Lebanon: UN force commander confers with prime minister on security in south

19 November 2009 – The military chief of United Nations peacekeepers in Lebanon today met separately with Prime Minister Saad Hariri and Parliament Speaker Nabih Berri to discuss the security situation in the south of the country.
UN Interim Force in Lebanon (UNIFIL) Commander Major General Claudio Graziano said afterward he told Mr. Hariri of the mission’s readiness to continue to work with the Lebanese Army and the Government on common objectives towards implementing the Security Council resolution adopted in 2006 on the cessation of hostilities between Israel and Hizbollah militants.

Resolution 1701 expanded UNIFIL, which currently has nearly 13,000 military personnel in south Lebanon, and called for an end to hostilities, respect for the so-called Blue Line separating the Israeli and Lebanese sides, the disarming militias and an end to arms smuggling.

Hizbollah has not disarmed, and earlier this month Special Coordinator for Lebanon Michael Williams said sporadic rocket launches into Israel, almost daily Israeli flights over Lebanon, the active maintenance of an arms depot by Hizbollah and the apparently Israeli surveillance equipment left on Lebanese territory raised the spectre of a potential escalation.

UN ready to work with new Lebanese government, says Secretary-General

11 November 2009 – Secretary-General Ban Ki-moon today reiterated the readiness of the United Nations to work with the new unity government in Lebanon in tackling the challenges facing the country.
Mr. Ban spoke by phone today with President Michel Sleiman and separately with Prime Minister-designate Saad Hariri, congratulating them on the appointment of a new Cabinet.

“He expressed his hope that the new Lebanese Government will be committed to the full implementation of resolution 1701,” said UN spokesperson Marie Okabe, referring to the Security Council resolution that helped to end the August 2006 war between Israel and Hizbollah.

The resolution also called for respect for the so-called Blue Line separating the Israeli and Lebanese sides, disarming of militias and an end to arms smuggling.

Yesterday the UN Special Coordinator for Lebanon said that all sides must do more to translate the cessation of hostilities into a permanent ceasefire, citing recent “worrying incidents” in southern Lebanon, including rocket launches and air violations.

“While welcoming the parties’ stated commitment to resolution 1701, which is critical, we also stress the need for more tangible steps to facilitate forward movement in the direction of a permanent ceasefire and a long-term solution,” Michael Williams told the press after briefing the Council on the Secretary-General’s latest report on the implementation of resolution 1701.

Lebanon and Israel must do more to achieve permanent ceasefire – UN envoy

10 November 2009 – Despite recent “worrying incidents” in southern Lebanon, where Israel and Hizbollah militants battled fiercely three years ago, talk of a new war is alarmist, but all sides must do more to translate the cessation of hostilities into a permanent ceasefire, a senior United Nations official warned today.
“The Secretary-General condemns all violation of resolution 1701, whether in the form of rocket launches, air land or sea violations, the active maintenance of an arms depot or the use of surveillance equipment on sovereign Lebanese territory,” Special Coordinator for Lebanon Michael Williams told reporters after briefing the Security Council on the latest developments.

Resolution 1701, adopted by the Council in August 2006, called for an end to hostilities between Israel and Hizbollah, respect for the so-called Blue Line separating the Israeli and Lebanese sides, disarming of militias and an end to arms smuggling. Hizbollah, which has not disarmed, is part of a new unity government formed in Lebanon yesterday.

The rocket launches into Israel, the almost daily Israeli flights over Lebanon, the arms depot maintained by Hizbollah and the apparently Israeli surveillance equipment left on Lebanese territory raise the spectre of a potential escalation. But the cessation of hostilities that followed the adoption of 1701 “has actually held remarkably well,” Mr. Williams said, calling this a tribute to the UN peacekeeping force known as UNIFIL, the Lebanese and the Israelis.

“To the best of my knowledge… probably no other country in the world – probably, I may be wrong – is subject to such an intrusive regime of aerial surveillance [as Lebanon],” he noted. “Now we also have other events, the discovery of listening devices which almost certainly seem to have been left by the Israelis. Are these violations? Yes, of course they’re violations of 1701.”

He called for more to be done to safeguard what has been achieved in the past three years. “While welcoming the parties’ stated commitment to resolution 1701, which is critical, we also stress the need for more tangible steps to facilitate forward movement in the direction of a permanent ceasefire and a long-term solution,” he said.

“Lebanon, Israel and the international community must be vigilant and undertake greater efforts in the coming period to allow us to move forward.”

Asked whether he would categorically say that there was no arms smuggling into Lebanon, he replied: “No I would not say that… it’s an established fact that Lebanon does not have an active border control regime in the way that most countries have on their borders.”

He cited UN missions in 2007 and 2008 that called the borders “very, very porous. Now that’s an objective and scientific assessment of what pertains on the borders. What they were not in a position to say is what may or may not come across the borders,” he added.

As Secretary-General Ban Ki-moon did yesterday, Mr. Williams congratulated the new national unity government, noting the challenges facing it in the economic, political and social fields as well as in exercising its authority throughout the whole country.

