ICC-

THE SECRETARY-GENERAL

21 December 2005

Dear Mr. Moreno-Ocampo,

Facing the difficult task of appointing a new Commissioner for the United Nations International Independent Investigation Commission (UNIIIC), and based on thorough consultations, I wish to inform you of my intention to appoint Mr. , Deputy Prosecutor, Head of Investigation Division of the International Criminal Court (ICC), in that capacity. The UNIIIC was established by the Security Council pursuant to resolution 1595 (2005) following the assassination of former Lebanese Prime Minister Rafik Hariri.

The Security Council in resolution 1344 (2005) has extended the mandate of the Commission for six months from 15 December 2005. As you are aware, the Commission has been lead by Mr. Detlev Mehlis, who will step down at the end of January 2006. Mr. Brammertz has been recommended to me as someone whose skills, experience and integrity would be well suited to leading |h& UNIIIC. I would request that your Office release him for a period of six, months to take up this important responsibility.

The establishment of the ICC was the realisation of a long effort to end impunity and ensure through the rule of law that those who commit war crimes, genocide or other crimes against humanity will no longer be beyond the reach of justice. I understand that Mr. Brammertz plays an important role in the ICC in leading the Court's investigations. My request to you for his release is motivated by the unique nature of the UNIIIC's work and the immediate need over the next six months for Mr. Brammertz's skills.

Mr. Luis Moreno-Ocampo Chief Prosecutor International Criminal Court The Hague It is my understanding that you will wish, to consult with the States Parties on this matter. -I would appreciate receiving a prompt response to my request, because I am faced with the necessity to take a final decision on the appointment of a new Commissioner as soon as possible.

Yours sincerely,

Kofi A. UNITED NATIONS NATIONS UNIES

EXECUTIVE OFFICE OF THE SECRETARY-GENERAL

FACSIMILE TRANSMISSION

Date: 21 December 2005 Ref: TO: Mr. Luis Moreno-Ocampo FROM: Lamin J. Sise 4f ' •>*'c' Chief Prosecutor Director for Legal Affairs, International Criminal Court Human Rights and Special The Hague Assignments EOSG New York FAX: +3 1-70-5 15-8395 TEL: 212-963-1292 FAX: 212-963-3511 No of pages: 3 (including this one) Subject: Letter from the Secretary-General

Please find attached a letter addressed to you by the Secretary-General.

Best regards. THE SECRETARY-GENERAL

21 December 2005

Dear Mr. Brammertz,

Based on our discussion and the consultations you have had with the Secretariat, I have the pleasure of offering you an appointment as Commissioner of the United Nations International Independent Investigation Commission (UNIIIC), which was established by the Security Council pursuant to resolution 1595 (2005) following the assassination of former Lebanese Prime Minister Rafik Hariri. Your appointment will be at the level of Under-Secretary-General and is for a six-month period.

Security Council resolution 1595 (2005), in establishing the Commission, provided that it would "assist the Lebanese authorities in their investigation of all aspects of this terrorist act, including to help identify its perpetrators, sponsors, organizers and accomplices". The Council decided, inter alia, that the Commission would enjoy the full cooperation of the Lebanese authorities, have the authority to collect evidence pertaining to the crime and enjoy freedom of movement throughout . In resolution 1636 (2005), the Council decided that the Commission would have the same rights and authorities in as it has in Lebanon. As you are aware, the Security Council, in resolution 1644 (2005), extended the mandate of UNIIIC until 15 June 2006. i

In resolution 1644 the Council additionally authorizes the Commission to extend its technical assistance as appropriate to the Lebanese authorities with regard to their investigations on the terrorist attacks perpetrated in Lebanon since 1 October 2004. It also requests me, in consultations with the Commission and the Lebanese Government, to present recommendations to expand the mandate of the Commission.to include investigations of those other attacks. In addition, resolution 1644 requests me to help the Lebanese Government identify the nature and scope of the international assistance necessary to establish a "tribunal of an international character" to try those charged with involvement in the crime.

Mr. Serge Brammertz Deputy Prosecutor International Criminal Court The Hague In carrying put your duties, I would expect that you would continue your predecessor's practice of close cooperation with the Lebanese authorities. While the Commission is independent, I would wish that you would remain in close communication with the Under-Secretary-General for Political Affairs, whose Department supports at Headquarters the work of the Commission. In light of the additional tasks set out in resolution 1644, I would also expect that you would liaise closely with the Department of Political Affairs and the Office of Legal Affairs as appropriate. The Security Council requests in that resolution that the Commission report on its progress every three months.

The Department of Political Affairs will contact you shortly to provide you with further details with respect to your appointment.

I should be grateful if at your earliest convenience, you would notify me of your acceptance of this appointment.

Yours sincerely,

Kpfi Ar- Annan UNITED NATIONS NATIONS UNIES

EXECUTIVE OFFICE OF THE SECRETARY-GENERAL

FACSIMILE TRANSMISSION

Date: 21 December 2005 Ref: TO: Mr. Serge Brammertz FROM: Lamin J. Sise /£~ '- J 'S^-V Deputy Prosecutor Director for Legal Affairs, International Criminal Court Human Rights and Special The Hague Assignments EOSG New York FAX: +3 1-70-5 15-8395 TEL: 212-963-1292 FAX: 212-963-3511 No of pages: 3 (including this one) Subject: Letter from the Secretary-General

Please find attached a letter addressed to you by the Secretary-General.

Best regards. URGENT Note to Mr. Sise

UNIIIC: APPOINTMENT OF COMMISSIONER

Please find attached two letters for the signature of the Secretary-General regarding the appointment of a new Commissioner to lead the UNIIIC. The first is to Mr. Luis Moreno-Ocampo, Chief Prosecutor of the ICC, requesting the release of Mr. Serge Brammertz, Deputy Prosecutor for Investigations, to enable the latter's appointment as Commissioner. The second is to Mr. Brammertz, offering him the appointment.

f Nicolas Michel •* * 21 December 2005 Mr. Gambari Mr. Zacklin

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