Lebanon
Expected Council Action
Lebanon will be on Council members’ minds in February because the mandate of the UN International Independent Investigation Commission (UNIIIC), considering the murder of former Lebanese Prime Minister Rafiq Hariri, is due to expire. However, the Council is expected to let it lapse. The Special Tribunal for Lebanon is scheduled to commence functioning on 1 March.
Key Facts
UNIIIC was established by resolution 1595 in 2005 to assist the Lebanese authorities in their investigation of the Hariri assassination on 14 February 2005. In December 2005, the Council expanded UNIIIC’s mandate to include assistance to the Lebanese authorities investigating other terrorist attacks and political assassinations that took place in Lebanon between 1 October 2004 and 12 December 2005.
The Lebanese government subsequently requested that UNIIIC extend assistance to investigation of new attacks. As a result, UNIIIC has been involved in the investigation of twenty other attacks.
The Special Tribunal was established in 2007 by resolution 1757. Its mandate is to continue to investigate and then prosecute perpetrators of the Hariri assassination. It also has jurisdiction over all other attacks where UNIIIC is assisting in the investigation if it is found that they are connected to the Hariri murder and are of similar nature and gravity. The latest UNIIIC reports indicate that some involved in the Hariri murder were associated with other attacks.
Resolution 1757 noted that the Special Tribunal shall commence functioning on a date to be determined by the Secretary-General in consultation with the Lebanese government, taking into account the progress the investigation.
Key Recent Developments
In his latest report on the Tribunal on 26 November, the Secretary-General said the Tribunal was on track to begin functioning on 1 March. From that date investigations would be led by the Office of the Prosecutor in The Hague. He also indicated that UNIIIC would not need to be prolonged beyond that date. On 18 December the Secretary-General confirmed in a letter to the Council that the Special Tribunal would commence functioning on 1 March.
On 2 December, the Council received Commissioner Daniel Bellemare’s request for an extension of UNIIIC’s mandate to 28 February, so investigations could continue without interruption and operations, staff and assets could gradually be transferred to The Hague.
Bellemare briefed the Council on 17 December. The same day the Council adopted resolution 1852 extending UNIIIC’s mandate until 28 February.
Overall, the situation in Lebanon has been calm in the last two months. However, on 8 January, the firing of three rockets from southern Lebanon into Israel raised fears that this might trigger a wider conflict given the ongoing war between Hamas and Israel in Gaza. The UN Secretary-General condemned this incident and reminded Israel and Hezbollah of their obligations to respect the 2006 ceasefire. Additional troops from the UN Interim Force in Lebanon and Lebanese forces were deployed in the south and patrols intensified to deter further incidents.
Options
A press statement acknowledging the end of UNIIIC’s mandate is a possible option.
Key Issues
The end of UNIIIC means that the investigation will no longer be covered by the provisions of resolution 1636, a key provision of which was a call for states’ cooperation with the investigation. Resolution 1757 and the Tribunal’s statute do not specify whether states other than Lebanon have an obligation to cooperate with the Tribunal.
A related issue is the question of sanctions under resolution 1636. Individual sanctions against suspects can only be designated following decisions by UNIIIC or the Lebanese government. It is unclear whether this issue will be problematic.
Council Dynamics
There is consensus at this stage that UNIIIC’s mandate should be allowed to lapse. At press time there was no urgency for discussing issues relating to the provisions of resolution 1636.
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Resolutions on UNIIIC and the Tribunal |
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Recent UNIIIC Reports |
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Secretary-General’s Reports on the Tribunal |
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Letters from Lebanon and the Secretary-General requesting UNIIIC’s Technical Assistance for Other Cases |
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Other Recent Letters |
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UNIIIC Commissioners |
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Special Tribunal Prosecutor |
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Daniel Bellemare (Canada) |
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Tribunal’s Registrar |
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Robin Vincent (UK) |
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Tribunal Location |
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The Hague, Netherlands |
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Tribunal Cost |
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- Special Tribunal website
- Handbook on the Special Tribunal for Lebanon, International Center for Transitional Justice, 10 April 2008
