretariat is finalizing a letter requesting contributions for the Tribunal. The Secretary-General also will express to the Lebanese SIPDIS authorities his gratitude for the amount of approximately $5 million that the government has allocated as an initial contribution for the Tribunal. ¶3. Following the briefing, Ambassador Wolff stressed the need for the UN to continue its efforts so the Tribunal can become operational soon, thanking the Netherlands for its willingness to host the Tribunal, noting that the U.S. intends to make a significant contribution to the Tribunal, and urging the UN to move quickly to identify the prosecutor and other officials for the Tribunal and a candidate to succeed Serge Brammertz as Commissioner of the International Independent Investigation Commission (UNIIIC). ¶4. Other members welcomed Michel's briefing, with several stressing the importance of ensuring funding for the Tribunal, emphasizing the need for protecting witnesses and selecting judges carefully, or calling for a smooth transition from the work of the UNIIIC to that of the Tribunal. Italy announced it is considering the possibility of contributing to the Tribunal's trust fund. Indonesia (which abstained from resolution 1757) argued that the Council has a responsibility to ensure that the Tribunal does not begin operating until there is national consensus in Lebanon, even if doing so leads to delays. Note: Indonesia appeared to contemplate a role for the Council that the Tribunal agreement does not; under Article 19 of the Annex to resolution 1757, the Tribunal will begin functioning on a date to be determined by the SYG in consultation with the Lebanese government. End Note. Russia expressed caution about the SYG's budget for the Tribunal, arguing that the SCSL should not serve as a precedent for developing the Special Tribunal's budget since the SCSL's jurisdiction is broader. ¶5. In responding to members' comments, Michel acknowledged the need to ensure a smooth transition between the UNIIIC and the Prosecutor's Office, as well as between Serge Brammertz and his successor. Ideally, he said Brammertz's successor as UNIIIC Commissioner would later become the Prosecutor and might serve for some period as "Prosecutor-Elect." Responding to Russia's point on the Tribunal's budget, Michel said the UN did not mean to suggest that the Special Tribunal would be identical to the SCSL and agreed that the Tribunal will have jurisdiction over different crimes from the SCSL. Costs for the Tribunal might be as high, or higher, than for the SCSL, however, because the Tribunal will have to work in English, French, and Arabic, will address complex security needs, and will be based in the Netherlands, Michel said. Finally, Michel said the UN has already started working with Brammertz to address the need for witness protection. ¶6. Afterward, French PermRep Ripert read a press statement on behalf of the Council, welcoming the SYG's report, praising the Dutch for their willingness to host the Tribunal, and encouraging states to make financial contributions to make the Tribunal operational. KHALILZAD