LEBANON: UNIIIC COMMISSIONER BELLEMARE APPEALS

C O N F I D E N T I A L SECTION 01 OF 02 USUN NEW YORK 000316 SIPDIS SIPDIS E.O. 12958: DECL: 04/07/2018 TAGS: PREL PTER PARM PINR PREF MASS SY IS LE GOV SUBJECT: LEBANON: UNIIIC COMMISSIONER BELLEMARE APPEALS FOR MORE TIME FOR INVESTIGATION REF: A. BEIRUT 465 ¶B. BEIRUT 350 ¶C. USUN 265 ¶D. USUN 253 ¶E. USUN 224 ¶F. USUN 220 Classified By: Amb. Zalmay Khalilzad, for reasons 1.4(b) and (d). ¶1. (C) BEGIN SUMMARY: UNIIIC Commissioner and Special Tribunal for Lebanon (STL) Prosecutor-Designate Daniel Bellemare told Amb. Khalilzad privately on April 4 that the UNIIIC mandate, which is scheduled to expire June 15 absent action by the Security Council, should be extended at least until the end of 2008. Saying that Lebanese Justice Minister Rizk agreed with him, Bellemare argued that UNIIIC needed more time to use its Chapter VII authority to compel cooperation from Syria and to continue investigating the 20 other terrorist attacks perpetrated in Lebanon since Hariri's assassination. Bellemare also cautioned against any proposals to have him serve simultaneously as Commissioner and Prosecutor, which he said would create legal problems for the STL. While stressing that he could not predict when the investigation would conclude and declining to provide specifics on his investigation, Bellemare said he would be more forthcoming when he meets with U.S. officials in Washington on April 9-10. Bellemare also said states could help expedite his work by providing the assistance he is seeking, chiefly the secondment of skilled investigators. Bellemare also agreed that his request for more time to continue the investigation must not dilute the message that the STL is irrevocable. END SUMMARY. ¶2. (SBU) Amb. Khalilzad met privately with Daniel Bellemare, Commissioner of the UN International Independent Investigation Commission (UNIIIC) and Prosecutor-Designate of the Special Tribunal for Lebanon (STL),on April 4. Bellemare will brief the Security Council on the UNIIIC's tenth report on April 8 and will travel to Washington for meetings on April 9-10. Bellemare Clarifies Report Language -------------- ¶3. (C) Noting the controversy in Lebanon over Bellemare's use of the term "criminal network" in his report to the Council, Amb. Khalilzad asked Bellemare to clarify whether he still viewed the assassination of former Lebanese Prime Minister Hariri as politically motivated. Emphasizing that his report language should not be misinterpreted, Bellemare said he would make it clear to the Security Council on April 8 that his report uses the terms "criminal" and "terrorist" interchangeably, and that he has not changed UNIIIC's thesis that the Hariri murder was politically motivated. UNIIIC is conducting a terrorist investigation, and the report makes clear that Hariri was killed in a terrorist attack, he said. Bellemare said he would emphasize this point in his remarks to the press following the Council discussion. Status of Investigation -------------- ¶4. (C) Amb. Khalilzad pressed Bellemare for more specifics on the status of investigation, noting that a clearer picture would help the United States meet Bellemare's requests for assistance more effectively. Bellemare remained tight-lipped, although he told Amb. Khalilzad on the margins of the meeting that he would be more forthcoming when he meets with U.S. officials in Washington on April 9-10. Bellemare emphasized that UNIIIC would move "as expeditiously as possible," but expressed frustration that he could not predict when his investigation would be done. In this regard, Bellemare said UNIIIC could move faster with more resources and assistance from states and then reiterated his request (refs A, B) for experienced counterterrorism investigators to help UNIIIC re-interview a number of witnesses. Bellemare also asked for investigators with "military analysis" expertise who can help UNIIIC as it faces a hostile INTELLIGENCE service. Bellemare shared his view that the United States, through its INTELLIGENCE contacts, could help him determine whether he is taking his investigation in the proper direction or whether he should pursue different approaches or leads. Transition from the UNIIIC to the STL -------------- ¶5. (C) Amb. Khalilzad also sought Bellemare's views on the transition from the UNIIIC to the STL, including whether the Security Council should extend the UNIIIC mandate, whether USUN NEW Y 00000316 002 OF 002 the Council in doing so could say it was granting UNIIIC's last extension, and whether Bellemare could serve simultaneously as UNIIIC Commissioner and STL Prosecutor. Bellemare said UNIIIC's mandate needed to be extended, to allow more time for the investigation, so that when he begins working as the STL Prosecutor he can move quickly to seek indictments from the STL's pre-trial judge. More importantly, Bellemare said he needs to preserve UNIIIC's Chapter VII authority and to be able to continue the Commission's involvement with the Lebanese investigation of the other 20 attacks, which he called a "key tool" that is helping to developing important leads into the Hariri case. In this regard, Bellemare noted that the STL Statute leaves unclear the question of whether he, as Prosecutor, could continue to investigate the 20 other attacks without first establishing that they are connected to the Hariri attack. ¶6. (C) Bellemare said he had discussed the issue at length with Lebanese Justice Minister Rizk (refs C, D),who agreed that UNIIIC's mandate should be extended but cautioned that the decision to do so must be packaged in a way that is not detrimental to the STL. Bellemare acknowledged that the issue is "not easy." To send a strong political message that the STL is irrevocable, Bellemare suggested that the resolution to extend the UNIIIC mandate should stress the momentum the UN has already achieved and put suspects on notice that there will be no impunity for their acts. On the other hand, Bellemare said it would not be useful to characterize the extension as the Council's last, since he might find it necessary to request another one. Instead, Bellemare suggested that the Secretary-General might announce that the STL would enter its substantive phase at the beginning of 2009, if the Secretary-General and Council members decided that they must adopt a specific timeframe for the transition from UNIIIC to the STL. ¶7. (C) Amb. Khalilzad also pressed Bellemare for his views on whether he could be double-hatted as UNIIIC Commissioner and STL Prosecutor. Bellemare expressed "strong reservations" about that option, which he said would put him in a "schizophrenic situation," "muddy the waters legally," and thus potentially enhance the defense. Among other things, Bellemare noted that he would have to report to the Security Council as long as the UNIIIC's mandate continues. Doing so while acting simultaneously as Prosecutor would put him in a difficult situation, potentially creating the perception that he could not perform independently as the Prosecutor and exposing him to future attacks from the defense. He also expressed concern that, because his functions as Commissioner and Prosecutor would be different, he could be accused of abusing his powers. Instead, Bellemare said it would be better to extend UNIIIC's mandate until December 31 and have him assume his duties as Prosecutor on January 1, 2009. ¶8. (C) Finally, Bellemare said he would request an extension of UNIIIC's mandate when he briefs the Council on April 8. Arguing that it is up to the Council to decide on the duration of UNIIIC's mandate, Bellemare said he would not specify how much time he needs. Khalilzad