By NNN-KUNA,
United Nations : UN Secretary-General Ban Ki-moon has said that a lot of progress has been made in the establishment of the Hariri Tribunal and that “it’s envisaged” that it will begin its work as early as March 1, depending on the availability of funds for 2010 and 2011.
“On the basis of the progress so far reported … and following consultations” by the UN Legal Counsel with Lebanese Prime Minister Fouad Siniora, and with Daniel Bellemare, the head of the Investigation Commission probing the 2005 assassination of former Lebanese Prime Minister Rafik Hariri, “it is envisaged that the Tribunal will commence functioning on March 1, 2009, ” Ban said in a report to the Security Council Wednesday.
He said that the UN Trust Fund has sufficient contributions in hand for the establishment of the Tribunal and its work during the first 12 months of operations.
However, he added, in light of and following further efforts by the Legal Counsel to increase the amount of financial pledges, “I will make a determination regarding the commencement of functioning of the Special Tribunal.” The council authorised the Tribunal to function if it has enough cash for the first year and enough pledges for the following two years.
Ban said that since his second report submitted to the council last March, “progress has been made in a number of areas, including the location of the seat of the Special Tribunal in The Hague; the appointment of the judges, the Prosecutor, the Registrar; the recruitment of personnel and the fulfilment of the funding requirements.”
Bellemare, who was appointed by Ban last November as the Commissioner of the Investigation Commission, is also scheduled to be the Prosecutor of the Tribunal once it begins its work, presumably on March 1.
“It is anticipated that he (Bellemare) will take up his functions as the Prosecutor on March 1, 2009 following my determination as to whether the Special Tribunal may start functioning on that date,” Ban said.
He explained that Bellemare was appointed to both offices in order to ensure a coordinated transition from the activities of the Investigation Commission to those of the Office of the Prosecutor of the Tribunal.
Ban also noted that although he has already finalised the selection process for both international and Lebanese judges, he will not proceed with their formal appointment or announce their names until all necessary security measures are in place.
Ban also referred in the report to the Management Committee, established last February, whose function is to provide advice and policy direction on all non-judicial aspects of the operation of the Tribunal.
The Commission comprises the representatives of Lebanon, the Netherlands, host of the Tribunal, and all the significant financial contributors, mainly Britain, Canada, France, Germany, Italy, Japan, the US and a UN representative.
The budget proposal before the Management Committee, Ban said, totals USD 51 million for year one, with anticipated expenses of approximately USD 65 million each for years two and three.
Ban also noted that Bellemare will be requesting from the Security Council a two-month extension of the mandate of the Investigation Commission he heads so as to ensure that there is no gap between the end of the Investigation Commission’s mandate, which expires by the end of next month, and the commencement of the functioning of the Tribunal.
On the Tribunal’s budget, Ban said the total amount deposited in the Trust Fund to date is about USD 55.1 million. Of that amount, USD 3.9 million have already been paid for the preparatory work and the presence of an Advance Team in The Hague.
He added that the UN Legal Counsel sent out letters to member states earlier this month inviting them to make further pledges to finance the Tribunal for the second and third years. “Against this background, I will be taking a decision regarding the commencement of the Special Tribunal on March 1, 2009,” Ban said.
“It is my belief that the impending start of the Special Tribunal will send a strong signal that the Government of Lebanon and the United Nations remain committed to ending impunity in Lebanon,” he said.