Resolution 1636
(October 31, 2005)
The Security Council,
Reaffirming all its previous
relevant resolutions, in particular resolutions 1595
(2005) of 7 April 2005, 1373 (2001) of 28 September
2001, and 1566 (2004) of 8 October 2004,
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,
Reaffirming that terrorism
in all its forms and manifestations constitutes one
of the most serious threats to peace and security,
Having examined carefully
the report of the international independent investigation
Commission (S/2005/662) (“the Commission”)
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,
Commending the Commission
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, and taking note of the Commission’s
conclusion that the investigation is not yet complete,
Commending States which have provided assistance to
the Commission in the discharge of its duties,
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),
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,
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,
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,
Acknowledging in this connection the letter of the Prime
Minister of Lebanon to the Secretary-General of 13 October
2005 (S/2005/651) requesting that the mandate of the
Commission 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,
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,
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,
Calling upon all States to
extend to the Lebanese authorities and to the Commission
the assistance they may need and request in connection
with the inquiry, and in particular to provide them
with all relevant information they may possess pertaining
to this terrorist attack,
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,
Taking note of the Commission’s
conclusions that, given the infiltration of Lebanese
institutions and society by the Syrian and Lebanese intelligence services working in tandem,
it would be difficult to envisage a scenario whereby
such a complex assassination plot could have been carried
out without their knowledge, and that there is probable
cause to believe that the decision to assassinate former
Prime Minister Rafiq Hariri could not have been taken
without the approval of topranked Syrian security officials,
Mindful of the Commission’s
conclusion that while the Syrian authorities, after
initial hesitation, have cooperated to a limited degree
with the Commission, several Syrian officials have tried
to mislead the investigation by giving false or inaccurate
statements,
Convinced that it is unacceptable
in principle that anyone anywhere should escape accountability
for an act of terrorism for any reason, including because
of his own obstruction of the investigation or failure
to cooperate in good faith,
Determining that this terrorist
act and its implications constitute a threat to international
peace and security,
Emphasizing the importance
of peace and stability in the region, and the need for
peaceful solutions,
Acting under Chapter VII
of the Charter of
the United Nations,
== I ==
1.Welcomes the report of the
Commission;
2. Takes note with extreme
concern of the Commission’s conclusion that, there
is converging evidence pointing at the involvement of
both Lebanese and Syrian officials 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;
3. Decides as a step to assist
in the investigation of this crime and without prejudice
to the ultimate judicial determination of the guilt
or innocence of any individual;
(a) that all individuals designated
by the Commission or the Government of Lebanon as suspected
of involvement in the planning, sponsoring, organizing
or perpetrating of this terrorist act, upon notification
of such designation to and agreement of the Committee
established in subparagraph
(b) below, shall be subject to the
following measures:– 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 in accordance with applicable law that
they are available for interview by the Commission if
it so requests;– 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 fully 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 financial information;
(b) to establish, in accordance with
rule 28 of its provisional rules of procedure, a Committee
of the Security Council consisting of all the members of the Council to undertake
the tasks described in the annex to this resolution;
(c) that the Committee and any measures
still in force under subparagraph
(a) will terminate when the Committee
reports to the Security Council that all investigative
and judicial proceedings relating to this terrorist
attack have been completed, unless otherwise decided
by the Security Council;
4. Determines that the involvement
of any State in this terrorist act would constitute
a serious violation by that State of its obligations
to work to prevent and refrain from supporting terrorism,
in accordance in particular with resolutions 1373 (2001)
and 1566 (2004) and that it would amount also to a serious
violation of its obligation to respect the sovereignty
and political independence of Lebanon;
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, and determines that
Syria’s continued lack of cooperation to the inquiry
would constitute a serious violation of its obligations
under relevant resolutions, including 1373 (2001), 1566
(2004) and 1595 (2005);
6. Takes note of the recent
statement by Syria regarding its intention now to cooperate
with the Commission and expects the Syrian Government
to implement in full the commitments it is now making;
== II ==
7. Acknowledges that continued
assistance from the Commission 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, organizing
and perpetrating of this terrorist act, as well as their
accomplices, be identified and brought to justice;
8. 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 if recommended by the Commission and requested
by the Lebanese Government;
9. 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 involvement
in 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;
== III ==
10. Endorses the Commission’s
conclusion that it is incumbent upon the Syrian authorities
to clarify a considerable part of the questions which
remain unresolved;
11. Decides in this context
that:
(a) Syria must detain those Syrian
officials or individuals whom the Commission considers
as suspected of involvement in the planning, sponsoring,
organizing or perpetrating of this terrorist act, and
make them fully available to the Commission;
(b) the Commission shall have vis-à-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) the Commission shall have the authority
to determine the location and modalities for interview
of Syrian officials and individuals it deems relevant
to the inquiry;
12. Insists that Syria not
interfere 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;
== IV ==
13. 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, so
that the Council, if necessary, could consider further
action;
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;
15. Decides to remain seized
of the matter.
Sources: The United Nations |