The World Council                                                       THE INTERNATIONAL  of the Cedars Revolution                                            LEBANESE COMMITTEE

www.cedarsrevolution.org                                         For UNSCR 1559

cedarsrevolution@gmail.com                                                         www.UN1559.org

Representing the hopes and aspirations of many millions of Lebanese throughout the Diaspora

April 10, 2007

Memorandum

On the Necessity of Mandating an international Tribunal

Under Chapter Seven of the UN Charter

To try the Terror assassinations in Lebanon

H.E. Ban Ki Moon

Secretary General of the United Nations

Your excellence,

As we congratulate you for your election as Secretary General of the United Nations, especially at this critical conjuncture of international relations and the challenges of Terrorism, human rights and development, we hereby urge you to address the current crisis in Lebanon in the most pressing manner. We, the representatives of the World Council of the Cedars Revolution (WCCR), an INGO which has been working with the United Nations for years to reestablish the sovereignty and freedom of Lebanon and implement all relevant UN resolutions, are submitting the following urgent memorandum: 

Since September 2004, the Security Council of the United Nations has engaged itself in responding to the rapidly developing crisis in Lebanon and has since issued a number of binding resolutions to address the threats to international peace and civilian population in that country. We, the World Council of the Cedars Revolution, representing NGOs inside Lebanon and throughout the Lebanese Diaspora in 23 countries around the world have been assisting the UN with advice and consulting periodically with your office and many missions at the Security Council on these issues since the UN initiatives have begun. Thus, and as we witness the deterioration of the situation in general and the growing challenges to the UN process of stabilizing Lebanon, we first draw your attention to the threats aiming at blocking the judicial procedures, with its consequences then urge you to take the appropriate actions:

 1. Blocking UN judicial process 

In September 2004, the Security Council adopted UNSCR 1559 asking the Syrian occupation forces, other military forces including the Iranian Revolutionary Guards and Terrorist networks training in Lebanon, to pull out from the Lebanese territories. The Resolution asked for the disarming of all remaining militias, which includes Hezbollah’s armed forces and other militias present on Lebanese soil. Such a historic resolution, voted by a strong majority in the council and reinforced by a Security Council Presidential letter signed unanimously during the same month, has put the two demands under international law and UN responsibility: Withdrawal of foreign forces and disarming the militias. Hence, all subsequent obstruction and violence in response to UNSCR 1559 falls under special responsibility of the UN and its main arm of defense: Chapter 7.

The forces targeted by the resolution for compliance, which included the Syrian Government, the Iranian Government, the pro-Syrian Government of Lebanon at the time, Hezbollah’s militia and other armed groups, declared themselves openly opposed to UNSCR 1559 and stated that they will do all they can to stop the implementation of the resolution. Lebanese politicians who opposed the occupation were targeted with Terrorist action. Hence, Minister Marwan Hamade was the victim of a car bomb in the fall of 2004. On February 14, 2005, former Prime Minister Rafiq Hariri and many of his companions were killed by a Terrorist attack in downtown Beirut.  On February 15, 2005, the United Nations Security Council issued a statement calling on the Lebanese government to “bring to justice those who perpetrated, organized and sponsored this heinous terrorist act.” On April 7, 2007 UNSCR 1595 established an International Independent Investigation Commission (IIIC) into the assassination of Prime Minister Rafik Hariri calling it a “terrorist act”. From that moment the UN became responsible for bringing the Terrorists to justice.

The Terrorist forces, regimes and organizations responded to the UN between July and December 2005 by murdering more Lebanese citizens and politicians, including George Hawi, Samir Qassir and Jebran Tueni. UNSCR 1636, voted on October 31, 2005, and UNSCR 1644 adopted on December 15, 2005 moved the investigation under Chapter Seven. But the Terror war against Lebanon’s civil society didn’t stop despite the UN measures. Assassinations, including of Minister Pierre Gemayel during the fall of 2006, intimidations and obstruction of the judicial process are still aimed at crumbling the international Tribunal. Two years of sabotaging of the international justice process has submitted Lebanon to escalating violence and security set backs.

