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Viewing cable 08USUNNEWYORK329, LEBANON: MOST UNSC MEMBERS BACK UNIIIC EXTENSION

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Reference ID Created Released Classification Origin
08USUNNEWYORK329 2008-04-10 00:59 2011-08-24 16:30 UNCLASSIFIED//FOR OFFICIAL USE ONLY USUN New York
VZCZCXRO8499
OO RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHTRO RUEHVK RUEHYG
DE RUCNDT #0329/01 1010059
ZNR UUUUU ZZH
O 100059Z APR 08 ZDK
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4090
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHOT/AMEMBASSY OTTAWA IMMEDIATE 1026
UNCLAS SECTION 01 OF 02 USUN NEW YORK 000329 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PTER UNSC SY LE
SUBJECT: LEBANON: MOST UNSC MEMBERS BACK UNIIIC EXTENSION 
FOR SIX MONTHS 
 
REF: USUN 316 
 
1. (SBU) Summary.  During a public briefing and then closed 
consultations of the Security Council on April 8, UN 
International Independent Investigation Commission (UNIIIC) 
Commissioner and Prosecutor-designate of the Special Tribunal 
for Lebanon (STL) Daniel Bellemare asked for a six-month 
extension of UNIIIC's mandate (which expires June 15) until 
the end of 2008.  But he warned that he might need to request 
an additional extension once this six-month period expires, 
as the "search for justice must follow its course and cannot 
be rushed."  Bellemare also clarified that he had used both 
the terms "terrorist" and "criminal" in his report to the 
UNSC to describe those who killed Rafiq Hariri, and confirmed 
that UNIIIC's analysis of the political nature of the Hariri 
assassination had not changed.  Most UNSC delegations 
expressed a willingness to respond positively to Bellemare's 
request for an extension of UNIIIC's mandate.  Several 
delegations praised Bellemare for his decision not to release 
names of suspects until the indictment phase and warned 
against any politicization of the work of UNIIIC or the STL. 
In a departure from past Council practice on UNIIIC 
briefings, Russia alone took the floor during the public 
briefing to ask Bellemare to address the fate of the four 
Lebanese generals detained by the GOL since 2005 on the 
recommendation of then-UNIIIC Commissioner Detlev Mehlis, who 
suspected them of involvement in the Hariri assassination. 
Bellemare replied that the four generals were detained by the 
Lebanese authorities based on Lebanese law.  End Summary. 
 
Bellemare Requests Six More Months 
---------------------------------- 
 
2. (SBU) During his public briefing, Bellemare asked the 
Council to consider extending the mandate of UNIIIC beyond 
June 15, 2008, but did not specify for how long.  In closed 
consultations, however, he asked for a six-month extension 
until the end of 2008, but warned that he might come back to 
the Council at that point and request even more time.  He 
emphasized throughout his briefing that the "search for 
justice must follow its course and cannot be rushed."  The 
Commission's work must not be seen as "slow," but 
"deliberate."  As he had in prior bilateral meetings 
(reftel), Bellemare also clarified his use of the phrase 
"criminal network" to describe those who killed Rafiq Hariri. 
 He noted that the report refers to terrorism repeatedly, 
that his use of the word "criminal" must be seen in that 
context, and that UNIIIC's analysis of the political nature 
of the crime had not changed.  In terms of the transition 
from UNIIIC to STL, Bellemare repeated his argument that the 
time between the Prosecutor's assumption of his duties and 
the filing of indictments should be minimized, to manage 
public expectations for the work of the STL. 
 
Most UNSC Members Support UNIIIC Extension 
------------------------------------------ 
 
3. (SBU) Most Council members expressed a willingness to 
respond positively to Bellemare's request that UNIIIC's 
mandate be extended for six months.  Russia said it was 
prepared to consider extending UNIIIC's mandate, but 
reiterated its position that the Commissioner and Prosecutor 
must not function in parallel, and argued that UNIIIC's 
investigation should be completed before the STL begins 
functioning.  Indonesia said it stands ready to discuss a 
UNIIIC extension constructively with other members.  Libya 
argued that UNIIIC should try as hard as possible to complete 
its work by June 15, 2008, so that the STL could begin 
functioning soon.  Further delay in seeing the results of 
UNIIIC's investigation could perpetuate and inflame Lebanon's 
political crisis, Libya argued.  (Note: After the 
consultations, Libyan diplomats told USUN they acknowledged 
the validity of Bellemare's need for additional time and said 
they would not oppose his request for an extension of the 
mandate, assuming the Lebanese support it.  End Note.) 
 
Concerns About Politicization 
----------------------------- 
 
4. (SBU) Several delegations praised Bellemare's insistence 
on adhering to the highest international legal standards and 
warned against any politicization in the work of UNIIIC or 
the STL.  Russia welcomed Bellemare's intention to reveal the 
names of his suspects only in indictments submitted to the 
STL.  Panama praised Bellemare for resisting pressure to wind 
down his investigation prematurely.  Indonesia and South 
Africa expressed concern about the burdens placed on UNIIIC 
by the technical assistance requests into the other 20 
 
USUN NEW Y 00000329  002 OF 002 
 
 
attacks, but Bellemare assured them that UNIIIC's priority 
remains the Hariri investigation, and that these other 
investigations have helped shed light on that crime.  Libya 
beseeched Bellemare to reveal the names of those countries 
that have cooperated with UNIIIC, to "add transparency and 
effectiveness to UNIIIC's work," as well as to reveal which 
countries have provided late responses to the Commission's 
requests for assistance.  Bellemare refused on the grounds 
that revealing such information would prematurely disclose 
the results of his investigation by offering hints about his 
areas of focus. 
 
Russia Raises Four Generals 
--------------------------- 
 
5. (SBU) In a departure from past Council practice on UNIIIC 
briefings, Russia alone took the floor during the public 
briefing to ask Bellemare to address the fate of the four 
Lebanese generals detained by the GOL since 2005 on the 
recommendation of then-UNIIIC Commissioner Detlev Mehlis, who 
suspected them of involvement in the Hariri assassination. 
Bellemare replied in the public briefing that the four 
generals were detained by the Lebanese authorities based on 
Lebanese law.  Although he said he had discussed the matter 
with the Prosecutor-General of Lebanon, as part of his 
ongoing relationship, Bellemare refused to comment on the 
nature of these discussions, to protect the confidentiality 
of his dialogue with his Lebanese counterparts.  During the 
closed consultations, South Africa asked Bellemare 
specifically whether UNIIIC had discussed the case of the 
four generals with the GOL, and suggested that he address 
this issue in his next report to the Council.  Bellemare 
replied that UNIIIC continues to discuss all cases, including 
those of the four generals, with the Lebanese, and said he 
took note of South Africa,s request to raise the issue at a 
later date. 
Khalilzad