Security Council resolution 1636 (2005) [on the investigation of terrorist bombings in Lebanon]
Symbol: S/RES/1636(2005)
Date: 2005-10-31
Status: adopted
Agenda: S/60 [54] MIDDLE EAST SITUATION
S/60 [58] LEBANON--SYRIAN ARAB REPUBLIC
Subjects: Hariri, Rafiq Baha, 1944-2005|Lebanon. Prime Minister|UN International Independent Investigation Commission in Lebanon|UN. Security Council Committee Established pursuant to Resolution 1636 (2005)|UN. Security Council Committee Established pursuant to Resolution 1636 (2005) > Terms of reference|UN. Security Council > Resolutions and decisions|UN International Independent Investigation Commission in Lebanon > Terms of reference|Charter of the United Nations (1945). Chapter VII|BOMBINGS|COMMISSIONS OF INQUIRY|BEIRUT (LEBANON)|LEBANON|CRIMINAL INVESTIGATION|LEBANON|SYRIAN ARAB REPUBLIC|SANCTIONS|TERRORISM|ASSASSINATION|TRANSIT|FROZEN ASSETS|JUDICIAL PROCEEDINGS|INTERNATIONAL OBLIGATIONS|SOVEREIGNTY|JUDICIAL ASSISTANCE|CRIMINAL JUSTICE|SECURITY AND SAFETY STAFF|DETENTION|REPORT PREPARATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALGERIA
vote: yes
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

            United Nations                                                                       S/RES/1636 (2005)
            Security Council                                                    Distr.: General
                                                                                31 October 2005




            Resolution 1636 (2005)
            Adopted by the Security Council at its 5297th meeting, on
            31 October 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,




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                     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,




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      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;




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                     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;


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     (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.




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Annex
                    The following are the functions of the Committee established pursuant to
               paragraph 3 of this resolution:
               1.    To register as subject to the measures in paragraph 3 (a) in this resolution an
               individual designated by the Commission or the Government of Lebanon, provided
               that within two working days of receipt of such designation no member of the
               Committee objects, in which case the Committee shall meet within fifteen days to
               determine the applicability of the measures in paragraph 3 (a).
               2.   To approve exceptions to the measures established in paragraph 3 (a) on a
               case-by-case basis:
                     (i) with respect to the travel restrictions, where the Committee determines
               that such travel is justified on the ground of humanitarian need, including religious
               obligation, or where the Committee concludes that an exemption would otherwise
               further the objectives of this resolution;
                    (ii) with respect to the freezing of funds and other economic resources,
               where the Committee determines that such exceptions are necessary for basic
               expenses, including payments for foodstuffs, rent or mortgage, medicines and
               medical treatment, taxes, insurance premiums, and public utility charges, or
               exclusively for payment of reasonable professional fees and reimbursement of
               incurred expenses associated with the provision of legal services, or fees or service
               charges for routine holding or maintenance of frozen funds or other financial assets
               or economic resources;
               3.    To register the removal of an individual from the scope of the measures in
               paragraph 3 (a) upon notification from the Commission or the Government of
               Lebanon that the individual is no longer suspected of involvement in this terrorist
               act, provided that within two working days of receipt of such designation no
               member of the Committee objects, in which case the Committee shall meet within
               fifteen days to determine the removal of an individual from the scope of the
               measures in paragraph 3 (a).
               4.  To inform all Member States as to which individuals are subject to the
               measures in paragraph 3 (a).




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