The special tribunal for lebanon stl, also referred to as the lebanon tribunal or the hariri tribunal, is a tribunal of international character applying lebanese criminal law to carry out the investigation and prosecution of those responsible for the 14 february 2005 assassination of rafic hariri, the former lebanese prime minister, and the deaths. Hariri assassination june 2007 the law library of congress 2 statute, for the establishment of a special tribunal for lebanon. Pursuant to rule 68g of the special tribunal for lebanons rules of evidence and procedure, the pretrial judge has submitted to the appeals chamber 15 questions of law that require resolution before the pretrial judge can determine whether to confirm the mdictment currently before him. The significance of the lebanon tribunal s creation of an independent defense office organ through vii. Lebanese prime minister rafiq hariri and others, the special tribunal for lebanon hereinafter the special tribunal shall function in accordance with the provisions of this statute. The special tribunal for lebanon amazon web services. This guide provides an overview about official documents related to the special tribunal for lebanon stl. An examination of superior responsibility in the statute of the special tribunal for lebanon 43. At any stage of the procedure, the special court may formally request a national court to defer to its competence in accordance with the present statute and the rules of procedure and evidence. Ntanda nsereko appeals chamber, special tribunal for lebanon your excellencies, colleagues, ladies and gentlemen, we thank ambassador korac for inviting us to the celebration of this year. This statute could be approved by a decree by the transitional government, or by enacting a transitional justice law.
This book provides an analytical overview of the establishment and functioning of the special tribunal for lebanon, the newest and most controversial of the unsponsored international criminal courts. December, 2017 criminal law and criminology 6 min read. Rule 2 definitions a in the rules, unless the context otherwise requires, the following terms shall mean. Some innovations in the statute of the special tribunal for. Attachment statute of the special tribunal for lebanon. While other hybrid courts, including the special court. Criminal responsibility of legal persons introduced by the. The special tribunal for lebanon is the first tribunal of international character to prosecute terrorist crimes. Statute of the special tribunal for lebanon special. This book provides a full analytical overview of the establishment and functioning of the special tribunal for lebanon, the newest and most controversial of the unsponsored international criminal courts. The definition adopted by the tribunal draws on lebanese and international law concepts of terrorism. Oct 04, 20 20 september 2011 5 pursuant to article 8 3 of the statute of the special tribunal for lebanon statute and tribunal, respectively. Though seated in the netherlands, the tribunal it is composed of both lebanese and international.
Pdf the special tribunal for lebanon stl represents a sui generis international tribunal on various levels. Further, to security council resolution 1757 2007 from may 2007, the provisions of the document annexed to it and the statute of the special tribunal there attached. Having been established by an agreement between the united nations and the government of sierra leone pursuant to security council resolution 15 2000 of 14 august 2000, the special court for sierra leone hereinafter the special court shall function in accordance with the provisions of the present statute. Statute of the special tribunal for lebanon pdf, 10 june 2007, retrieved 21 march 2011. Where the personal interests of the victims are affected, the special tribunal shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the pretrial judge or the chamber and in a manner that is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
The special tribunal for lebanon stl has made an important procedural ruling on the definition of terrorism. Nations and the lebanese republic as well as the statute of the special. These rules of procedure and evidence, adopted pursuant to article 28 of the statute of the special tribunal for lebanon, shall enter into force on 20 march 2009. The stl is a hybrid tribunal in the sense that it is an international court primarily applying domestic national law. Tribunal for lebanon stlstatute therefore automatically entered into.
The prosecutor of the special tribunal for lebanon, pursuant to the authority stipulated in articles 1 and 11 of the statute for the special tribunal for lebanon, charges under articles 2 and 3 of the statute, and thereby under the lebanese criminal code and the lebanese law. The tribunal was established with a mandate to try the perpetrators. Similar in many respects to the earlier institutions for the former yugoslavia, rwanda, and sierra leone it stands alone in the fact that its subjectmatter jurisdiction does not contain any international crimes. This chapter examines the ratione materiae of the special tribunal for lebanon stl, as provided for in the stl statute and lebanese law, and as developed in the nascent jurisprudence of the tribunal. The special tribunal for lebanon and the rule of law. The special tribunal for lebanon stl, also referred to as the lebanon tribunal or the hariri. The attempt to include crimes against humanity in the statute did not succeed, despite the fact that the elements of. It was ratified by parliament on 15 december 2011 and signed into law on 1 february 2012. According to its statute, the stl has jurisdiction over persons responsible and in connection to the attack that caused the death of former lebanese prime. The establishment of the special tribunal for lebanon and.
International and hybrid criminal courts and tribunals. The defence challenges the jurisdiction of the special tribunal for lebanon tribunal over new tv s. Special tribunal for lebanon lillian goldman law library. The act of taking a suspect, accused or witness into custody pursuant to a warrant of arrest.
