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Monday, 08 June 2009 10:11

Annex UNSC R1757 - Agreement between the United Nations and the Lebanese Republic on the establishment of a Special Tribunal for Lebanon

Whereas the Security Council, in its resolution 1664 (2006) of 29 March 2006, which responded to the request of the Government of Lebanon to establish atribunal of an international character to try all those who are found responsible for the terrorist crime which killed the former Lebanese Prime Minister Rafiq Haririand others, recalled all its previous resolutions, in particular resolutions 1595 (2005) of 7 April 2005, 1636 (2005) of 31 October 2005 and 1644 (2005) of 15 December 2005,

Whereas the Security Council has requested the Secretary-General of the United Nations (hereinafter “the Secretary-General”) “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 the Secretary-General’s report of 21 March 2006 (S/2006/176) and the views that have been expressed by Council members,

Whereas the Secretary-General and the Government of the Lebanese Republic(hereinafter “the Government”) have conducted negotiations for the establishment of a Special Tribunal for Lebanon (hereinafter “the Special Tribunal” or “the Tribunal”),

Now therefore the United Nations and the Lebanese Republic (hereinafterreferred to jointly as the “Parties”) have agreed as follows:

Article 1 Establishment of the Special Tribunal

  1. There is hereby established a Special Tribunal for Lebanon to prosecute persons responsible for the attack of 14 February 2005 resulting in the death offormer Lebanese Prime Minister Rafiq Hariri and in the death or injury of other persons. If the tribunal finds that other attacks that occurred in Lebanon between1 October 2004 and 12 December 2005, or any later date decided by the Parties and with the consent of the Security Council, are connected in accordance with the principles of criminal justice and are of a nature and gravity similar to the attack of14 February 2005, it shall also have jurisdiction over persons responsible for such attacks. This connection includes but is not limited to a combination of the following elements: criminal intent (motive), the purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi) and the perpetrators.
  2. The Special Tribunal shall function in accordance with the Statute of the Special Tribunal for Lebanon. The Statute is attached to this Agreement and forms an integral part thereof.

Article 2 Composition of the Special Tribunal and appointment of judges

  1. The Special Tribunal shall consist of the following organs: the Chambers, the Prosecutor, the Registry and the Defence Office.
  2. The Chambers shall be composed of a Pre-Trial Judge, a Trial Chamber and anAppeals Chamber, with a second Trial Chamber to be created if, after the passage ofat least six months from the commencement of the functioning of the Special Tribunal, the Secretary-General or the President of the Special Tribunal so requests.
  3. The Chambers shall be composed of no fewer than eleven independent judges and no more than fourteen such judges, who shall serve as follows:

(a) A single international judge shall serve as a Pre-Trial Judge;

(b) Three judges shall serve in the Trial Chamber, of whom one shall be aLebanese judge and two shall be international judges;

(c) In the event of the creation of a second Trial Chamber, that Chambershall be likewise composed in the manner contained in subparagraph (b) above;

(d) Five judges shall serve in the Appeals Chamber, of whom two shall beLebanese judges and three shall be international judges; and

(e) Two alternate judges, of whom one shall be a Lebanese judge and oneshall be an international judge.

  1. The judges of the Tribunal shall be persons of high moral character,impartiality and integrity, with extensive judicial experience. They shall beindependent in the performance of their functions and shall not accept or seek instructions from any Government or any other source.
  2. (a) Lebanese judges shall be appointed by the Secretary-General to serve inthe Trial Chamber or the Appeals Chamber or as an alternate judge from a list of twelve persons presented by the Government upon the proposal of the Lebanese Supreme Council of the Judiciary;
    (b) International judges shall be appointed by the Secretary-General to serve as Pre-Trial Judge, a Trial Chamber Judge, an Appeals Chamber Judge or an alternate judge, upon nominations forwarded by States at the invitation of the Secretary-General, as well as by competent persons;
    (c) The Government and the Secretary-General shall consult on the appointment of judges;
    (d) The Secretary-General shall appoint judges, upon the recommendation ofa selection panel he has established after indicating his intentions to the Security Council. The selection panel shall be composed of two judges, currently sitting on or retired from an international tribunal, and the representative of the Secretary-General.
  1. At the request of the presiding judge of a Trial Chamber, the President of theSpecial Tribunal may, in the interest of justice, assign alternate judges to be present at each stage of the trial and to replace a judge if that judge is unable to continue sitting.
  2. Judges shall be appointed for a three-year period and may be eligible for reappointment for a further period to be determined by the Secretary-General inconsultation with the Government.
  3. Lebanese judges appointed to serve in the Special Tribunal shall be given fullcredit for their period of service with the Tribunal on their return to the Lebanese national judiciaries from which they were released and shall be reintegrated at alevel at least comparable to that of their former position.
Article 3 Appointment of a Prosecutor and a Deputy Prosecutor
  1. The Secretary-General, after consultation with the Government, shall appoint a Prosecutor for a three-year term. The Prosecutor may be eligible for reappointmentfor a further period to be determined by the Secretary-General in consultation with the Government.
  2. The Secretary-General shall appoint the Prosecutor, upon the recommendationof a selection panel he has established after indicating his intentions to the Security Council. The selection panel shall be composed of two judges, currently sitting on or retired from an international tribunal, and the representative of the Secretary-General.
  3. The Government, in consultation with the Secretary-General and the Prosecutor, shall appoint a Lebanese Deputy Prosecutor to assist the Prosecutor inthe conduct of the investigations and prosecutions.
  4. The Prosecutor and the Deputy Prosecutor shall be of high moral character and possess the highest level of professional competence and extensive experience in theconduct of investigations and prosecutions of criminal cases. The Prosecutor and theDeputy Prosecutor shall be independent in the performance of their functions andshall not accept or seek instructions from any Government or any other source.
  5. The Prosecutor shall be assisted by such Lebanese and international staff as may be required to perform the functions assigned to him or her effectively and efficiently.

