UN PROGRESSES ON SPECIAL TRIBUNAL FOR LEBANON

C O N F I D E N T I A L USUN NEW YORK 000821

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E.O. 12958: DECL: 10/04/2017
TAGS: PREL UNSC PGOV PTER KCRM SY LE
SUBJECT: UN PROGRESSES ON SPECIAL TRIBUNAL FOR LEBANON

REF: STATE 133859

Classified By: Ambassador Alejandro D. Wolff, for reasons 1.4(b) and (d
).


1. (C) BEGIN SUMMARY AND ACTION REQUEST: UN Office of Legal
Affairs (OLA) officers told USUN October 3 and October 4 that
the UN wants to move quickly this month to appoint the next
Commissioner of the UN International Investigation Commission
(UNIIIC),who would also serve as the Prosecutor for the
Special Tribunal for Lebanon. They also reported that the
Secretary-General has signed a letter asking Member States to

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contribute to the Trust Fund for the Special Tribunal. To
expedite the appointment of judges for the Special Tribunal,
the UN has asked the United States to supply CVs for the
three judicial candidates USUN supplied to the UN on
September 24 (reftel). USUN would be grateful if Department
could supply those CVs. Finally, the UN plans to convene a
meeting next week for donors, both current and future, to the
Special Tribunal. END SUMMARY AND ACTION REQUEST.


2. (SBU) Assistant SYG for Legal Affairs Larry Johnson and
Special Assistant for Legal Affairs Mark Quarterman told USUN
legaloff that OLA wants to move quickly on the process for
appointing Serge Brammertz's successor as UNIIIC Commissioner
and for appointing the Prosecutor for the Special Tribunal
for Lebanon. OLA also plans to have Brammertz's successor
serve as the Prosecutor. Legal Counsel Nicolas Michel will
brief the Security Council's legal experts on the UN's plans
on Tuesday, October 9.


3. (C) OLA plans for the selection panel for the judges and
the Prosecutor to meet in October. OLA expects the panel to
interview two candidates for the Prosecutor and to organize
their process for selecting judges, including producing short
lists. Immediately afterward, the panel would recommend
someone to the SYG to serve as Prosecutor. Next the SYG
would notify the Security Council of his intention to appoint
that person as the UNIIIC Commissioner to replace Brammertz,
as well as his intention for that person to become the
Prosecutor. Once the Security Council has replied to the
SYG, taking note of the SYG's intention, the SYG would
appoint the UNIIIC Commissioner. In a separate action, which
the SYG would take at the same time, he would appoint the
same person as the Prosecutor. OLA hopes to make the
announcement in late October/early November to permit a
two-month overlap with Brammertz in Beirut. Quarterman
advised USUN on October 4 that the UN plans to make clear
that the Prosecutor will only take up his duties when the
Tribunal is ready to become operational; until then, he or
she would serve essentially as Prosecutor-Elect.


4. (C) With respect to judicial appointments, Quarterman
advised USUN on October 4 that the UN needs CVs for the three
U.S. judicial nominees. OLA tried to obtain the CVs for the
three U.S. judicial nominees, but they are not available on
the Internet, and to preserve confidentiality OLA does not
want to request them directly. OLA would be grateful if the
United States could supply those CVs.


5. (U) Johnson also said the SYG has signed a letter asking
states to contribute to the Trust Fund for the Special
Tribunal for Lebanon. The letter will go out after it has
been translated, and Johnson hoped that would be soon.


6. (SBU) Finally, OLA advised that it plans to convene a
meeting late next week of Lebanon, the United States, and
other potential donor countries to discuss funding issues and
the process for establishing a Management Committee for the
Special Tribunal.


7. (C) On October 4, Quarterman also expressed concern about
reports that, at a joint press conference with Saad Hariri,
President Bush had voiced disappointment with the pace of
efforts to establish the Special Tribunal. Quarterman noted
that the Lebanese have repeatedly pressed the UN to appoint a
Prosecutor for the Tribunal soon because the Lebanese think
the Prosecutor could take action with respect to the four
Lebanese generals the Lebanese have detained since the spring
of 2005, but pointed out that until the Tribunal is
operational, with trial judges, appellate judges, and its
entire apparatus in place, the Prosecutor alone would not
have the authority to address the situation with the Lebanese
judges.
KHALILZAD