Dec 21, 2007 earlier today, the united nations and the kingdom of the netherlands signed a headquarters agreement that will enable the seat of the special tribunal for lebanon to be based in the netherlands. Special tribunal for lebanon issues landmark ruling on. The cooperation regime of the special tribunal for lebanon. Pdf on jan 1, 2011, michael humphrey and others published the special tribunal for lebanon. Lebanon is a parliamentary republic based on the 1943 national pact, which apportions governmental authority among a maronite christian president, a shia speaker of the chamber of deputies parliament, and a sunni prime minister.
The international tribunal for rwanda shall ha ve the primacy over the national courts of all states. On 20 november 2006 and 2 may 2007, the legal counsel briefed the security council on the lebanese. To date, both the creation and subsequent operation of the tribunal have been politically divisive, generating parliamentary standoffs and government collapse. Lebanese perspective on the special tribunal for lebanon. Special tribunal for lebanon gives ruling on which definition. Stl took jurisdiction over three cases that were found to be connected to the 14 february 2005 attack targeted attacks on lebanese politicians marwan hamadeh, george hawi, and elias elmurr. The aim of the tribunal was to serve as a forum for testimony against ethnocidal oppression and for the free expression of the will to struggle against those powers that still wish to destroy the authentic character of. A person against whom one or more counts in an indictment. Indictment related to the 14 february 2005 attack confirmed by the pretrial judge and arrest warrants are issued.
Nations and the lebanese republic as well as the statute of the special tribunal for lebanon stl statute therefore automatically entered into force on that date. The special court for sierra leone was the first international tribunal to try and convict persons for the use of child soldiers afrc trial, for forced marriage an other inhumane act as a crime against humanity ruf trial, and for attacks directed against united nations peacekeepers ruf trial. Torture and other cruel, inhuman, or degrading treatment or punishment the penal code prohibits using acts of. It argues that the stls judges alluded to a crystallized international definition of terrorism that is not really there, under international law.
Though the identity of those indicted is confidential, it is widely believed that two of the four indicted are members of hezbollah. The tribunal was established by the united nations security council resolution 1757 of 30 may 2007, which included as its annex the tribunal s statute. Special tribunal for lebanon international law oxford. Assessing the political acceptance of hybrid courts in fractured states the case of the special tribunal for lebanon 2 lebanon s political system was envisioned as an example of power sharing, favouring the principles of pluralism, communal autonomy, and. The decision is important as there is currently no universal international law definition of. Command responsibility and the principle of individual criminal responsibility. Enhancing the rule of law is in turn expected to support wider changes in the justice and security environment. Trials in absentia before the special tribunal for lebanon, 5 j. The special tribunal for lebanon alef alef act for. The stl statute defines the jurisdiction, structure and other important aspects related to the work of the tribunal. The decision is important as there is currently no universal international law definition of terrorism. Security council held, inter alia, that the statute of the special tribunal, would enter into force on june 10, 2007. The special tribunal for lebanon stl american university of beirut. While other hybrid courts, including the special court for sierra leone, have competence.
The iraqi high tribunal iht, formerly the iraqi special tribunal and sometimes referred to as the supreme iraqi criminal tribunal, is a body established under iraqi national law to try iraqi nationals or residents accused of genocide, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. Pdf defining terrorism at the special tribunal for lebanon. Disappearance there were no confirmed reports of disappearances by or on behalf of government authorities. On 15 november 2006, the secretarygeneral presented a report to the security council, in which he outlined the main features of the statute of a special tribunal for lebanon s2006893. This is the special tribunal for lebanon company profile. The special tribunal for lebanon by amal alamuddin, 9780199687459, available at book depository with free delivery worldwide. Criminal procedure international law evaluation defense. The report covers the period from 1 march 2014 to 28 february 2015, and outlines the tribunals progress and achievements during that time, as well as identifying the challenges. Lessons learned day of international criminal justice 10 july 2010 the hague, the netherlands judge daniel d. The report covers the period from 1 march 2014 to 28 february 2015, and outlines the tribunal s progress and achievements during that. Hamadeh, order directing the lebanese judicial authority seized with the case concerning the attack perpetrated against mr marwan hamadeh on 1 october 2004 to defer to the special tribunal for lebanon, stl1102 ptj, aug. As a matter of fact, according to the statute currently in force, the special tribunal will exclusively apply the lebanese penal code.
In 2005, lebanese prime minister rafic hariri was assassinated in a huge blast that reverberated across lebanon and the region. All content is posted anonymously by employees working at special tribunal for lebanon. Statute of the special tribunal for lebanon special tribunal for. A critical analysis of international jurisprudence. Despite the challenges ahead, the tribunal intends to dispense justice free from any political or. It is my privilege to submit the sixth annual report of the special tribunal for lebanon, as required by article 10 2 of the tribunal s statute. It is my privilege to submit the sixth annual report of the special tribunal for lebanon, as required by article 10 2 of the tribunals statute. According to article 17 of the statute of the special tribunal for lebanon stl, which reproduces verbatim article 68 of the statute of the international criminal court icc, where their personal interests are affected, the victims of the crimes falling within the. The special court for sierra leone, the residual special. The cooperation regime of the special tribunal for lebanon1 the special tribunal for lebanon stl. Trials in absentia before the special tribunal for lebanon, 5. Crime of terrorism in lebanese and international law. Security council expressed its satisfaction with the agreement and its accompanying statute and invited the secretarygeneral to.
