Security Council resolution 1595 (2005) [on establishment of an international independent commission to assist in investigation of the terrorist bombing in Lebanon]
Symbol: S/RES/1595(2005)
Date: 2005-04-07
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 > Terms of reference|BOMBINGS|BEIRUT (LEBANON)|LEBANON|COMMISSIONS OF INQUIRY|CRIMINAL INVESTIGATION|LEBANON|CONSULTATIONS|STAFFING|TERRORISM|CRIMINAL JUSTICE|ACCESS TO INFORMATION|CRIMINAL EVIDENCE|FREEDOM OF MOVEMENT|PRIVILEGES AND IMMUNITIES|EXPERTS|LAWS AND REGULATIONS|JUDICIAL PROCEEDINGS|INFORMATION TRANSFER|REPORT PREPARATION|MIDDLE EAST SITUATION
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/1595 (2005)
               Security Council                                                    Distr.: General
                                                                                   7 April 2005




               Resolution 1595 (2005)
               Adopted by the Security Council at its 5160th meeting, on
               7 April 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/2005/203),
               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

05-29998 (E)
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S/RES/1595 (2005)


               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-



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                                                                                  S/RES/1595 (2005)


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.




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