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 USUN NEW Y 00000978 002 OF 003 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 -- USUN NEW Y 00000978 003 OF 003 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