SPECIAL TRIBUNAL FOR LEBANON MANAGEMENT COMMITTEE

C O N F I D E N T I A L USUN NEW YORK 000180 SIPDIS E.O. 12958: DECL: 02/23/2019 TAGS: PREL UNSC PTER LE SY SUBJECT: SPECIAL TRIBUNAL FOR LEBANON MANAGEMENT COMMITTEE MEETING REPORT -- BELLEMARE SEEKING CHANGE IN SALARY TERMS Classified By: Ambassador Susan E. Rice for reasons 1.4 (b) and (d). ¶1. (C) Summary: At its February 20 meeting, the Special Tribunal for Lebanon (STL) Management Committee discussed the future STL Prosecutor's request for a change in the terms of his employment, to the equivalent compensation of a judge, to compensate for a decrease in his net earnings when he moves from Beirut to The Hague. The Management Committee representatives asked for additional data before making their decision but several members voiced concern about the precedent this would set for other Prosecutors at Tribunals in The Hague. The STL Opening Ceremony is on track for March 1 as a full press event. While the Lebanese media is accurately reporting the dates of the confidential tribunal judges' plenary in The Hague, the UN Department of Safety and Security (DSS) believes this will not impede the plenary from going forward and both DSS and Lebanese security can guarantee the safety of the Lebanese judges when they travel to The Hague for the plenary and then return to Lebanon. The actual appointment of the Lebanese judges, including their identities, will not be publicly released until they have been appointed full-time to the Tribunal and permanently moved to The Hague. The Management Committee will regularly follow fundraising efforts, as only USD 8.2 million has been raised for year two. The Lebanese government has formally committed itself to covering 49 percent of budget costs for future years and is transferring an additional USD 8 million to increase its year one contribution to 49 percent. End summary. Request by Prosecutor for a change in terms of his employment -------------- ¶2. (SBU) Future STL Prosecutor Daniel Bellemare has asked the Management Committee for a change in the terms of his employment. According to his written request to the Management Committee at its February 20 meeting, Bellemare recently realized he will experience a decrease of about USD 7,900 per month between his current net earnings as Commissioner and the standard compensation package of a Prosecutor in The Hague. According to his written request, Bellemare was "expecting that his compensation package as Prosecutor would be comparable to that which he is currently receiving as Commissioner." As his compensation, as currently formulated, derives from his being a staff member of the STL, Bellemare requests that he be considered for the same compensation as an STL Judge. (Note: Both the Prosecutor and an STL Judge occupy the same rank of Under Secretary-General (U/SYG). While Prosecutors are paid according to UN salary scales, judges' salaries are set by decisions of the General Assembly, most recently GA resolution 63/264. End note.) ¶3. (SBU) According to the Registrar who did attend the meeting, STL Judges will make USD 1,737 per month more than an STL staff member at the U/SYG level, such as the Prosecutor. The Registrar noted that if Bellemare forgoes pension and health insurance contributions, as judges do but staff members do not, then the difference in salary will be neutral for the STL budget. The representative on the Management Committee from the UN Office of Legal Affairs noted that the terms of Bellemare's appointment as Prosecutor are the same as all other tribunal prosecutors in The Hague. She said that changing the terms of the Prosecutor's salary would create a discrepancy among Tribunal prosecutors in The Hague, including the ICC, and would set a new precedent for seeking higher pay by Prosecutors. She also clarified that Bellemare's appointment was clearly articulated as at the UN salary scale level of an U/SYG. She noted that the difference in Bellemare's salary between The Hague and Beirut arises because his allowances in The Hague will reflect his residence in The Hague. ¶4. (SBU) The Management Committee did not come to a decision on the matter, as the request was only presented to it 24 hours before. The UK Chair voiced concern with precedence and consistency if the Committee was to change the terms of Bellemare's employment as Prosecutor. Japan voiced concern with setting a precedent for having STL staff turn to the Management Committee to argue for higher salaries, if dissatisfied. Japan also requested the exact breakdown for the difference in salary (USD 7900) between Bellemare's pay as Commissioner and as Prosecutor. Italy posed the question that if the Committee favorably considers Bellemare's request, it might have to consider similar requests from other IIIC staff who will be moving to The Hague from Beirut. PolOff asked for the numerical analysis behind the Registrar's assertion that the increase in salary, if Bellemare were to be paid on the judges, scale, is financially neutral for the STL. She also noted that Washington had not yet taken a final decision on this issue but was concerned about transparency and setting a precedent for prosecutors with other tribunals. (Comment: USUN will forward additional financial information to IO/UNP as soon as it is available to facilitate the Department's decision-making on this question. End note.) STL Opening Ceremony, March 1 -------------- ¶5. (SBU) The March 1 Opening Ceremony is now planned as a full press event, with an official unveiling of the STL logo; opening statements by UN Legal Counsel Patricia O'Brien on behalf of the Secretary-General, the Lebanese Ambassador, a Dutch Foreign Ministry representative, and the Prosecutor; and a press conference. The event will be held in the future STL courtroom, currently a gymnasium. Full coverage is expected by both international and Lebanese press, according to the Registrar's office, with live telecasts and recorded footage. There will be simultaneous interpretation. Fact sheets in English, French, and Arabic covering the Court, Registry, Prosecution, Chambers, and Defense will be distributed at the event. Judges' Plenary -------------- ¶6. (C) The UN's Department of Safety and Security (DSS) briefed the Committee on security issues regarding the tribunal judges' plenary meeting in The Hague. The Lebanese media is accurately reporting the dates of the plenary meeting, but DSS believes this will not impede the plenary going forward and both DSS and Lebanese security can still guarantee the safety of the Lebanese judges when they travel to The Hague for the plenary and then return to Lebanon, respectively. The Lebanese judges, identities remain confidential but each has been individually briefed by the head of STL security on the need for his/her own discretion. DSS will sensitize the international judges on the need for confidentiality on plenary matters, given some observed problems to date with a lack of discretion in e-mail correspondence. DSS still agrees that with the plan to separate the appointment of the Lebanese judges by four to six weeks from the release of their names in order to allow them to be moved securely to The Hague. Fundraising -------------- ¶7. (SBU) The amount of funds pledged for year two of the Tribunal remains insufficient at only USD 8.2 million, including the USD 6 million pledge from the USG. The Management Committee agreed that fundraising will be a regular agenda item with regular and precise updates from the Liaison Officer on the status of fundraising efforts. (Comment: There was no discussion of which Management Committee member would be the focal point for fundraising. End comment.) The Registrar briefed on his meetings with donor states in New York. He believes there is significant support for the Tribunal and expects the financial commitments of year one to be repeated, at a minimum. The Management Committee decided that the Group of Interested States meetings are essentially a donors conference and that no additional donors conferences are necessary. The Management Committee also discussed the possible use of a management consulting firm to assist with fundraising. The Registrar briefed on Hill and Knowlton,s raising of USD 5.8 M for the Special Court for Sierra Leone. The Liaison Officer will circulate a Hill and Knowlton proposal for the STL. The Management Committee decided to put the idea on hold until a later date and agreed that any future request would be competitively bid, regardless of the advance proposal made by Hill and Knowlton. ¶8. (SBU) Japan asked for an estimated breakdown of how the USD 65 million budgeted for years two and three will be spent. The Registrar said that such a breakdown for years two and three will not be feasible until mid-year because of unknown costs. Lebanon reiterated its commitment to pay 49 percent of Tribunal budget costs for 2009 as well as for each of the following years. It is currently in the process of transferring USD 8 million to increase its year one contribution to 49 percent. Rice