In the last few weeks, a dangerous development threatens to block the establishment of the court, developing grave risks for current and future Terrorism against Lebanon’s civil society and UN legitimacy in international relations. As detailed in the attached memo, signed by the majority of the democratically elected Lebanese Parliament, and addressed to the UN Secretary General, two main allies of the Syrian occupation, the isolated President of the Republic Emile Lahoud and the minority-speaker of the Parliament, Amal Leader Nabih Berri are now trying to block the process of establishing the tribunal. While the majority-backed Lebanese Government of Prime Minister Seniora is moving forward with the UN sponsored process, and the majority in Parliament endorses it, the pro-Syrian political minority in the country, is obstructing it. It is to note that the pro-Syrian politicians are backed by armed militias, still rejecting UNSCR 1559.

2. Dangers to international Peace

M. Secretary General, if the international tribunal is not formed immediately and if legal action continues to be obstructed this will have incalculable consequences on regional and international peace and security. For if the UN cannot protect a civil society from Terrorism targeting its legitimate leaders, the Terrorist attacks will continue against other leaders, Government officials and legislators. Not stopping the murders via the Tribunal will lead to collective murders and mass killings, under UN watch. More clearly, if the international court is obstructed in the assassination of Hariri, Tueni, Gemayel and the other victims, future assassinations taking place across international borders will create mayhem in international relations. The tribunal is a response to Terror attacks condemned by the UNSCR. The UN responsibility is directly engaged in enforcing Peace and security in Lebanon. Failing to quickly move forward with the tribunal will crumble both the credibility of the UN and its legitimacy at a critical time in world politics, and will open the door to many similar Terror attacks against regional and world leaders. The precedent cannot be allowed.

3. The appropriate actions:

Hence, the WCCR and its branches in many countries around the world, in consultation with many Lebanese NGOs call on you to implement the following immediate steps:

a)      Acknowledge reception of the Memo sent to your office by the members of Lebanon’s Parliamentary majority and invite their leaders for a consultation session at the Security Council.

b)      Call for an emergency meeting of the Security Council and issue a resolution to rapidly establish the International Tribunal under Chapter Seven, in view of the imminent threats against Lebanon civil society and its democratically elected institutions.

c)      Establish a special protection and execution force for the Tribunal under direct control of the UNIFIL.

d)      Meanwhile, extend a permanent UN security protection to the members of the Lebanese Parliament who have signed the Memo addressed to the UN. This protection must be extended till the Terror crimes are solved and the perpetrators brought to justice.    

The World Council for the Cedars Revolution and the International Lebanese Committee for the Implementation of UNSCR 1559 remain at the disposal of your office and the Security Council for any assistance and advice,

Sincerely,

Memo prepared on behalf of the WCCR by Professor Walid Phares, General Counsel to the WCCR and ILC 1559 and Senior Fellow, Foundation for the Defense of Democracies. Washington, DC

Signed by:

The World Council of the Cedars Revolution

Dr Rachid Rahme                        Senior Executive Officer                                                                Lebanon

Col. Charbel Barakat                  Intelligence and Security Director                                                    Canada

Eng. Toni Nissi                           UNSCR 1559 Coordinator                                                              Lebanon

Dr Anis Karam                           President World Lebanese Cultural Union WLCU                               USA

Eng. Fadi Bark                          Secretary General World Lebanese Cultural Union                               USA

Attorney John Hajjar                 Chairman International Relations WLCU                                              USA

Attorney Claudia Chater           Legal Advisor UNSCR 1559                                                                 Brazil

Sami Phares                               President Machrek Council (Middle East Minorities)                   Lebanon

Attorney Joanne Fakhre           President North American Continent WLCU                                    USA

Lahez Haddad                            WCCR Council Executive Officer                                            New Zealand

Kamal El Batal                          WCCR Human Rights Officer                                                          Lebanon

Roni Doumit                                WCCR Coordinator                                                                          Europe

Elias Saouk                                WCCR Coordinator                                                                           Sweden

Joseph Sokhen                         UNSCR 1559 Officer                                                                         Lebanon

George Chaya                          Media Coordinator, UNSCR 1559 Officer                                       Argentina

Snr Eng. Eblan Farris               WCCR Communications Director                                                           USA

Sami Khoury                          Former Consul General of Lebanon                                                    Ecuador