SUPPORT FOR THE SPECIAL TRIBUNAL FOR LEBANON

S E C R E T SECTION 01 OF 02 STATE 129978

SIPDIS

E.O. 12958: DECL: 12/09/2018
TAGS: PREL PTER LE SY UNSC EUN
SUBJECT: SUPPORT FOR THE SPECIAL TRIBUNAL FOR LEBANON

REF: A. USUNNEWYORK1149

B. USUNNEWYORK1034

C. USUNNEWYORK1017

Classified By: NEA DAS David Hale for reasons 1.4 (b) and (d)


1. (U) This is an action request. Please see paragraphs three
and four.

SUMMARY
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2. (SBU) UN Secretary-General Ban Ki-moon has stated his
intention to open the Special Tribunal for Lebanon (STL) on
March 1, 2009. Nearly $55M in voluntary contributions have
already been collected to fund STL start-up costs and year
one operations, but per the UN-Lebanese agreement that
established the STL, Ban must secure enough contributions or
pledges to cover years two and three before STL operations
begin. Meanwhile, UN International Independent Investigation
Commission (UNIIIC) head Daniel Bellemare has issued his
final report and requested a two month extension of UNIIIC's
mandate until February 28, 2009 to ensure a smooth transition
of his investigation from Beirut to The Hague, where he will
take on the role of prosecutor and begin preparing
indictments.

OBJECTIVES
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3. (SBU) Posts are requested to pursue the following
objectives:

-- Note that the United States staunchly supports UNIIIC,
Commissioner Bellemare, and the STL, and anticipates this
support will be maintained by the next administration.
Justice in the Hariri case and related attacks will help end
an era of impunity for political violence in Lebanon and
strengthen the sovereignty of the Lebanese state.

-- Thank host governments for any contributions already made
to the STL. (Note: A list of contributions and pledges by
country and amount may be requested by email from Lebanon
Desk Officer Matthew Irwin.)

-- Note that, while UNSYG Ban plans to open the STL on March
1, 2009, he must first secure contributions or pledges for
the approximately $66M in voluntary contributions required to
fund years two and three of STL operations. (Note: Lebanon
is required to pay 49 percent, or roughly $64M, of $130M in
estimated costs for years two and three combined.)

-- Request that host governments make generous contributions
or pledges for years two and three of STL operations to
ensure that the STL opens as scheduled on March 1, 2009. If
host governments are restricted from pledging out-year funds,
suggest they detail their out-year STL funding requests or
intended requests to their national budget authorities, as
the United States did.

-- Request that host governments press UNSYG Ban to take all
necessary measures to ensure the STL opens on March 1, 2009.


4. (SBU) Embassies Brussels, Rome, Zagreb, Moscow, Beijing,
Ouagadougou, San Jose, Pretoria, Tripoli, Jakarta, Panama
City, and Hanoi are requested to pursue the following
additional objectives:

-- Note that UNIIIC Commissioner Bellemare has requested,

STATE 00129978 002 OF 002


with the endorsement of UNSYG Ban and Lebanese PM Siniora, a
brief extension of UNIIIC's mandate to ensure a smooth
transition of his investigation from Beirut to The Hague.

-- Request that host governments, as Security Council
members, support a resolution to extend UNIIIC's mandate
until February 28, 2009. A draft resolution will be
circulated shortly in New York.

REPORTING DEADLINE
--------------


5. (U) Posts are requested to report the results of this
demarche by cable to NEA/ELA Lebanon Desk Officers Matthew
Irwin and Christine Lawson by Wednesday, December 17, 2008.

BACKGROUND
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6. (SBU) After three years and three commissioners, UNIIIC
has made sufficient progress in its investigation of the
February 14, 2005 assassination of former Lebanese PM Rafiq
Hariri and other attacks since October 1, 2004 to justify
opening the STL on March 1, 2009. With Lebanese
parliamentary elections scheduled for spring 2009 and the
pro-sovereignty March 14 coalition led by Saad Hariri, son of
the slain former PM, still reeling from Hizballah-instigated
violence in May 2008, this start date is well-timed.


7. (C) While the UN has sufficient funds in hand to cover
start-up costs and year one of STL operations, UNSYG Ban's
decision to open the Tribunal on March 1, 2009 has touched
off a flurry of fundraising activity, as the STL statute
requires that pledges covering year two and three of STL
operations be received before the STL opens its doors. While
the statute allows the UNSYG and Security Council to explore
"alternate means" of funding years two and three if voluntary
contributions fall short, we hope to avoid this and will
press the UN Comptroller and Legal Advisor to show
flexibility, allowing the STL to open on March 1, 2009 if
significant pledges have been received for at least year two.


8. (U) The United States is the largest single donor to the
STL with the exception of Lebanon, having contributed $14M
toward start-up and year one costs. We recently pledged an
additional $6M for year two operations, pending Congressional
approval of the administration's FY09 budget request.


9. (S/NF) UNIIIC Commissioner Bellemare, who will transition
to his role as STL prosecutor when UNIIIC's mandate expires,
tells us privately that he is confident he will "crack the
case," but that indictments might not be issued before the
end of 2009. Noting there is still significant investigative
work to do, Bellemare has requested a two month extension of
UNIIIC's mandate to ensure that the transition of UNIIIC
personnel and files from Beirut to The Hague (seat of the
STL) does not disrupt his investigation. Thereafter,
Prosecutor Bellemare will continue the investigation, albeit
without UNIIIC's Chapter VII authority to compel cooperation.

POINT OF CONTACT
--------------


10. (U) Please contact NEA/ELA Lebanon Desk Officers Matthew
Irwin and Christine Lawson with questions or for further
background information.
RICE