Cablegate: Special Tribunal for Lebanon - Transition From

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DE RUCNDT #1017/01 3092334
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O 042334Z NOV 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5265
INFO RUEHAD/AMEMBASSY ABU DHABI IMMEDIATE 0138
RUEHLB/AMEMBASSY BEIRUT IMMEDIATE 1502
RUEHRL/AMEMBASSY BERLIN IMMEDIATE 0981
RUEHDM/AMEMBASSY DAMASCUS IMMEDIATE 0422
RUEHKU/AMEMBASSY KUWAIT IMMEDIATE 1312
RUEHOT/AMEMBASSY OTTAWA IMMEDIATE 1098
RUEHRH/AMEMBASSY RIYADH IMMEDIATE 0168
RUEHRO/AMEMBASSY ROME IMMEDIATE 1028
RUEHTV/AMEMBASSY TEL AVIV IMMEDIATE 1961
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 9060

UNCLAS USUN NEW YORK 001017

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PTER EAID UNSC LE
SUBJECT: SPECIAL TRIBUNAL FOR LEBANON - TRANSITION FROM
IIIC TO STL AND STL BUDGET

1. (U) Action request in paragraph eight.

2. (SBU) Summary: Under Secretary-General/Legal Counsel
Patricia O'Brien and International Independent Investigation
Commissioner Daniel Bellemare have agreed that Bellemare
should seek a two-month extension (beyond its December 31,
2008 mandate expiration) from the UN Security Council for the
International Independent Investigation Commission (IIIC) in
order to effect a phased transfer to the Special Tribunal for
Lebanon (STL) which will then commence functioning on March
1, 2009 with Bellemare as Prosecutor. USD 51 million in
contributions are currently available for year one
operations. The STL Management Committee is reviewing a
budget for the Tribunal of USD 51 million if proceedings move
slowly to USD 61 million if proceedings move more rapidly.
The additional USD 10 million still needs to be raised from
donors. Pledges totaling USD 130 million for the Tribunal's
second and third year of operations must be identified,
including from the U.S., in order for the Secretary-General
to consider the Tribunal "financially viable" and therefore
declare it functioning. End summary.

Transition from IIIC to STL
---------------------------

3. (SBU) Under Secretary-General/Legal Counsel Patricia
O,Brien briefed P-3 experts November 3 that she and
International Independent Investigation Commissioner Daniel
Bellemare agreed earlier that day that the International
Independent Investigation Commission (IIIC) should request a
two-month extension from the UN Security Council in order to
effect a phased transition to the Special Tribunal for
Lebanon (STL), which would commence operations March 1.
(Note: According to UNSCR 1815, IIIC's mandate expires
December 31, 2008. End note.) During the two-month
extension, IIIC staff would transfer to the Hague in phases
with Bellemare being the last to transfer at the end of
February. This plan is based on the fact that the STL
Registrar Robin Vincent says it will be chaotic to have the
full IIIC staff transfer in one group for a start date of
January 1 and Bellemare,s preference to not transfer his
whole staff in one group since that would likely slow down
the investigation's momentum. The phased transfer will also
result in budgetary savings since the STL start date will be
March 1 and the UN's regular budget will continue funding
IIIC until then.

STL contributions received
for year one operations
--------------------------

4. (SBU) The U.S. has provided a total of USD 14 million out
of the USD 55 million in funds provided to date for the
Tribunal,s first year of operations. The U.S. is the second
largest donor after Lebanon (which has an obligation to
provide 49 percent of the Tribunal,s budget (though it is
unlikely to meet that obligation in year one since the GOL
initially requested a smaller sum from the Lebanese
Parliament based on an initially smaller Tribunal budget
estimate and is resisting going back to the Parliament for
another disbursement, according to the Lebanese DPR)). Of
that USD 55 million contributed, approximately USD 51 million
remains available for the first year,s budget (about USD 4
million was used for the task force and advance team work).
Other states have contributed the following for year one:

Austria - USD 120,000
Belgium - USD 270,270
Canada - USD 1,023,317
Czech Republic - USD 60,000
France - USD 2,209,862
Germany - USD 1,000,000
Hungary - USD 10,000
Italy - USD 886,080 (remaining balance of USD 1,000,000 will
be deposited this month, according to Italian expert)
Japan - USD 1,000,000
Kuwait - USD 5,000,000
Lebanon - USD 17,185,572
Netherlands - (rent of STL building, equivalent to USD
5,362,766 per year)
Russia - USD 500,000

Sweden - USD 166,390
Turkey - USD 50,000
UK - USD 1,000,000
Regional states - USD 9,999,975

STL Management Committee
Reviewing Budget
------------------------

5. (SBU) The STL Management Committee is considering a
budget that will reflect a range of USD 61 million (if
indictments/trials/detentions move more quickly) to USD 51
million (if indictments/trials/detentions move more slowly).
The proposal before the Management Committee is to authorize
the STL Registrar to spend up to USD 51 million. Should
proceedings move more quickly than currently anticipated,
then the Registrar would return to the Management Committee
for approval to spend from the supplemental USD 10 million in
funding for specific contingency purposes. STL Registrar
Vincent is currently reviewing the previously proposed budget
of USD 67 million to bring it down to USD 61 million and then
separate out USD 10 million in specific contingency
expenditures. (Comment: Mission plans to express its support
of the above budget proposal unless Department provides
alternative instructions by November 7. End comment.) STL
Registrar Vincent told the Committee October 31 that, once
the STL is operational, he plans to send a financial report
to the committee every month and have a financial review
after the first six months.

6. (SBU) Note: The supplemental USD 10 million in funding
still needs to be raised. The Canadian and Dutch members of
the Management Committee said October 31 that their
governments are looking for additional funds to provide to
the STL for year one. In addition, the European Commission
has expressed an interest in providing USD 2 million for year
one, once a budget is finalized, according to the STL Liaison
Officer. End note.

UN Secretariat to send out
fundraising letters seeking
pledges for years two and three
-------------------------------

7. (SBU) In order to declare the STL open for business in
the spring, the Secretary-General, per Article 5 of the
Agreement between the UN and the GOL on the establishment of
the STL (Annex to UNSCR 1757), will need to confirm the
financial viability of the Tribunal by assessing whether
there are sufficient contributions on deposit to cover the
first year,s budget and sufficient pledges from member
states to cover the budget for years two and three. The STL
Registrar Robin Vincent estimates that pledges for years two
and three should total roughly USD 130 million. O'Brien told
the Management Committee October 31 that the UN Secretariat
would shortly issue letters to all member states requesting
funds and pledges for the STL.

Action request
--------------

8. (SBU) As a leading supporter of the STL, the U.S. should
indicate early on its anticipated pledge for years two and
three. Mission requests Department notify it of the
anticipated U.S. pledge amount as soon as possible. End
action request.
Khalilzad

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