UNSC: COUNCIL EXTENDS IIIC MANDATE FOR TWO-MONTHS:

C O N F I D E N T I A L SECTION 01 OF 03 USUN NEW YORK 001193 SIPDIS E.O. 12958: DECL: 10/10/2018 TAGS: PREL PTER UNSC LE SY SUBJECT: UNSC: COUNCIL EXTENDS IIIC MANDATE FOR TWO-MONTHS: SYG DECLARES LEBANON TRIBUNAL TO COMMENCE FUNCTIONING MARCH 1 REF: STATE 132249 Classified By: Ambassador Alejandro D. Wolff for reasons 1.4 (b) and (d ). ¶1. (C) Summary: On December 17, the Security Council unanimously adopted Resolution 1852, extending the mandate of the International Independent Investigation Commission (IIIC) until the end of February 2009 to maintain the momentum of the investigation and allow its smooth transfer to the Hague for the Special Tribunal for Lebanon (STL). Following the resolution's adoption, the Secretary-General formally announced via press release that the STL would commence functioning on March 1, 2009. In IIIC Commissioner Bellemare's December 17 briefing to the Council, he emphasized that he would continue the IIIC's investigation as STL Prosecutor and the prosecution phase would not start until the investigation phase ends. Bellemare noted bilaterally that he did not expect any trial before 2010. Bellemare also briefed the Council that he has shared his views with the Lebanese judicial authorities on the continued detention of the four generals; that while the detainees are in Lebanon, Lebanese judicial power is absolute; but, if the detainees are transferred to the Tribunal, they will be in a position to seek new remedies. Bellemare called on member states to continue to assist IIIC with information, resources, and expertise, and bilaterally requested two analysts, as he had discussed with DOJ, beginning in January. End summary. Council extends IIIC mandate -------------- ¶2. (SBU) The Security Council unanimously adopted Resolution 1852 on December 17, 2008, extending the mandate of the International Independent Investigation Commission (IIIC) until the end of February 2009 so that it can continue its investigation and gradually transfer its operations, staff, and assets to the Hague for the commencement of the functioning of the Special Tribunal for Lebanon (STL). The resolution also looks forward to further progress by the Commission as well as the Office of the Prosecutor of the STL on the other cases which may be connected to the Hariri assassination and it underlines the continuing importance of the need for member states' full cooperation with the Commission and, once it begins operations, the Office of the Prosecutor. (Note: The full text of the resolution is in reftel and on the Security Council website at www.un.org. End note.) SYG announces STL to commence functioning March 1 -------------- ¶3. (SBU) Following the adoption of UNSCR 1852, the Secretary-General announced in a December 17 press release his decision that the STL "will commence functioning on 1 March 2009." The release announces that the SYG made his determination in accordance with Article 19 (2) of the Annex to UNSCR 1757 (2007),after consultations with the Lebanese Prime Minister and the IIIC Commissioner Daniel Bellemare who will become the STL Prosecutor on March 1, 2009. U/SYG and Legal Counsel Patricia O'Brien told Ambassador Wolff December 11 that the SYG was "adamant" that the STL would commence functioning on March 1 and that "everyone is working to that end." She did note that the SYG's announcement might reduce the pressure for countries to make pledges for years two and three of the STL but said she appreciated USG efforts to encourage further financial contributions. Bellemare briefs Council -------------- ¶4. (SBU) In his briefing and consultations with the Security Council on December 17, IIIC Commissioner Bellemare explained that "public confidence is essential to the credibility of any investigative or judicial process" and that the process has been set up "to find the truth, to achieve justice and, eventually, to put an end to impunity." He acknowledged that there was anxiety and impatience but stressed that the first phase for his future role as Prosecutor was to continue to investigate and that the prosecution phase could not start until the investigation phase ends. He said, "Fast food justice will not be on the menu" and "there will be no indictment of convenience." ¶5. (SBU) He reiterated his previous comments to the Council about having gathered evidence of a network of individuals acting to carry out the Hariri assassination and said the Commission had identified new information "that may allow us USUN NEW Y 