Article 4 Appointment of a Registrar

  1. The Secretary-General shall appoint a Registrar who shall be responsible for the servicing of the Chambers and the Office of the Prosecutor, and for the recruitment and administration of all support staff. He or she shall also administer the financial and staff resources of the Special Tribunal.
  2. The Registrar shall be a staff member of the United Nations. He or she shall serve a three-year term and may be eligible for reappointment for a further period tobe determined by the Secretary-General in consultation with the Government.

Article 5 Financing of the Special Tribunal

1. The expenses of the Special Tribunal shall be borne in the following manner:

  1. Fifty-one per cent of the expenses of the Tribunal shall be borne byvoluntary contributions from States;
  2. Forty-nine per cent of the expenses of the Tribunal shall be borne by theGovernment of Lebanon.

2. It is understood that the Secretary-General will commence the process of establishing the Tribunal when he has sufficient contributions in hand to finance the establishment of the Tribunal and twelve months of its operations plus pledges equal to the anticipated expenses of the following 24 months of the Tribunal’s operation. Should voluntary contributions be insufficient for the Tribunal to implement its mandate, the Secretary-General and the Security Council shall explore alternate means of financing the Tribunal.

Article 6 Management Committee

The parties shall consult concerning the establishment of a Management Committee.

Article 7 Juridical capacity

The Special Tribunal shall possess the juridical capacity necessary:

  1. To contract;
  2. To acquire and dispose of movable and immovable property;
  3. To institute legal proceedings;
  4. To enter into agreements with States as may be necessary for the exerciseof its functions and for the operation of the Tribunal.

Article 8 Seat of the Special Tribunal

  1. The Special Tribunal shall have its seat outside Lebanon. The location of the seat shall be determined having due regard to considerations of justice and fairnessas well as security and administrative efficiency, including the rights of victims and access to witnesses, and subject to the conclusion of a headquarters agreement between the United Nations, the Government and the State that hosts the Tribunal.
  2. The Special Tribunal may meet away from its seat when it considers it necessary for the efficient exercise of its functions.
  3. An Office of the Special Tribunal for the conduct of investigations shall be established in Lebanon subject to the conclusion of appropriate arrangements withthe Government.

Article 9 Inviolability of premises, archives and all other documents

  1. The Office of the Special Tribunal in Lebanon shall be inviolable. The competent authorities shall take appropriate action that may be necessary to ensure
  2. that the Tribunal shall not be dispossessed of all or any part of the premises of the Tribunal without its express consent.
  3. The property, funds and assets of the Office of the Special Tribunal inLebanon, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference,whether by executive, administrative, judicial or legislative action.
  4. The archives of the Office of the Special Tribunal in Lebanon, and in general all documents and materials made available, belonging to or used by it, whereverlocated and by whomsoever held, shall be inviolable.

Article 10 Funds, assets and other property

The Office of the Special Tribunal, its funds, assets and other property inLebanon, wherever located and by whomsoever held, shall enjoy immunity fromevery form of legal process, except insofar as in any particular case the Tribunal hasexpressly waived its immunity. It is understood, however, that no waiver of immunity shall extend to any measure of execution.

Article 11 Privileges and immunities of the judges, the Prosecutor, the Deputy Prosecutor,the Registrar and the Head of the Defence Office

  1. The judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Headof the Defence Office, while in Lebanon, shall enjoy the privileges and immunities,exemptions and facilities accorded to diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations of 1961.
  2. Privileges and immunities are accorded to the judges, the Prosecutor, theDeputy Prosecutor, the Registrar and the Head of the Defence Office in the interest of the Special Tribunal and not for the personal benefit of the individualsthemselves. The right and the duty to waive the immunity in any case where it can be waived without prejudice to the purposes for which it is accorded shall lie withthe Secretary-General, in consultation with the President of the Tribunal.

Article 12 Privileges and immunities of international and Lebanese personnel

1. Lebanese and international personnel of the Office of the Special Tribunal,while in Lebanon, shall be accorded:

(a)Immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity. Such immunity shall continueto be accorded after termination of employment with the Office of the SpecialTribunal;
(b)Exemption from taxation on salaries, allowances and emoluments paid to them.

