LEBANON TRIBUNAL: UN PLANS TO APPOINT

C O N F I D E N T I A L SECTION 01 OF 03 USUN NEW YORK 000978

SIPDIS

SIPDIS
SENSITIVE

E.O. 12958: DECL: 11/08/2017
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON TRIBUNAL: UN PLANS TO APPOINT
PROSECUTOR-ELECT NEXT WEEK

Classified By: Political Minister-Counselor Jeffrey DeLaurentis, per 1.
4 (b) and (d).


1. (C) Summary. During a meeting with USUN Legal Adviser and
Poloff on November 7, UN Office of Legal Affairs (OLA)
attorney Mark Quarterman and Department of Political Affairs
(DPA) officer Alma Saliu reported that the SYG plans to
appoint the next UNIIIC chief and prosecutor-elect during the
week of November 12. Although a few legal issues are holding
up negotiation of a headquarters agreement with the Dutch
Government, they expressed hope that this agreement could be
concluded by the end of 2007. USUN officers reiterated
strong U.S. interest in setting up the tribunal as soon as
possible, and in light of the GOL's decision to contribute
Lebanon's full share of tribunal funding, asked whether the
timetable could be moved up. Quarterman said OLA believes
the tribunal must be set up by June 16, 2008 -- when UNIIIC's
mandate will expire -- but is open to the possibility of
doing so earlier if the necessary steps fall into place. But
given UNIIIC's ability to draw from assessed contribution
funding and its authority to compel cooperation from Syria,
he wondered if there is a reason to rush. Quarterman
suggested that we could send the necessary political signals
about the tribunal by publicizing steps such as the selection
of the prosecutor-elect, and reported that OLA plans to hire
a communications specialist to do this full-time. End
Summary.

Prosecutor May Be Announced Next Week
--------------


2. (C) Quarterman said the selection panel for the tribunal
had recommended one name to the SYG on November 5 for the
next UNIIIC chief and prosecutor-elect. He was unable to
reveal the name, but indicated the candidate was a prominent
person well and favorably known to several UNSC members.
Once the SYG returns to New York and approves the panel's
recommendation, which Quarterman did not expect would take
long, the SYG would send a letter to the UNSC announcing his
selection. He expected this to happen during the week of
November 12. Quarterman was unsure whether the SYG would
announce at the same time that the next UNIIIC chief had also
been appointed prosecutor-elect, given that the UNSC has no
role in confirming the selection of the prosecutor, but he
suggested that the two announcements would be made within a
relatively short timeframe. Noting that UN Legal Counsel
Nicolas Michel had already briefed the U.S. and France on the
process for selection of the next UNIIIC chief, Quarterman
said Michel would also informally brief China and Russia on
the process -- not the name -- before the announcement is
made. He suggested that the next UNIIIC head could begin
working in Beirut in late November or early December.

Slower Progress on Headquarters Agreement
--------------


3. (C) Quarterman expressed hope that the UN would be able to
conclude its negotiations with the Dutch Government on a
headquarters agreement (HQA) by the end of 2007. One of the
issues that has held up negotiations is the Dutch
Government's continuing preference for prior assurances that
other states have agreed to incarcerate those convicted by
the tribunal. Quarterman suggested that one possible
solution to this issue would be to include a requirement in
the HQA that the Netherlands must receive such assurances
before a suspect is transferred to The Hague. Given that
several Dutch agencies must consider the various drafts of
the HQA, Quarterman noted, negotiations take time. Although
it would take up to one year for the Dutch Parliament to
ratify the HQA once it is signed, Quarterman said the UN had
proposed that the agreement apply provisionally until that
point. Poloff repeated Amb Wolff's earlier offer that the
U.S. would be willing to engage the Dutch to speed up the
negotiations. Quarterman expressed appreciation for U.S.
assistance but did not ask for help at this time.


4. (SBU) Quarterman acknowledged that the UN does not yet
have an estimate of the cost to construct the tribunal's
courtrooms, which will be an additional expenditure not
incorporated in the estimated USD 120 million cost for the
tribunal's first three years of operations, but hoped that
this figure would be available by the end of the year as
well. He noted that Robin Vincent, the former registrar of
the Sierra Leone court, is in The Hague now to assess
tribunal requirements, including construction costs. But
Quarterman cautioned that the final number would depend on
what portion of the costs the Dutch Government and the UN
respectively agree to bear. Given that the Dutch have
proposed the tribunal be located in the former office of the

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Dutch secret service, a building which lacks a courtroom,
Quarterman was hopeful the Dutch would not expect the UN to
pay the entire cost of construction for a building the
Netherlands will likely use as a courthouse in the future.
Although he was wary of estimating costs without all the
necessary information, Quarterman predicted the total cost to
build the courtrooms would not/not exceed a few million
dollars.