00001193 002 OF 003 to link additional individuals with the network." He said progress had also been made on identifying the geographic origin of the suicide bomber in the Hariri case. He said the Commission "has found additional elements to corroborate the links already found between the Hariri case and some of the other attacks" and has found "elements to link one additional attack to the Hariri case." ¶6. (C) Bellemare told the Council that he could not predict when the investigation will be completed. In a bilateral meeting December 15 with Ambassador Wolff, Bellemare said that he did not expect any trials before 2010. Bellemare briefed the Council that "there is no such thing as a perfect crime" and that this case can be solved. He said that his answer to donor countries on whether the case is worth continuing is "unequivocal: absolutely"! He ended his briefing by stating that he did not come out of retirement to be associated with a failure. Bellemare on Lebanese detainees -------------- ¶7. (SBU) Bellemare briefed the Council in the formal meeting that the Commission has "continued to share with the Lebanese authorities all the information required to allow them to make a decision on the detainees" and that he has shared his views on the detention with Lebanese judicial authorities. He stressed that the power of Lebanese judicial authorities on these matters is "absolute" but that "if transferred to the Hague, the detainees will then be in a position to seek new remedies before the Tribunal." ¶8. (C) Ambassador Wolff stressed to Bellemare in their December 15 bilateral meeting that the release of the detained Lebanese generals before the Lebanese parliamentary elections would be misinterpreted by many in Lebanon and that the ideal situation would be for the status quo to prevail in terms of the detainees until the elections are over. Bellemare replied that the sooner the situation is resolved, the better. Bellemare later noted that the Tribunal will have two months to request the transfer of the investigation and case files from Lebanon, per the agreement between the UN and the GOL. He noted that there is no corresponding deadline by which the GOL has to effect the transfer, implying that could apply to the detainees as well. Bellemare still seeking "expertise" -------------- ¶9. (C) In his briefing to the Council, Bellemare called on member states to assist the Commission with "information, resources, and expertise." He said, "Let me say this one more time: Member States that can help must share the responsibility in the investigation; they have an obligation to help the investigation." In his bilateral meeting with Ambassador Wolff, Bellemare said that he understood DOJ might be able to second two retired analysts to the IIIC/STL in the Hague and stressed the need for the analysts beginning in January. Lebanon & Council members welcome Bellemare's briefing -------------- ¶10. (SBU) The Lebanese Perm Rep was invited to address the Council after Bellemare's briefing. He stressed the Lebanese government's continued commitment for the STL to prosecute the crime of the assassination of Prime Minister Hariri and the other assassination attempts and "to administer justice, rather than seek vengeance and politicization." He stressed that the Council's December 17 meeting was an important event, not just for the families of those killed but "also for all Lebanese citizens, who have the right to a secure, dignified life far removed from terrorists and terrorism. He reaffirmed that the cooperation between the IIIC and the Lebanese authorities on the investigation and on logistical matters regarding the security of the IIIC and its staff will continue. He also thanked all member states that have supported the work of the Commission. ¶11. (SBU) In the Council's separate consultations December 17 with IIIC Commissioner Bellemare, France, Italy, U.S., Libya, Belgium, Costa Rica, Russia, UK, Burkina Faso, China, Vietnam, Indonesia, and Croatia all welcomed the work of the IIIC and the upcoming transition to the STL. Russia alone noted its continuing reservation that the cases connected with the other attacks/assassinations should remain under the jurisdiction of the Lebanese authorities. (Note: According to Article 1 (1) of the Annex to UNSCR 1757, the STL only has jurisdiction over persons responsible for other attacks if USUN NEW Y 00001193 003 OF 003 they are found to be linked to the February 14, 2005 attack that resulted in the death of former Prime Minister Hariri. End note.) Khalilzad