Draft Security Council resolution on Syria, October 2005

Following publication of theMehlis report, the US, France and Britain moved to apply further pressure on Syria to comply with investigations into the assassination of former Lebanese prime minister Rafik Hariri. The document below is a draft Security Council resolution circulated around 26 October 2005.Several amendments were made and it was later approved unanimously as Security Councilresolution 1636.

PP 1. Reaffirming all its previous relevant resolutions, in particular resolutions 1595 (2005), 1373 (2001), 1566 (2004) and 1624 (2005),

PP 2. 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,

PP 3. Reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security,

PP 4. Having examined carefully the report of the IIIC (S/2005/XXX) concerning its investigation into the 14 February, 2005 terrorist bombing in Beirut, Lebanon, that killed former Lebanese Prime Minister Rafiq Hariri and 22 others, and caused injury to dozens of people,

PP 5. Commending the IIIC for the outstanding professional work it has accomplished under difficult circumstances in assisting the Lebanese authorities in their investigation of all aspects of this terrorist act,

PP 6. Commending also the Lebanese authorities for the full cooperation they have provided to the Commission in the discharge of its duties, in accordance with paragraph 3 of resolution 1595 (2005),

PP 7. Recalling that pursuant to its relevant resolutions, all States are required to afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to terrorist acts, and recalling in particular that it had requested in its resolution 1595 (2005) all States and all parties to cooperate fully with the Commission,

PP 8. Taking note of the Commission's findings that although the inquiry has already made considerable progress and achieved significant results, it is of the utmost importance to continue the trail both within and outside Lebanon in order to elucidate fully all aspects of this terrorist act, and in particular to identify and hold accountable all those who bear responsibility in its planning, sponsoring, organization and perpetration,

PP 9. 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 held accountable,

PP 10. Acknowledging in this connection the letter of the Prime Minister of Lebanon to the Secretary-General of 13 October, 2005 (requesting that the mandate of the IIIC be extended to enable the Commission to continue to assist the competent Lebanese authorities in any further investigation of the various dimensions of the terrorist crime,

PP 11. Acknowledging also the concurrent recommendation of the Commission that continued international assistance is needed to help the Lebanese authorities get right to the bottom of this terrorist act, and that a sustained effort on the part of the international community to establish an assistance and cooperation platform together with the Lebanese authorities in the field of security and justice is essential,

PP 12. Willing to continue to assist Lebanon in the search for the truth and in holding those responsible for this terrorist act accountable for their crime,

PP 13. Calling upon all States to extend assistance to the Lebanese authorities and to the Commission they may need and request in connection with the inquiry,

PP 14. Reaffirming its profound commitment to the national unity and stability of Lebanon, emphasizing that the future of Lebanon should be decided through peaceful means by the Lebanese themselves, free of intimidation and foreign interference, and warning in this regard that attempts to undermine the stability of Lebanon will not be tolerated,

PP 15. Taking note of the Commission's conclusion that there is probable cause to believe that the decision to assassinate Hariri could not have been taken without the approval of Syrian security officials and could not have been organized without collusion of Lebanese security officials,

PP 16. Mindful of the Commission's conclusion that the Government of Syria's lack of substantive cooperation with the Commission has impeded the investigation and that Syrian officials have tried to mislead the investigation by giving false or inaccurate statements,

PP 17. Convinced that it is unacceptable that anyone should escape accountability for an act of terrorism because of his own obstruction of the investigation or failure to cooperate in good faith,

PP 18. Determining that this terrorist act and its implications constitute a threat to international peace and security,

PP 19. Acting under Chapter VII of the Charter of the United Nations,

OP 1. Endorses the report of the Commission (S/2005/XXX);

OP 2. Takes note with extreme concern of the Commission's conclusion that, building on the findings of the Commission and Lebanese investigations to date and on the basis of the material and documentary evidence collected, and the leads pursued until now, there is converging evidence pointing at both Lebanese and Syrian official involvement in this terrorist act, and that it is difficult to envisage a scenario whereby such complex assassination could have been carried out without their knowledge;

