Cablegate: Guidance: Uniiic Consultation, December 17, 2008


DE RUEHC #2249 3522120
O 172112Z DEC 08



E.O. 12958: N/A

1. (SBU) This is an action message. USUN is instructed to
vote in favor of a two month extension of the mandate for
the UN Independent International Investigation Commission
(UNIIIC) as provided in the draft resolution at para 3,
below. In explaining the U.S. position on UNIIIC and its
planned successor, the Special Tribunal for Lebanon,
Mission is authorized to draw from points in para 2 below

2. (U) Talking points.

-- I would like to thank Commissioner Bellemare for his
insightful and constructive report. The United States
supports the Commissioner's call for a two-month extension
of UNIIIC to ensure a smooth transition to the
establishment of the Special Tribunal for Lebanon pursuant
to Resolution 1757.

-- The assassination of former Prime Minister Rafiq Hariri
on February 14, 2005 galvanized the Lebanese people to
insist on an end to violence and foreign intervention in
Lebanon's internal affairs. The UN Security Council
responded by adopting Resolution 1595 in April, 2005,
establishing the International Independent Investigation
Commission (UNIIIC), followed by a series of additional

-- Commissioner Bellemare has reported good progress with
the investigation over the past year. We hope the Council
will join us in supporting this two-month extension to
ensure that UNIIIC's efforts are properly incorporated
into the work of the new Tribunal.

-- The United States is the largest single donor to the
Special Tribunal for Lebanon aside from Lebanon itself,
having contributed $14 million for its start-up/first-year
budget. On December 8, 2008, we indicated an anticipated
pledge of $6 million for the Tribunal's second year,
pending Congressional authorization. We would encourage
other states to join in providing financial support to the
Tribunal to ensure its effective, independent operations
in future years.

End talking points.

3. (SBU) Begin text of draft resolution:

The Security Council,

Recalling all its previous relevant resolutions, in
particular resolutions 1595 (2005), 1636 (2005), 1644
(2005), 1664 (2006), 1686 (2006), 1748 (2007), 1757
(2007), 1815 (2008), 1373 (2001) and 1566 (2004),

Reaffirming its strongest condemnation of the 14 February
2005 terrorist bombing, as well as of all other attacks in
Lebanon since October 2004, and reaffirming also that
those involved in these attacks must be held accountable
for their crimes,

Having examined the report of the International
Independent Investigation Commission (S/2008/752) ("The
Commission"), submitted pursuant to resolutions 1595
(2005), 1636 (2005), 1644 (2005), 1686 (2006), 1748 (2007)
and 1815 (2008),

Taking note of the Secretary-General's announcement that
the Special Tribunal for Lebanon (The Tribunal) is fully
on track to commence functioning on 1 March 2009,

Taking note of the Commission's request to extend its
mandate up to 28 February 2009, so that it can continue
its investigation without interruption and gradually
transfer operations, staff and assets to the Hague with a
view to completing the transition by the time the Tribunal
starts functioning,

Taking note of the letter of the Prime Minister of Lebanon
of 4 December 2008 (S/2008/XXX, Enclosure) to the
Secretary-General expressing the hope that the Security
Council will respond favourably to the Commission's

Commending the Commission for its extensive work and the
progress it continues to achieve in the investigation on
all cases within its mandate, and looking forward to
further progress in this regard by the Commission as well
as by the Office of the Prosecutor, once it begins to
operate and takes over the continuation of the
investigation into the death of former Prime Minister
Rafiq Hariri and other cases which may be connected with
the attack of 14 February 2005, in conformity with the
Statute of the Tribunal,

Recognizing the commitment of Member States to the work of
the Commission and underlining the importance of the
continuation of their full cooperation with the Commission
and, once it begins to operate, with the Office of the
Prosecutor, in accordance with resolution 1757 (2007), in
order to enable effective investigations and prosecutions,

1. Welcomes the report of the Commission;

2. Decides to extend the mandate of the Commission until
28 February 2009;

3. Decides to remain seized of the matter.

End draft resolution text.

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