Resolution 1595
(April 7, 2005)
The Security Council,
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,
Endorsing the Secretary-General's opinion,
as expressed in his letter of 24 March 2005 to the President of the
Security Council, that Lebanon is passing through a difficult and sensitive
period, that all concerned should imperatively behave with the utmost
restraint and that the future of Lebanon should be decided strictly
through peaceful means,
Reaffirming its unequivocal condemnation of
the 14 February 2005 terrorist bombing in Beirut, Lebanon, that killed
former Lebanese Prime Minister Rafiq Hariri and others, and caused injury
to dozens of people, and condemning the subsequent attacks in
Lebanon,
Having examined the report of the fact-finding
mission to Lebanon inquiring into the circumstances, causes and consequences
of this terrorist act (S/20/203), transmitted
to the Security Council by the Secretary-General following the declaration
of the President of the Security Council of 15 February 2005 (S/PRST/2005/4),
Noting with concern the fact-finding mission's
conclusion that the Lebanese investigation process suffers from serious
flaws and has neither the capacity nor the commitment to reach a satisfactory
and credible conclusion,
Noting also in this context its opinion that
an international independent investigation with executive authority
and self-sufficient resources in all relevant fields of expertise would
be necessary to elucidate all aspects of this heinous crime,
Mindful of the unanimous demand of the Lebanese
people that those responsible be identified and held accountable, and willing to assist Lebanon in the search for the truth,
Welcoming the Lebanese Government's approval
of the decision to be taken by the Security Council concerning the establishment
of an international independent investigation Commission, and welcoming
also its readiness to cooperate fully with such a Commission within
the framework of Lebanese sovereignty and of its legal system, as expressed
in the letter of 29 March 2005 from the Chargé d'affaires a.i. of Lebanon
to the United Nations to the Secretary-General (S/2005/208),
1. Decides, consistent with the above-mentioned
letter from the Chargé d'affaires a.i. of Lebanon, to establish an international
independent investigation Commission ("the Commission") based in Lebanon
to assist the Lebanese authorities in their investigation of all aspects
of this terrorist act, including to help identify its perpetrators,
sponsors, organizers and accomplices;
2. Reiterates its call on the Lebanese government
to bring to justice the perpetrators, organizers and sponsors of the
14 February 2005 terrorist bombing, and calls upon the Lebanese
government to ensure that the findings and conclusions of the Commission's
investigation are taken into account fully;
3. Decides that, to ensure the Commission's
effectiveness in the discharge of its duties, the Commission shall:
– Enjoy the full cooperation of the Lebanese
authorities, including full access to all documentary, testimonial and
physical information and evidence in their possession that the Commission
deems relevant to the inquiry;
– Have the authority to collect any additional
information and evidence, both documentary and physical, pertaining
to this terrorist act, as well as to interview all officials and other
persons in Lebanon, that the Commission deems relevant to the inquiry;
– Enjoy freedom of movement throughout the Lebanese
territory, including access to all sites and facilities that the Commission
deems relevant to the inquiry;
– Be provided with the facilities necessary
to perform its functions, and be granted, as well as its premises, staff
and equipment, the privileges and immunities to which they are entitled
under the Convention on the Privileges and Immunities of the United
Nations;
4. Requests the Secretary-General to consult
urgently with the Lebanese Government with a view to facilitate the
establishment and operation of the Commission pursuant to its mandate
and terms of reference as mentioned in paragraphs 2 and 3 above, and requests also that he report to the Council accordingly and notify
it of the date the Commission begins its full operations;
5. Requests further the Secretary-General,
notwithstanding paragraph 4 above, to undertake without delay the steps,
measures and arrangements necessary for the speedy establishment and
full functioning of the Commission, including recruiting impartial and
experienced staff with relevant skills and expertise;
6. Directs the Commission to determine procedures
for carrying out its investigation, taking into account the Lebanese
law and judicial procedures;
7. Calls on all States and all parties to cooperate
fully with the Commission, and in particular to provide it with any
relevant information they may possess pertaining to the above-mentioned
terrorist act;
8. Requests the Commission to complete its
work within three months of the date on which it commenced its full
operations, as notified by the Secretary-General, and authorizes the Secretary-General to extend the Commission's operation for a further
period not exceeding three months, if he deems it necessary to enable
the Commission to complete its investigation, and requests that he inform
the Security Council accordingly;
9. Requests the Commission to report to the
Council on the conclusions of its investigation and requests the Secretary-General to update orally the Security Council on the progress
of the Commission every two months during the operations of the Commission
or more frequently as needed.
Sources: The United Nations |