OP 3. Decides that all individuals who have been designated or might be designated in the future by the Commission as suspected of involvement in the planning, sponsoring, organization or perpetration of this terrorist act shall be subject to the following measures upon notification of such designation to the Security Council:

l All States shall take the measures necessary to prevent entry into or transit through their territories of such individuals, provided that nothing in this paragraph shall obligate a state to refuse entry into its territory to its own nationals, or, if such individuals are found within their territory, shall ensure they are available for interview by the Commission if it so requests;

l All States shall: freeze all funds, financial assets and economic resources that are on their territories that are owned or controlled, directly or indirectly, by such individuals, or that are held by entities owned or controlled, directly or indirectly, by such individuals or by persons acting on their behalf or at their direction; ensure that no funds, financial assets or economic resources are made available by their nationals or by any persons within their territories to or for the benefit of such individuals or entities; and cooperate filly in accordance with applicable law with any international investigations related to the assets or financial

transactions of such individuals, entities or persons acting on their behalf, including through sharing of finan-cial information;

OP 4. Determines that any involvement of Syrian officials in this terrorist act would constitute a serious violation by Syria of its obligations to refrain from resorting to and supporting terrorism, in accordance in particular with resolutions 1373 (2001), 1566 (2004) and 1624 (2005), and that it would amount also to a serious violation of its obligation to respect the sovereignty and political independence of Lebanon;

OP 5. Takes note with extreme concern also of the Commission's conclusion that, while the Syrian authorities have cooperated in form but not in substance with the Commission, several Syrian officials tried to mislead the Commission by giving false or inaccurate information, thus slowing down the inquiry considerably and hindering the full elucidation of the crime, and determines that Syria's lack of cooperation to the inquiry constitutes a serious violation of its obligations under relevant resolutions, including 1373 (2001), 1566 (2004), 1624 (2005) and 1595 (2005);

OP 6. Acknowledges that continued assistance from the IIIC to Lebanon, as requested by its Government in its letter to the Secretary-General of 13 October 2005 and recommended by the Commission in its report, remains necessary to elucidate fully all aspects of this heinous crime, thus enabling that all those involved in the planning, sponsoring, organization and perpetration of this terrorist act, as well as their accomplices, be identified and brought to justice;

OP 7. Welcomes in this regard the decision of the Secretary-General to extend the mandate of the Commission until 15 December 2005, as authorized by the Security Council in its resolution 1595 (2005), and decides that it will extend the mandate further at the request of the Lebanese Government;

OP 8. Commends the Lebanese authorities for the courageous decisions they have already taken in relation to the inquiry, including upon recommendation of the Commission, in particular the arrest and indictment of former Lebanese security officials suspected of being involved in the planning, organization and/or perpetration of this terrorist act, and encourages the Lebanese authorities to persist in their efforts with the same determination in order to get right to the bottom of this crime;

OP 9. Endorses the Commission's conclusion, based on Syria's suspected involvement in this terrorist act and lack of adequate cooperation to the inquiry to date, that it is incumbent upon the Syrian authorities to clarify a considerable part of the questions which remain unresolved;

OP 10. Decides in this context that:

a) Syria must detain those Syrian officials or individuals whom the Commission might consider as suspected of having been involved in this terrorist act, and make them fully and unconditionally available to the Commission;

b) the Commission shall have vis-a-vis Syria the same rights and authorities as mentioned in paragraph 3 of resolution 1595 (2005), and Syria must cooperate with the Commission fully and unconditionally on that basis;

c) Syria must allow the Commission to interview Syrian officials or other individuals that the Commission deems relevant to the inquiry outside of Syria and/or outside the presence of any other Syrian official if the Commission so requests;

d) Syria must stop interfering in Lebanese domestic affairs, either directly or indirectly, refrain from any attempt aimed at destabilizing Lebanon, and respect scrupulously the sovereignty, territorial integrity, unity and political independence of this country;

OP 11. Decides also that Syria must renounce and commit itself definitively to cease all support for all forms of terrorist action and all assistance to terrorist groups and to demonstrate this undertaking through concrete actions;

OP 12. Requests the Commission to report to the Council on the progress of the inquiry by 15 December 2005, including on the cooperation received by the Commission from the Syrian authorities, or anytime before that date if the Commission deems that such cooperation does not meet the requirements of this resolution;

OP 13. Expresses its intention to consider further measures pursuant to article 41 of the Charter, if needed, to ensure compliance by Syria with paragraph 10 above;

OP 14. Expresses its readiness to consider any additional request for assistance from the Lebanese government to ensure that all those responsible for this crime are held accountable;

OP 15. Decides to remain seized of the matter.