2. International personnel shall, in addition thereto, be accorded:

(a) Immunity from immigration restriction;

(b) The right to import free of duties and taxes, except for payment forservices, their furniture and effects at the time of first taking up their official duties in Lebanon.

3. The privileges and immunities are granted to the officials of the Office of the Special Tribunal in the interest of the Tribunal and not for their personal benefit. The right and the duty to waive the immunity in any case where it can be waived without prejudice to the purpose for which it is accorded shall lie with the Registrar of the Tribunal.

Article 13 Defence counsel

  1. The Government shall ensure that the counsel of a suspect or an accused who has been admitted as such by the Special Tribunal shall not be subjected, while in Lebanon, to any measure that may affect the free and independent exercise of his or her functions.
  2. In particular, the counsel shall be accorded:
    (a)Immunity from personal arrest or detention and from seizure of personal baggage;
    (b)Inviolability of all documents relating to the exercise of his or her functions as a counsel of a suspect or accused;
    (c)Immunity from criminal or civil jurisdiction in respect of words spoken or written and acts performed in his or her capacity as counsel. Such immunity shall continue to be accorded after termination of his or her functions as a counsel of a suspect or accused;
    (d)Immunity from any immigration restrictions during his or her stay aswell as during his or her journey to the Tribunal and back.

Article 14 Security, safety and protection of persons referred to in this Agreement

The Government shall take effective and adequate measures to ensure theappropriate security, safety and protection of personnel of the Office of the SpecialTribunal and other persons referred to in this Agreement, while in Lebanon. It shall take all appropriate steps, within its capabilities, to protect the equipment andpremises of the Office of the Special Tribunal from attack or any action thatprevents the Tribunal from discharging its mandate.

Article 15 Cooperation with the Special Tribunal

  1. The Government shall cooperate with all organs of the Special Tribunal, in particular with the Prosecutor and defence counsel, at all stages of the proceedings. It shall facilitate access of the Prosecutor and defence counsel to sites, persons andrelevant documents required for the investigation.
  2. The Government shall comply without undue delay with any request for assistance by the Special Tribunal or an order issued by the Chambers, including, but not limited to:
    (a) Identification and location of persons;
    (b) Service of documents;
    (c) Arrest or detention of persons;
    (d) Transfer of an indictee to the Tribunal.

Article 16 Amnesty

The Government undertakes not to grant amnesty to any person for any crimefalling within the jurisdiction of the Special Tribunal. An amnesty already granted inrespect of any such persons and crimes shall not be a bar to prosecution.

Article 17 Practical arrangements

With a view to achieving efficiency and cost-effectiveness in the operation ofthe Special Tribunal:

(a)Appropriate arrangements shall be made to ensure that there is a coordinated transition from the activities of the International IndependentInvestigation Commission, established by the Security Council in its resolution1595 (2005), to the activities of the Office of the Prosecutor;

(b)Judges of the Trial Chamber and the Appeals Chamber shall take officeon a date to be determined by the Secretary-General in consultation with thePresident of the Special Tribunal. Pending such a determination, judges of bothChambers shall be convened on an ad hoc basis to deal with organizational mattersand serving, when required, to perform their duties.

Article 18 Settlement of disputes

Any dispute between the Parties concerning the interpretation or application ofthis Agreement shall be settled by negotiation or by any other mutually agreed uponmode of settlement.

Article 19 Entry into force and commencement of the functioning of the Special Tribunal

  1. This Agreement shall enter into force on the day after the Government has notified the United Nations in writing that the legal requirements for entry into force have been complied with.
  2. The Special Tribunal shall commence functioning on a date to be determined by the Secretary-General in consultation with the Government, taking into account the progress of the work of the International Independent Investigation Commission.

Article 20 Amendment

This Agreement may be amended by written agreement between the Parties.

Article 21 Duration of the Agreement

  1. This Agreement shall remain in force for a period of three years from the dateof the commencement of the functioning of the Special Tribunal.
  2. Three years after the commencement of the functioning of the Special Tribunal the Parties shall, in consultation with the Security Council, review the progress of the work of the Special Tribunal. If at the end of this period of three years the activities of the Tribunal have not been completed, the Agreement shall be extended to allow the Tribunal to complete its work, for a further period(s) to be determinedby the Secretary-General in consultation with the Government and the Security Council.
  3. The provisions relating to the inviolability of the funds, assets, archives anddocuments of the Office of the Special Tribunal in Lebanon, the privileges andimmunities of those referred to in this Agreement, as well as provisions relating todefence counsel and the protection of victims and witnesses, shall survive termination of this Agreement.

In witness whereof, the following duly authorized representatives of theUnited Nations and of the Lebanese Republic have signed this Agreement.

Done at __________ on __________ 2006, in three originals in the Arabic, Frenchand English languages, all texts being equally authentic.

For the United Nations:

For the Lebanese Republic:

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Last modified on Thursday, 11 August 2011 10:40

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