Ban calls on new Lebanese cabinet to fulfil terms ending Israeli-Hizbollah war

9 November 2009 – Secretary-General Ban Ki-moon today urged Lebanon’s new national unity government to fully implement the Security Council resolution that ended the war between Israel and Hizbollah three years ago.
That resolution called for an end to hostilities between Israel and Hizbollah militants, respect for the so-called Blue Line separating the Israeli and Lebanese sides, disarming of militias and an end to arms smuggling. Hizbollah, which has not disarmed, is part of the new unity government.

Mr. Ban said in a report to the Council last month that disbanding militias, especially Hizbollah, was “of vital importance” to Lebanon’s democracy and sovereignty.

In a statement issued today by his spokesperson, he voiced satisfaction that, five months after elections, Lebanese political leaders had been able to agree on the new cabinet. “The Secretary-General hopes that Lebanese political leaders will continue to work together in a spirit of unity, dialogue and cooperation,” the statement said.

Mr. Ban urged the new Government to quickly take up the challenges that remain to consolidate both the sovereignty of Lebanon and the institutional capacity of the Lebanese state, as called for in several accords and Security Council resolutions.

The UN played a role in trying to bridge the gap between the parties to a unity government with Special Coordinator for Lebanon Michael Williams meeting with the various factions. On Friday he conferred with Prime Minister Saad Hariri and Speaker of the Parliament Nabih Berri.

New York, 9 November 2009 - Statement attributable to the Spokesperson for the Secretary-General on the formation of a Government of Lebanon

The Secretary-General welcomes the formation of a national unity government in Lebanon. He expresses his satisfaction that, five months after the parliamentary elections of 7 June, Lebanese political leaders have been able to reach agreement on the formation of a cabinet. The Secretary-General hopes that Lebanese political leaders will continue to work together in a spirit of unity, dialogue and cooperation.

The Secretary-General calls on the new Government of Lebanon to recommit to the full implementation of Security Council resolution 1701. He also urges the new Government to quickly take up the challenges that remain to consolidating both the sovereignty of Lebanon and the institutional capacity of the Lebanese state, as called for in the Taif Agreement and Security Council resolutions.

The Special Tribunal for Lebanon further refines its Rules of Procedure and Evidence

In October 2009, the Judges of the Special Tribunal for Lebanon (STL) met in plenary session for the second time this year. One of the important items on the agenda was the consideration of proposals for amendments to the Rules of Procedure and Evidence (RPE), which were adopted in March and amended in June of this year.
The amendments to the RPE adopted by the Judges in the second plenary were agreed to in light of the experiences gained to date by the STL, and are aimed at further enhancing the efficiency, effectiveness and integrity of the proceedings. The amendments, covering a range of Rules and relating to various stages of the proceedings, were made in accordance with Article 28 of the Statute, which provides the Judges with the power to adopt Rules of Procedure and Evidence and to amend them as appropriate. In this way the Rules - and their regular review - can ensure that the STL is properly equipped with the necessary legal procedures to hold efficient and effective proceedings and thereby implement the mandate entrusted to it by the Statute.

The most significant amendments include:

an increased consultation and coordination between the President and the Registrar on administrative and judicial support functions (Rule 39);

a mechanism for the Prosecutor to provide the Pre-Trial Judge during the investigative stage with documents and information which will assist the Pre-Trial Judge to carry out his functions and to review and confirm any indictment that may be submitted to him (Rule 88);

a strengthening of the regime for protecting witnesses at all stages of the proceedings, including the investigation stage, as well as after proceedings have concluded (Rules 50, 115, 133, 166);

the addition of procedures to ensure that victims who participate in the proceedings will be on an equal footing to the parties in terms of receiving necessary documents, and being subject to disclosure obligations including the obligation to disclose exculpatory evidence (Rules 87, 112 bis, 113, 114);

the extension of “in absentia proceedings” to all stages of the proceedings before the STL and not only the trial stage (Rules 106, 108);

the inclusion of two new contempt provisions which will not operate retrospectively but only prospectively. The first covers the situation when a person during questioning knowingly and willfully makes a statement which he knows is false and which he knows may be used as evidence in proceedings before the Tribunal. The second relates to when a person threatens, intimidates, or - by statements which are untrue and the publication of which runs counter to or is inconsistent with freedom of expression as laid down in international human rights standards - engages in serious and public defamation of a Judge or any other officer of the Tribunal, or offers a bribe to or otherwise seeks to coerce a Judge or any other officer of the Tribunal (Rule 134);

a clarification that the Pre-Trial Judge is empowered to take statements of anonymous witnesses at all stages of the proceedings, while the decision on whether to admit such statements in a trial is one for the Trial Chamber (Rule 93, 159); and

an improvement on rules relating to the appeal stage of the proceedings, including when notices of appeal must be filed and the status of an accused following an appeal (Rule 177 and 189). In addition, amendments of a more technical or stylistic nature were made to a number of other rules.

