council requests establishment of international tribunal for killing of former
prime minister Hariri/Resolution 1664 (2006) Adopted Unanimously
March 30, 2006 UN
The Security Council today requested Secretary-General Kofi Annan to negotiate an agreement with the Lebanese Government aimed at establishing a tribunal of an international character to try those found responsible for the February 2005 killing of former Lebanese Prime Minister Rafiq Hariri and 22 others.
Unanimously adopting resolution 1664 (2006), the Council welcomed the Secretary-General’s report of 21 March, in which he suggested the best outcome would be a mixed tribunal with both international and Lebanese participation. The Secretary-General added that it would be extremely difficult for the tribunal to be located on Lebanese territory, due to concerns of security, perceptions of objectivity and other factors.
In addition, the Council acknowledged that the adoption of the legal basis of, and framework for, the tribunal would not prejudice the gradual phasing in of its various components, and would not predetermine the timing of the commencement of its operations, which would depend on the progress of the United Nations International Independent Investigation Commission (UNIIIC), set up to probe the 14 February 2005 killing.
Boutros Assaker, Acting Secretary-General of the Ministry of Foreign Affairs and Emigrants of Lebanon, welcomed the adoption of the resolution as a clear indication of the international community’s strong commitment and determination to punish all those involved in the killing. That, in turn, would deter criminals and promote security and stability in Lebanon and throughout the region. He expressed his Government’s readiness to use all available means to arrive at a clear and solid text for the agreement defining the form and working methods of the tribunal, adding that uncovering the truth and trying those involved
would strongly contribute to the consolidation of democracy in Lebanon.
The full text of resolution 1664 (2006) reads as follows:
“Recalling all its previous relevant resolutions, in particular resolutions 1595 (2005) of 7 April 2005, 1636 (2005) of 31 October 2005 and 1644 (2005) of 15 December 2005,
“Reiterating its call for the strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon,
“Mindful of the demand of the Lebanese people that all those responsible for the terrorist bombing that killed former Lebanese Prime Minister Rafiq Hariri and others be identified and brought to justice,
“Recalling the letter of the Prime Minister of Lebanon to the Secretary-General of 13 December 2005 (S/2005/783) requesting inter alia the establishment of a tribunal of an international character to try all those who are found responsible for this terrorist crime and recalling its request to the Secretary-General in its resolution 1644 (2005) to help the Government of Lebanon identify the nature and scope of the international assistance needed in this regard,
“Having examined the report of 21 March 2006 submitted by the Secretary-General pursuant to paragraph 6 of resolution 1644 (2005) (S/2006/176), and welcoming the common understanding reached between the Secretariat and the Lebanese authorities on the key issues regarding the establishment and the main features of a possible tribunal,
“Willing to continue to assist Lebanon in the search for the truth and in holding all those involved in this terrorist attack accountable,
“1. Welcomes the report of the Secretary-General, and requests him 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 his report and the views that have been expressed by Council members;
“2. Acknowledges that the adoption of the legal basis of, and framework for, the tribunal, would not prejudice the gradual phasing-in of its various components and would not predetermine the timing of the commencement of its operations, which will depend on the progress of the investigation;
“3. Requests the Secretary-General to update the Council on the progress of the negotiation as he deems appropriate and to submit in a timely manner for the consideration of the Council a report on the implementation of this resolution, in particular on the draft agreement negotiated with the Lebanese Government, including options for a funding mechanism appropriate to ensure the continued and effective functioning of the tribunal;
“4. Decides to remain seized of the matter.”