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Cablegate: Unsc Extends Uniiic Mandate and Allows Brammertz

VZCZCXRO2110
OO RUEHAST
DE RUCNDT #1226/01 1672117
ZNR UUUUU ZZH
O 162117Z JUN 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9361
INFO RUEHEE/ARAB LEAGUE COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 03 USUN NEW YORK 001226

SIPDIS

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PREL PGOV UNSC SY LE
SUBJECT: UNSC EXTENDS UNIIIC MANDATE AND ALLOWS BRAMMERTZ
TO EXPAND TECHNICAL ASSISTANCE INTO 14 NON-HARIRI
INVESTIGATIONS

REF: A. STATE 97692

B. STATE 96279

USUN NEW Y 00001226 001.2 OF 003


1. (SBU) Summary. The UN Security Council voted unanimously
on June 16 to adopt UNSCR 1686 (text contained in ref A),
which extends the mandate of the UN International Independent
Investigation Commission (UNIIIC) until 15 June 2007 and
"supports the Commission's intention" to extend further its
technical assistance to the Government of Lebanon in its
investigations of the other 14 terror attacks committed in
Lebanon since October 2004. During an open briefing to the
Council on June 15, UNIIIC head Serge Brammertz hewed closely
to his most recent report to the UNSC in outlining progress
in the investigation but refusing to name any names.
Speaking after Brammertz, Lebanese MFA official Assaker
thanked the Council for its support and praised Brammertz for
his professionalism. Syrian Deputy Foreign Minister Mekdad,
also praising the "objectivity and professionalism" of
UNIIIC's latest report, noted that Brammertz had
characterized Syrian cooperation with the Commission as
satisfactory and warned that "certain parties" were trying to
exploit the UNIIIC's efforts to pressure Syria.

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2. (SBU) During closed consultations of the Council following
the open briefing, member states were united in support of
the Commission but split on the issues of Syrian cooperation
and expanding technical assistance to the other 14 attacks.
While suggesting it is more realistic to expect the
investigation to conclude after one year rather than six
months, Brammertz expressed hope the Commission would
register "significant progress" by September 2006. He
averred that 5-10 additional staff members would be
sufficient to provide the Lebanese expanded technical
assistance on the other 14 attacks. During a bilateral
meeting with Ambassador Sanders, Brammertz rejected the idea
that the tribunal could only be established once the
Commission concludes its investigation and noted that the
tribunal's prosecutor could continue the investigation.

Open Briefing Contains Few Surprises
------------------------------------

3. (U) During the open briefing to the Council, Brammertz
delivered remarks that hewed closely to his recent report and
contained no surprises. He outlined progress on the
forensics investigation into the Hariri assassination and
concluded that the attack had been a targeted assassination.
Brammertz reiterated that Syrian cooperation with the UNIIIC
had been "generally satisfactory." While arguing there were
links in intent and modus operandi between the Hariri attack
and the other 14 attacks in Lebanon since October 2004,
Brammertz admitted that he could not yet point to any
evidentiary links. Warning that "no progress" would be made
in these inquiries without increased international support,
he argued that the Commission should adopt "a more proactive
role" in extending technical assistance to the GOL.
Brammertz acknowledged the high expectations for progress in
the UNIIIC investigation and promised that the Commission
would focus in the months ahead on identifying the
perpetrators behind the Hariri attack.

4. (U) Speaking after Brammertz, Lebanese MFA
Secretary-General Boutros Assaker thanked the UNSC for its

SIPDIS
support in the Hariri investigation and praised the
Commissioner for his professionalism and seriousness.
Assaker expressed hope that UNIIIC assistance would enable
the GOL to determine responsibility for the other 14 attacks
as well. He "noted with interest" how the UNIIIC report had
characterized cooperation from "relevant parties" named in
the report, and "encouraged the continuity of this
cooperation." Assaker praised current consultations between
the GOL and the UN Secretariat to draft an agreement
establishing the tribunal, which he said all Lebanese "await
with concern and anticipation."

5. (U) Syrian Deputy Foreign Minister Faysal Mekdad, who
asked to address the Council after learning that Lebanon had
made the same request, praised the "objectivity and
professionalism" of the UNIIIC report. He observed that the
report deemed Syrian cooperation with the Commission
satisfactory, and he pledged that Syria would respond to all
future requests made by the UNIIIC. Mekdad warned that
"certain parties, inside or outside the region," hoped to
exploit the Commission's work by jumping to a priori
conclusions in an effort to pressure the SARG. He argued
that the UNSCRs establishing the Commission require
cooperation from all member states -- not just Syria -- and

USUN NEW Y 00001226 002.2 OF 003


he opined that UNIIIC should continue to operate in a
confidential manner and take the time it needs to bring the

SIPDIS
investigation to the next stage.