The amendments to the Rules are posted on the STL website on 6 November 2009, and will enter into force on 17 November 2009, pursuant to Rules 5 and 7 of the Rules of Procedure and Evidence.

At the request of the President, the Judges also discussed the Directive on the Assignment of Defence Counsel which was issued in March of this year and made changes improving its content.

LEBANON: UN ENVOY HOLDS TALKS TO TRY TO END DELAYS ON FORMATION OF GOVERNMENT

New York, Nov 6 2009 1:10PM The United Nations Special Coordinator for Lebanon met today with the country’s Prime Minister-designate and its parliamentary speaker as he continues his efforts to try to help end the political deadlock that has prevented the formation of a government, five months after national elections were held.
Michael Williams held discussions in Beirut with Saad Hariri, Lebanon’s Prime Minister-designate, and with Nabih Berri, the Speaker of the Parliament, according to statements issued by the Special Coordinator’s office.
Mr. Williams said that he and Mr. Berri talked about their mutual concern over the delays in the formation of a government.
“It is difficult to understand why an agreement has not been reached on this so far,” he said in a statement. “We are now at a point where the government should be formed as soon as possible to focus on tackling the many challenges facing the country.
“It remains absolutely critical for Lebanon to have a government, not least to continue with the implementation of resolution 1701,” he added, referring to the Security Council resolution adopted in 2006 that ended that year’s month-long war between Israeli forces and Hizbollah.
The resolution, among other matters, calls for the disbanding of all Lebanese militias, especially Hizbollah, and the full control of all Lebanese territory by its Government.
Mr. Williams said that while he was pleased that a “generally calm atmosphere” had prevailed in southern Lebanon since 2006, “we are also concerned about the frequency of incidents that have taken place recently. Such incidents raise the possibility of an escalation and thus threaten the stability achieved so far.
“Naturally, we are also very, very mindful of the daily violations of Lebanese airspace, of Lebanon’s sovereignty and of resolution 1701 by Israel.” In his latest report on the implementation of the resolution, Secretary-General Ban Ki-moon also voiced serious concern about the recent incidents, which include the firing of rockets from Lebanon into Israel and Israel’s return of fire.
Mr. Williams, following his meeting with Mr. Hariri, commended the Prime Minister-designate for his policy of “open dialogue” regarding the efforts to form a national government.
“The delay in the process of government formation has put many important issues on hold, not least the urgent social and economic issues that affect the daily lives of the Lebanese people,” Mr. Williams stressed

Lebanese Judge Joyce F. Tabet Assumes Functions as Deputy Prosecutor of the Special Tribunal for Lebanon

Leidschendam, 1 November 2009: The Office of the Prosecutor of the Special Tribunal for Lebanon (STL) announces that Lebanese Judge Joyce F. Tabet has assumed her functions as Deputy-Prosecutor of the Tribunal effective 1 November 2009. In accordance with paragraph 4 or article 11 of the STL Statute, the Deputy Prosecutor shall assist the Prosecutor in performing the functions “assigned to him effectively and efficiently.”

Judge Tabet will be based in the Beirut Field Office of the STL where she will assist the Prosecutor in discharging his mandate, including in ensuring liaison and coordination between the Office of the Prosecutor and the relevant Lebanese authorities.
Judge Tabet was selected and appointed in accordance with paragraph 3 of article 3 of the Annex to Resolution 1757 (2007) “Agreement between the United Nations and the Lebanese Republic on the establishment of a Special Tribunal”, which stipulatesthat “the Government [of Lebanon], in consultation with the Secretary-General and the Prosecutor [of the STL], shall appoint a Lebanese Deputy Prosecutor to assist the Prosecutor in the conduct of the investigations and prosecutions.”

The decision of the Lebanese Government to appoint Judge Tabet ad Deputy Prosecutor was announced in the Decree dated 12 June 2009 issued by the Lebanese Minister of Justice and published in the Lebanese Journal Official as decree number 2233.
Paragraph 4 of article 3 of the Annex provides that the Deputy Prosecutor “shall be of high moral character and possess the highest level of professional competence and extensive experience in the conduct of investigations and prosecutions of criminal cases” and that the Deputy Prosecutor “shall be independent in the performance of [his or her] functions” and shall not accept or seek instructions from any Government or any other source.”

Judge Tabet has a long and distinguished career in the Lebanese justice system where she served under different and various capacities since 1979 and her successful career culminated to her appointment in 2002 as General Attorney before the Court de Cassation in Lebanon.

Judge Tabet is a published author in judicial and academic magazines and journals of several articles including in the field of criminal law.

Commenting on Judge Tabet’s assumption of duty, Prosecutor Daniel A. Bellemare stated: “I am fully confident in Mrs. Tabet’s high calibre professionalism and independence. I am equally confident that she will be of valuable assistance to me in discharging my mandate and an asset to the Tribunal as a whole given her impressive career and great wealth of experience and knowledge in the field of justice. I commend her for having accepted this assignment in the service of her country.”