Wikileaks on Condoliza Rice: The International tribunal funding should not pass by the Lebanese Parliament!

E.O. 12958: DECL: 05/07/2007.TAGS: UNSC LE PREL PTER.SUBJECT: GUIDANCE:� ENGAGING ON A DRAFT RESOLUTION ON THESPECIAL TRIBUNAL FOR LEBANON.REF: BEIRUT 611.Classified By: IO A/S Kristen Silverberg, for reasons 1.4 (b) and (d).1.� (C//REL UK and France)� SUMMARY AND ACTION REQUEST:� TheU.S. agrees with the French that a Chapter VII resolutionshould establish the Special Tribunal for Lebanon on thebasis of the Agreement and Statute already negotiated andsigned by the UN and GOL.� It is important that the Councilestablish the Tribunal in a way that as much as possibleleaves its Lebanese character intact and maintains thesubstance of the Tribunal Agreement/Statute.� Before we moveforward in the Council, however, we need to ensure that OLAconcurs that the way the P3 draft establishes the Tribunalhas an adequate legal basis.� There are also a few remainingquestions that must be addressed, specifically, funding,Headquarters Agreement, Chapter VII reference, and selectionof judges.� Department recommends that USUN approach the P-3about addressing these issues per objectives in para 2 below.USUN may share suggested OP resolution text in para 9 belowwith P-3 at its discretion.� End summary and action request.2.� (C//REL UK and France)� OBJECTIVES:� Department requestsUSUN pursue the following objectives with the French andBritish missions and report back to Department:--� Raise our concerns about pursuing a resolution underwhich the Council would decide that the UN-GOL agreementwould enter into force (French preference), and instead pressfor a resolution under which theCouncil would establish the Tribunal directly.� If Frenchcontinue to resist, USUN should further explore OLA and UKviews (including whether OLA would be prepared to agree thatsuch an approach is permissible) and report to Department(see para 3 for background).--� Note that we support assessed funding for the Tribunalbut that we believe Lebanon should nevertheless be encouragedto cover the 49 percent share that would have been requiredunder the original Agreement and believe the resolutionshould include language calling upon Lebanon to provide suchfunding (see para 4 for background).--� Ensure that the resolution provides that the HeadquartersAgreement would be subject to agreement bythe UN and the host country, but not the GOL (see para 5 forbackground).--� Solicit P-3 views on the desirability of having therelevant resolution language state that the Council is takingaction under "Article 41" rather than "Chapter VII" (see para6 for background).--� Note that the Department is seeking additionalinformation (including about the Lebanese SupremeCouncil on the Judiciary) in order to better assess whetherthe issue of the selection of Lebanese judges needs to beaddressed in the resolution, and report back any informationthat others may have discovered (see para 7 for background).--� Raise the desirability of a fuller preambular sectionthat lays out the political background of this issue in moredetail, including the extent to which the GOL has beeninvolved in the negotiation of the agreement, the centralinvolvement of the SYG in developing the text, and theapproval and support that the Council has already expressedfor its content.--� If asked, note that there are a number of potentialissues that we feel are better left unaddressed in theresolution (see para 8 for background).----------Background----------3.� (C//REL UK and France) "Legal basis".� As discussed withOLA on April 26, there are two basic ways that the Tribunalmight be established - either by having the UNSC establish itdirectly, or by having the Council take action that resultsin the Lebanese establishing it (as would have been the caseunder the Tribunal Agreement as originally contemplated,under which the GOL would have acted to create it via anagreement with the UN).Department prefers the former approach - i.e., having theUNSC establish it directly - and believe it will help avoidlegal objections from others (which OLA and the UK appear toshare) about the French approach.� Under the French approach,the UNSC would simply decide that the Agreement negotiated bythe UN and GOL would enter into force.� We anticipate membersraising objections of principle about such an approach,raising concerns that it is impermissible or improper for theUNSC to require states to become parties to agreements towhich they have not in fact agreed, and that such an approachis inconsistent with basic principles related to therequirement for consent under treaty law (including under theVienna Convention on the Law of Treaties).For its part, Department believes that - as a legal matter -it is possible to work around such concerns by having theCouncil impose the substantive obliga ... Source: http://www.tayyar.org/Tayyar/News/PoliticalNews/en-US/wikileaks-rice-tribunal-zek-163.htm Paul Myners Tromso Energy efficiency Disability Psychology Terrorism policy About Me xufieyang View my complete profile Powered by Blogger.