US embassy cable - 03THEHAGUE2898

UNCLAS SECTION 01 OF 02 THE HAGUE 002898 
 
SIPDIS 
 
DEPARTMENT FOR S/WCI - PROSPER/RICHARD, EUR/SCE - 
GREGORIAN/MITCHELL, IO/UNP - MILTON, L/EUR - LAHNE, 
INR/WCAD - SEIDENSTRICKER/MORIN 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, BK, HR, SR, NL, ICTY 
SUBJECT: ICTY: REGISTRY SEEKS ASSISTANCE ON BUDGET 
CLARIFICATION 
 
REF: UN DOC. A/58/449 (20 OCTOBER 2003) 
 
1. Summary: The deputy registrar and chief budget officer of 
the International Criminal Tribunal for the Former Yugoslavia 
(ICTY) requested USG support for the ICTY's proposed budget 
for the 2004-2005 biennium the face of an ambiguous 
concluding sentence in the ACABQ's report to the Fifth 
Committee that could be read as recommending a $20 million 
cut in the ICTY's core budget.  The registry officials made a 
compelling case that the ACABQ intended to reduce the amount 
available to the ICTY to account for the poor dollar-euro 
exchange rate, but did not intend to recommend an 
across-the-board cut of the ICTY's (pre-exchange rate 
adjustment) baseline budget.  A cut along the latter lines, 
they said, would have a "devastating impact" on the 
Tribunal's ability to implement key completion strategy 
projects.  End summary. 
 
2. Deputy Registrar David Tolbert and Chief Budget Officer 
Jorge Benito met with embassy legal officers on November 18 
to alert the USG's attention to a possible misunderstanding 
that could arise because of the ACABQ's recent report on the 
ICTY's budget request for the 2004-2005 biennium (ref). 
Tolbert and Benito noted that the ACABQ did not reject any of 
the major items requested by the ICTY and that, in their 
view, the report as a whole was a welcomed endorsement of 
their implementation of the ICTY completion strategy. 
Indeed, they noted that the ACABQ, in paragraph 38 of its 
report, did not recommend any "specific reductions" because 
it "does not wish to impede the completion strategy" (ref). 
 
3. Despite the endorsement of the ACABQ, Tolbert and Benito 
expressed concern that the Fifth Committee could interpret 
the last sentence of the ACABQ report as recommending a 
massive across-the-board cut of the ICTY's baseline budget 
(that is, the budget before taking into account the 
additional funds required to cover losses due to the poor 
dollar-euro exchange rate).  The last sentence of paragraph 
38 (the recommendation paragraph) reads, in part, as follows: 
". . . the Committee recommends that the estimated 
requirements for the Tribunal for the biennium for 2004-2005 
be reduced by USD 20 million gross."  Tolbert and Benito made 
a persuasive case that the recommendation, in the context of 
paragraph 38 and the report as a whole, must pertain only to 
the recosting based on the poor exchange rate.  The 
recosting, as provided by the UN Secretariat, would total 
approximately USD 64 million over the baseline budget of 
approximately USD 262 million.  The ACABQ made the point in 
paragraph 38 that, in light of the volatility of the currency 
exchange rate, "it is not necessary . . . to appropriate and 
assess at this stage the full recosting provision projected 
for the next years.  Instead, the General Assembly may wish 
to request the Secretary-General to report on additional 
requirements, if any, that would arise from currency 
movements at a time when a more complete picture of exchange 
rates has emerged, namely, in December 2004."  It is "on this 
basis" that the ACABQ recommended a USD 20 million reduction. 
 As such, it appears clear to Tribunal officials that the 
reduction refers only to the recosting and not to the 
baseline.  They underscore this point by noting that the 
ACABQ did not identify "any particular item" where resources 
could be cut, though one would have expected such suggestions 
if the USD 20 million referred to the baseline budget itself. 
 
4. Registry officials are particularly concerned that a 
misinterpretation of the ACABQ recommendation could lead to a 
substantial cut in the ICTY's baseline budget at a time when 
it is focused on implementing key completion strategy 
programs.  Benito and his budget team already came up with 
substantial cuts in order to achieve a sub-zero growth budget 
proposal.  To cut further would, in Tolbert's words, have a 
"devastating impact" on the Tribunal's ability to meet 
completion strategy goals.  For instance, it would likely be 
unable to maintain the six ongoing trials plan of the 
Tribunal that is essential to concluding trials by the close 
of 2008, as envisioned under the completion strategy. 
 
5. Comment: Tolbert and Benito made a persuasive case that 
the correct reading of the ACABQ recommendation was that it 
applied to recosting, not the baseline budget.  As such, they 
hope that the Fifth Committee will approve the full baseline 
budget requested along with $47 million of the $67 million 
calculated for recosting.  The remaining $20 million of 
recosting would be requested, as needed, in light of currency 
fluctuations and savings over the next year.  This is 
something the Tribunal can live with as they recognize (as 
did the ACABQ report) that future currency fluctuations and 
savings will affect the Tribunal's needs.  Moreover, an 
adverse reading of the recommendation would seem to conflict 
with the ACABQ's overall endorsement of the ICTY's budget 
proposal and would certainly jeopardize the ICTY's ability to 
keep pace with the completion strategy timeframe.  End 
comment. 
RUSSEL