Member States All Support UNIIIC
But Split on Expanded Mandate and Syria
---------------------------------------

6. (SBU) During closed consultations, all UNSC member
expressed support for an extension of UNIIIC's mandate. Most
delegations characterized Brammertz's report and briefing to
the Council as professional and detailed. Qatar expressed
hope that the Commission's next report would contain its
conclusions about responsibility for Hariri's assassination.
Russia argued that the tribunal established to try those
responsible for this crime should be based on both Lebanese
and international law, while Peru averred that the court
should have as much Lebanese participation as possible.
Japan asked whether the Commission would be able to conclude
its investigation within one year, and also asked how the
Commission's functions would change once the tribunal is
established.

7. (SBU) Council members offered divergent assessments of
Syrian cooperation with the UNIIIC. Ambassador Sanders,
drawing from ref B, demanded that Syria provide comprehensive
responses to the Commission's questions in all instances --
not just some. The UK, France, and Denmark joined the U.S.
in insisting that Syria "fully and unconditionally" cooperate
with the Commission. Surprisingly, China, while noting that
Syria's cooperation had become "more satisfactory,"
encouraged the SARG to "fully cooperate" with the Commission.
Russia, Qatar, and Greece all praised Syrian cooperation
with the UNIIIC as "positive," while Japan expressed hope
that Syria's cooperation would continue.

8. (SBU) Similar divisions were apparent in the Council on
the issue of whether the UNIIIC should expand its technical
assistance to the GOL in its investigations into the other 14
terror attacks committed in Lebanon since October 2004.
France and Denmark joined the U.S. in supporting the
Commission's intent to provide expanded technical assistance.
While Qatar and Argentina also expressed support for
continued technical assistance, they questioned how much
additional aid the Commission planned to grant the GOL.
Russia and Japan argued that the priority of the UNIIIC's
efforts should be the Hariri assassination, and they both
said they expected Lebanon to strengthen its own capacity
largely on its own. Even the UK observed that
UNSCR 1644's authorization for technical assistance still
applied and that resources should mainly go towards the
Hariri investigation.

Brammertz Slightly More
Forthcoming in Private
----------------------

9. (SBU) After member states delivered their interventions
during closed consultations, Brammertz offered a bit more
detail on his timeline for progress in the investigation.
While
suggesting it is more realistic to expect the investigation
to conclude after one year than six months, he hoped the
Commission would register "significant progress" by September
-- including completion of forensic analysis and substantial
progress in analyzing the communications records it recently
received. On the issue of Syrian cooperation, Brammertz
suggested his efforts to send the Syrians "concrete requests"
with "realistic timetables" had helped elicit maximum
cooperation. He also mentioned that he holds technical
meetings with them every six to eight weeks to ensure the two
sides are communicating well.

10. (SBU) On the issue of providing technical assistance for
the other 14 cases, Brammertz deflected concerns about the
extent of this expanded support by suggesting that "we are
not speaking of large numbers" of additional staff. He
suggested 5-10 additional staff members would be sufficient,
with 2-3 focused on forensics, 2-3 on analysis, and 3-4 on
investigations. Brammertz appealed to the Council to
interpret "technical assistance" in the widest possible way,
to include the Commission conducting interviews if necessary
and extending its forensics capabilities to the GOL for
evidence collected in the other 14 investigations. During a
bilateral meeting with Ambassador Sanders on June 13,
Brammertz said a formal expansion of UNIIIC's mandate -- if
it becomes necessary -- would have to await SYG Annan's

USUN NEW Y 00001226 003.2 OF 003


report on that issue per UNSCR 1644. He estimated that
report might be ready by September 2006.

11. (SBU) Brammertz declined to offer many more details on
the transition from the the UNIIIC to the tribunal during the
closed Council consultations -- except to say that no final
decisions had been made and the SYG would report on UN-GOL
negotiations -- but he was more forthcoming during the
bilateral meeting with Ambassador Sanders. During the
bilateral meeting, he rejected the notion that the tribunal
could only be established once the Commission has completed
its investigation. Noting that the UNIIIC has organized its
work in a way that will enable a smooth handover to a
prosecutor's office, Brammertz suggested the prosecutor could
continue the investigation if the Commission had not yet
reached final conclusions. If the UNIIIC's mandate is
eventually expanded to include the other 14 attacks, but the
Commission concludes its work before those investigations are
complete, Brammertz suggested the prosecutor could have the
discretion to continue those investigations or refer them
back to the GOL.
BOLTON

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