UN adopts resolution 1664 for International Tribunal

The Security Council today requested Secretary-General Kofi Annan to
negotiate an agreement with the Lebanese Government aimed at establishing a
tribunal of an international character to try those found responsible for
the February 2005 killing of former Lebanon's Prime Minister Rafiq Hariri
and 22 others.
Unanimously adopting resolution 1664 (2006), the Council welcomed the
Secretary-General's report of 21 March, in which he suggested the best
outcome would be a mixed tribunal with both international and Lebanese
participation. The Secretary-General added that it would be extremely
difficult for the tribunal to be located on Lebanese territory, due to
concerns of security, perceptions of objectivity and other factors.
In addition, the Council acknowledged that the adoption of the legal basis
of, and framework for, the tribunal would not prejudice the gradual phasing
in of its various components, and would not predetermine the timing of the
commencement of its operations, which would depend on the progress of the
United Nations International Independent Investigation Commission (UNIIIC),
set up to probe the 14 February 2005 killing.
Boutros Assaker, Acting Secretary-General of the Ministry of Foreign Affairs
and Emigrants of Lebanon, welcomed the adoption of the resolution as a clear
indication of the international community's strong commitment and
determination to punish all those involved in the killing. That, in turn,
would deter criminals and promote security and stability in Lebanon and
throughout the region. He expressed his Government's readiness to use all
available means to arrive at a clear and solid text for the agreement
defining the form and working methods of the tribunal, adding that
uncovering the truth and trying those involved would strongly contribute to
the consolidation of democracy in Lebanon.
"My government considers the unanimous vote on this resolution, coupled with
Lebanese consensus on the subject, as a clear indication of the
international community's strong commitment and determination to punish all
those involved in this terrorist crime," he told the Security Council.
By following up on the investigation of Hariri's murder, the tribunal will
"deter criminals and will promote security and stability in Lebanon and
throughout the region," he added.
Mr. Assaker pledged that his Government "will spare no effort" to conclude
negotiations on the matter as quickly as possible.
The resolution, sponsored by the United Kingdom and the United States, also
acknowledges that the adoption of a legal basis for the tribunal "would not
prejudice the gradual phasing-in of its various components and would not
predetermine the timing of the commencement of its operations, which will
depend on the progress of the investigation."
In a preliminary report to the Security Council released a week ago, the
Secretary-General recommended that a mixed tribunal, with both Lebanese and
international participation, would best serve justice.
"That balance would be determined by such important characteristics as the
tribunal's founding instrument, applicable law, location, composition and
financial arrangements," it added.
Among the issues that must be considered, he said, is whether or not all
terrorist attacks in Lebanon since 1 October 2004 should fall into the
jurisdiction of the tribunal, since the Council has raised the possibility
that the UNIIIC could expand its scope.
It noted that Lebanese authorities believe that for security reasons the
court should be established outside Lebanon.
Belgian prosecutor Serge Brammertz, who is currently leading a six-month
U.N. probe of the Feb. 14, 2005 slaying, earlier this month cited progress
in the investigation but stressed that Syrian cooperation would be crucial
to make further headway.
Two previous reports by Brammertz's predecessor, German prosecutor Detlev
Mehlis, had suggested top-level Syrian involvement in the assassination, and
blasted Damascus for failing to cooperate and actively seeking to mislead
the investigation.
Syria, the longtime powerbroker in Lebanon, has denied any involvement in
Hariri's murder and accused the U.N. panel of political bias.

The full text of resolution 1664 (2006) reads as follows:
"Recalling all its previous relevant resolutions, in particular resolutions
1595 (2005) of 7 April 2005, 1636 (2005) of 31 October 2005 and 1644 (2005)
of 15 December 2005,
"Reiterating its call for the strict respect of the sovereignty, territorial
integrity, unity and political independence of Lebanon under the sole and
exclusive authority of the Government of Lebanon,
"Mindful of the demand of the Lebanese people that all those responsible for
the terrorist bombing that killed former Lebanese Prime Minister Rafiq
Hariri and others be identified and brought to justice,
"Recalling the letter of the Prime Minister of Lebanon to the
Secretary-General of 13 December 2005 (S/2005/783) requesting inter alia the
establishment of a tribunal of an international character to try all those
who are found responsible for this terrorist crime and recalling its request
to the Secretary-General in its resolution 1644 (2005) to help the
Government of Lebanon identify the nature and scope of the international
assistance needed in this regard,
"Having examined the report of 21 March 2006 submitted by the
Secretary-General pursuant to paragraph 6 of resolution 1644 (2005)
(S/2006/176), and welcoming the common understanding reached between the
Secretariat and the Lebanese authorities on the key issues regarding the
establishment and the main features of a possible tribunal,
"Willing to continue to assist Lebanon in the search for the truth and in
holding all those involved in this terrorist attack accountable,
"1. Welcomes the report of the Secretary-General, and requests him to
negotiate an agreement with the Government of Lebanon aimed at establishing
a tribunal of an international character based on the highest international
standards of criminal justice, taking into account the recommendations of
his report and the views that have been expressed by Council members;
"2. Acknowledges that the adoption of the legal basis of, and framework for,
the tribunal, would not prejudice the gradual phasing-in of its various
components and would not predetermine the timing of the commencement of its
operations, which will depend on the progress of the investigation;
"3. Requests the Secretary-General to update the Council on the progress of
the negotiation as he deems appropriate and to submit in a timely manner for
the consideration of the Council a report on the implementation of this
resolution, in particular on the draft agreement negotiated with the
Lebanese Government, including options for a funding mechanism appropriate
to ensure the continued and effective functioning of the tribunal;
"4. Decides to remain seized of the matter."