Funding Coming Along
--------------


5. (SBU) Quarterman said the GOL has told the UN that it will
contribute USD 12 million more towards the tribunal's first
year of operations in order to satisfy the requirement that
it pay 49 percent of the total costs. (Note: Total estimated
cost for the first year is USD 35 million. End Note.) But
he noted that the actual funds have not yet arrived.
Quarterman was also unsure whether the Lebanese are now able
to pledge the remaining USD 43 million for the other two
years at this time. He noted that OLA planned to convene a
meeting of current and prospective contributors to the
tribunal around November 13 in New York, and would use that
forum and other bilateral meetings to press for
contributions. Besides the Lebanese and U.S. contributions,
Quarterman reviewed other contributions announced thus far
and offered his personal thoughts about which other countries
could donate funds:

-- France: USD 2 million each year for three years.
Quarterman opined that the French could contribute more.

-- Pakistan: USD 1 million over three years.

-- Italy: USD 250,000 as an initial contribution.
Quarterman agreed that Italy should contribute more over
three years.

-- Belgium: USD 250,000 as an initial contribution.

-- Germany: Quarterman said the Germans are planning to make
a small contribution in this fiscal year and then supplement
it with a larger contribution in the next fiscal year (NFI).

-- Saudi Arabia and UAE: Quarterman said the Saudis and
Emiratis are "ready" to make a contribution but have not yet
decided the sum.

-- Other possible contributors: Quarterman said the UN would
urge Kuwait, Bahrain, Norway, and Canada to contribute to the
tribunal.

Timetable for Tribunal Setup
--------------


6. (C) USUN officers emphasized the importance the U.S.
attaches to setting up the tribunal as soon as possible. The
announcement that the SYG has declared the court operational
will send an important signal in Lebanon and beyond that the
tribunal is a reality and cannot be bargained away.
Moreover, it will demonstrate that the culture of impunity
that has existed in Lebanon for so long will finally be
addressed. For the same reasons, it is essential that the UN
publicize events leading up to the operationalization of the
tribunal. When the next UNIIIC head and prosecutor-elect is
appointed, that action should be front-page news in Lebanon
and in the rest of the Arab world. The same should be true
of the selection of judges, conclusion of a headquarters
agreement, and announcement of major contributions. Assuming
that the Lebanese transfer the rest of their contribution
shortly, and other donors can make up the remaining part of
the required USD 120 million, USUN officers asked Quarterman
and Saliu whether this would speed up the UN's internal
timetable to declare the tribunal operational.


7. (C) Although he was wary of offering any timelines because
some of the remaining steps to set up the tribunal are
outside the UN's control, Quarterman said OLA continues to
believe that the tribunal must become operational no later
than June 16, 2008, when the UNIIIC mandate is set to expire,
but is ready to recommend an earlier date to the SYG if the
necessary steps have been completed (securing funding,
concluding a headquarters agreement, appointing judges,
etc.). Quarterman said he fully shared the importance of
sending a political signal in Lebanon and elsewhere that the
tribunal will become a reality soon. But given the UNIIIC's
ability to draw funding from assessed UN contributions and
its Chapter VII power to compel cooperation from Syria --
authority which the tribunal does not currently enjoy --

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Quarterman questioned whether it would be wise to push the
date of operationalization of the tribunal up. He also
emphasized that the prosecutor would probably need several
months at least to prepare indictments -- assuming he can
make a case -- once he starts working. So declaring the
tribunal operational might not result in much tangible
progress if the indictments are still months away.


8. (C) Instead of moving up the date when the tribunal
becomes operational, Quarterman suggested that the UN could
send the necessary political signals by publicizing
effectively the steps leading up to that point. He said that
OLA plans to appoint a "senior communications officer" for
the tribunal shortly who speaks Arabic and will work
full-time on ensuring tribunal developments are
well-publicized. The UN's other media outreach on the
tribunal will also continue. Once the prosecutor-elect is
named, for example, Quarterman suggested that Michel could
offer interviews with Arab print journalists and appear on
Arab satellite channels such as al-Jazeera, al-Arabiya, and
maybe even al-Manar. If these efforts send the right
political signals, Quarterman suggested that it might not be
necessary to move up the date of the operationalization of
the tribunal, although he reiterated that OLA was open to
that possibility.
Khalilzad