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Cablegate: Un Briefs Security Council Members On Lebanon

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PP RUEHAG RUEHAST RUEHBZ RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW
RUEHLA RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUCNDT #0852 2841359
ZNR UUUUU ZZH
P 111359Z OCT 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 2765
INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY
RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHLB/AMEMBASSY BEIRUT PRIORITY 1187
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 8939

UNCLAS USUN NEW YORK 000852

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: KCRM KJUS LE PREL SY
SUBJECT: UN BRIEFS SECURITY COUNCIL MEMBERS ON LEBANON
TRIBUNAL

REF: A. USUN 821

B. USUN 789
C. USUN 783
D. USUN 780

1. Summary: The UN is moving to appoint the principal
officers of the Lebanon Tribunal during October and November.
UN Legal Counsel told Security Council members that a
mechanism has been set up to identify the Tribunal Prosecutor
and Judges before the end of the year. He explained that the
individual selected to serve as Prosecutor will also succeed
Serge Brammertz as Chief of the Investigation Commission. In
a separate development, the Secretary General circulated a
letter (faxed IO) requesting contributions to fund the
Tribunal. End Summary.

2. Under Secretary General for Legal Affairs Nicolas Michel
convened a meeting, October 9, to brief Legal Advisers of
Security Council members on progress in setting up the
Lebanon Tribunal. He said that the Secretary General has
named two judges to serve with his representative (Michel) as
a panel for the selection of the Prosecutor and Judges. The
Secretary General will send a letter soon to the Council

SIPDIS
notifying them of the composition of the panel.

3. The Selection Panel will convene in New York on October
22-23 to organize their work, make a recommendation for the
Prosecutor position and establish a short list for judges.
They are expected to reconvene from November 26 to 29 to
interview candidates for judges on the short list and then
recommend their selections to the Secretary General,


4. Michel noted that the practice with regard to the
appointment of the UN Independent International Investigation
Commissioner (UNIIIC) has been for the Secretary General to
inform the Security Council. He recalled that the term of
the current Commissioner, Serge Brammertz, will end on
December 31, 2007 but the Commission's mandate extends until
June 15, 2008. He said that in order to ensure an element of
continuity in the Commission, Brammertz's successor must be
appointed soon to enable them to work together before
Brammertz departs Beirut. He indicated that, although the
Prosecutor would not be able to function until the judges are
in place, the Commissioner's role would facilitate his smooth
transition to Prosecutor. Michel added that it would not be
automatic that Commission staff would migrate to the Tribunal
but that the Commission would want to retain good staff
members to provide continuity.

5. In response to a question concerning appointment of the
Prosecutor, Michel said that the Prosecutor-elect should be
in place to begin working with Brammertz in November. Clear
decisions, he said, will demonstrate that the process will
not be derailed. Naming the Prosecutor-elect now will
underscore that.

6. Although there was no new ground covered in the briefing,
it was clearly an attempt by the UN Secretariat to bring all
members of the Council into the process, which Michel said
must be "open" and "non-politicized".
KHALILZAD

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