The agreement between the united nations and the lebanese republic on the establishment of a special tribunal for lebanon, annexed to security council resolution 17572007. Alongside the court, united nations tribunals and the tribunals assisted by the united nations, such as the extraordinary chambers in the courts of cambodia, the special tribunal for lebanon, the. The cooperation regime of the special tribunal for lebanon ictr. Jun 01, 2015 the sui generis system seems nonetheless to have had mainly adversarial overtones. He is a scholar in residence at the issam fares institute for public policy and international affairs ifi at the american university of beirut aub, a scholar at the faculty of law at humboldt. An examination of superior responsibility in the statute of the special tribunal for lebanon in protecting humanity. One remarkable feature of the special tribunal for lebanon stl differentiating it from the icc and the two ad hoc tribunals earlier established by the security council is that its statute, is that like article 12 of the charter of the international military tribunal in nuremberg it allows trials be held in the absence of the accused. The agreement stipulates that the rscsl shall have its principal seat in freetown,but shall carry. The special tribunal for lebanon conciliation resources. The statute is attached to this agreement and forms an integral part thereof. The special tribunal for lebanon stl was established by an agreement between the united nations and the lebanese republic pursuant to the security council resolution 1664 of march 29th, 2006. The special tribunal for lebanon stl has issued four arrest warrants for the 2005 murder of lebanons former prime minister rafik hariri. At any stage of the procedure, the international tribunal for rwanda may formally request national courts to defer to its competence in accordance with the present statute and the. However, lebanon s tribunal, like its transition from.
Pdf the subjectmatter jurisdiction of the special tribunal for. It is confident that in the next twelve months it will efficiently move to judicial action. Some innovations in the statute of the special tribunal. Special tribunal for lebanon gives ruling on which. Apr 11, 2014 the chief prosecutor of the special tribunal for lebanon, daniel bellemare, in 2009 at the start of a landmark international tribunal in the hague to try the suspected killers of lebanon s former prime minister rafiq hariri. May 30, 2007 the special tribunal shall function in accordance with the statute of the special tribunal for lebanon.
Introduction the special tribunal for lebanon hereinafter only stl was created upon an agreement between the united nations and the lebanese republic. Article 8 3 ofthe statute states that at the request ofthe presiding judge ofthe trial chamber, the president of the special tribunal may, in the interest of justice, assign the alternate. The special tribunal for lebanon stl, also referred to as the lebanon tribunal or the hariri tribunal, is a tribunal of international character applying lebanese criminal law to carry out the investigation and prosecution of those responsible for the 14 february 2005 assassination of rafic hariri, the former lebanese prime minister, and the deaths of 21 others, as well as those responsible. The special tribunal for lebanon is the latest international criminal tribunal to be established by the united nations. Special tribunal for lebanon 4awi tribunal special pour le. The special court shall have primacy over the national courts of sierra leone. Special tribunal for lebanon swiftly adopts its rules of procedure and evidence, 7 j. While the defence limits its arguments to jurisdiction over legal persons, many thirdparty amici curiae have submitted.
The special tribunal for lebanon stl on december 2005, the government of the republic of lebanon requested the united nations to establish a tribunal of an international character to try all those who are alleged responsible for the attack of 14 february 2005 in beirut resulting in the death of former lebanese prime minister rafiq hariri and in the death or injury of other persons. It covers the period from 1 march 2009 to 28 february 2010. This blog focuses on the role that the international criminal tribunals and in particular the special tribunal for lebanon have played in the definition of terrorism and in the establishment of terrorism as an international crime. It is my privilege and pleasure to submit to you, pursuant to article 102 of the statute of the special tribunal for lebanon, the first annual report on the operation and activities of the tribunal. A draft agreement between the united nations and the lebanese republic, including the draft statute of the special tribunal, was annexed to the report. Further to security council resolution 17572007 of 30 may 2007, the provisions of the document annexed to it and the statute of the special tribunal thereto attached, entered into force on 10 june 2007. Emergency law, trauma and justice article pdf available in arab studies quarterly 331. The special tribunal for lebanon and the rule of law published on 27 nov 2015 by edward elgar publishing.
An examination of superior responsibility in the statute. On 16 february 2011, the appeals chamber of the special tribunal for lebanon stl issued an interlocutory decision regarding the legal definition of terrorism. Evolving defense rights in international criminal law c. Despite the challenges ahead, the tribunal intends to dispense justice free.
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