In sierra leone, the scsl had primacy over the sierra leonean courts and could request a case to be deferred to it from a national court. 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. All activities undertaken by the prosecutor under the statute and the rules for the. The special tribunal for lebanon is the latest international criminal tribunal to be established by the united nations.
The cooperation regime of the special tribunal for lebanon1 the special tribunal for lebanon stl. 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. Pdf the subjectmatter jurisdiction of the special tribunal for. The special tribunal for lebanon s jurisdictional gaps as obstalces to achieving justice and public legitimacy nidal nabil jurdi abstract the advent of the special tribunal for lebanon has been the first serious effort for accountability and ending impunity for political. Hezbollah and michel aouns free patriotic movement, who are members of the 8 march government. The authors include academics from various legal systems, practitioners from the icc and the special tribunal for lebanon, attorneys and other law experts. This report covers the tribunal s activities and progress during the period between 1 march 2018 and 28february 2019, and our aspirations for the next phases of the tribunal s work. The cooperation regime of the special tribunal for lebanon. The special tribunal for lebanon alef alef act for. Special tribunal for lebanon 4awi tribunal special pour le. Criminal tribunal for rwanda, the special court for sierra leone, the extraordinary chambers in the courts of cambodia, the extraordinary african chambers, and the special tribunal for lebanon. The statute permits such trials when an accused failed to appear in court or even to appoint a defence lawyer, but only on the condition that, where the. 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. The report covers the period from 1 march 2014 to 28 february 2015, and outlines the tribunal s progress and achievements during that.
Hariri had been part of the antisyrian opposition in lebanon. Footnote 19 handbook on the special tribunal for lebanon. The special tribunal for lebanon stl an introduction and research guide. Special tribunal for lebanon stl, and the syrian connection. Pdf the statute of the iraqi special tribunal for crimes. All activities undertaken by the prosecutor under the statute. Assessing the political acceptance of hybrid courts in. It argues that the stls judges alluded to a crystallized international definition of terrorism that is not really there, under international law. December, 2017 criminal law and criminology 6 min read. 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.
The establishment of the special tribunal for lebanon and. Statute of the international criminal tribunal for the former yugoslavia as amended. Cases at the special tribunal for lebanon 2015 jicj 3, 330 on the implications of recent decisions of the special tribunal of lebanon regarding its jurisdiction over corporations. The stl pretrial judge is free to deal with evidentiary mate rial submitted by the parties. This is the special tribunal for lebanon company profile.
Lebanese perspective on the special tribunal for lebanon. 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. May 30, 2007 the special tribunal shall function in accordance with the statute of the special tribunal for lebanon. 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. 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 and the quest for truth, justice and stability december, 2010 this paper considers the impact, to date, of the special tribunal for lebanon stl. Criminal procedure at the special tribunal for lebanon a snapshot. The special tribunal for lebanon amazon web services.
Pursuant to rule 68g of the special tribunal for lebanon s 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. In considering the penalty to be imposed on a person convicted of a crime under this statute, the special tribunal shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served. Some innovations in the statute of the special tribunal for. The special tribunal for lebanon is a hybrid international tribunal, having jurisdiction over persons responsible for the attack of 14 february 2005 resulting in the death of former lebanese prime minister rafiq hariri and in the. Dec 21, 2007 special tribunal for lebanon to be based at the hague. After opening its doors on 1 march 2009, things were relatively quiet for the new court. The defence challenges the jurisdiction of the special tribunal for lebanon tribunal over new tv s. Command responsibility in international criminal tribunals. Pdf the special tribunal for lebanon stl represents a sui generis international tribunal on various levels. Assessing the legitimacy of these tribunals is instead a more difficult task.
Whereas on 10 june 2007, the provisions of the statute of the special tribunal statute entered into force pursuant to security council resolution 1757 of 30 may. 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. Their legality has been put in doubt only concerning the international criminal tribunal for the former yugoslavia icty and the special tribunal for lebanon stl, but the criticisms have been or could be overcome. Some innovations in the statute of the special tribunal. Assessing the political acceptance of hybrid courts in fractured. May 19, 2014 corporate criminal responsibility at the special tribunal for lebanon may 19, 2014 yvonne mcdermott in a fascinating order from january of this year that was made public last month, judge baragwanath of the special tribunal for lebanon determined that two media organisations, together with two officials from the organisations, could be. The indirect intent in the international criminal case law.
Special tribunal for lebanon r000492 stlii01lilacri76bis foo 1 ocor20 11 02231r000489r000642enpvk tribunal special pour le liban respect, two sets of rules may be taken into account. 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. European axis and charter of the international military tribunal, 1945 16. The special tribunal for lebanon by amal alamuddin, 9780199687459, available at book depository with free delivery worldwide. One feature of the special tribunal for lebanon stl differentiating it from other international criminal tribunals except for the nuremberg international military tribunal is that its statute allows for trials in absentia. Mar 27, 2014 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 attempt to include crimes against humanity in the statute did not succeed, despite the fact that the elements of. He has taught civil law, commercial law and civil liberties in two lebanese universities since 1976.
The official statute of the special court for sierra leone describes all the applicable rules and regulations pertaining to the tribunal, including the doctrine of concurrent jurisdiction, in which the special court shares judicial power with the national courts of sierra leone. 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 rome statute of the icc at its twentieth anniversary. 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. Lebanon stl seeks to prosecute the perpetrators of lebanons prime minister rafiq. This study focuses on the analyse of the indirect intent in the international criminal caselaw. See statute of the special court for sierra leone, art. Welcome to erecruitment the special tribunal for lebanon stl offers a broad range of work opportunities in the field of criminal law, international and humanitarian law, social sciences and administration. International center for transitional justice keep at end of introductory paragraph. Volume 2 the independent investigation commission includes. This report covers the tribunal s activities and progress during the period between 1 march 2018 and 28february 2019, and our aspirations for the next phases of the tribunal.
Special tribunal for lebanon international law oxford. In a recent ruling, the appeals chamber for the special tribunal for lebanon made a groundbreaking step, laying the foundation for corporate responsibility in international law. The republic of lebanon and the united nations signed an agreement establishing the special tribunal for lebanon. Trials and tribulations at the special tribunal for lebanon. Judge sader was a member of the lebanese delegation that worked with the united nations office of legal affairs during the negotiation and finalizing of the agreement and the statute of the special tribunal for lebanon. The special tribunal for lebanon swiftly adopts its rules of procedure and evidence, 7 j.
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. Special tribunal for lebanon issues landmark ruling on definition of terrorism and modes of participation. Statute of the special tribunal for lebanon rules of procedure and evidence rules of detention directive on the appointment and assignment of defense counsel code of professional conduct for counsel appearing before the tribunal directive on victims legal representation. The application is made pursuant to article 4 2 of the statute of the tribunal the statute attached to the agreement between the united nations and the lebanese republic on the establishment of a special tribunal for lebanon the agreement, itself annexed to resolution 1757 2007 adopted by th security council on 30 may 2007 s. 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.
A tribunal of an international character devoid of international law janice yun introduction in may 2007, the united nations security council security council adopted resolution 1757, which authorized the creation of the special tribunal for lebanon stl. Rule 2 definitions a in the rules, unless the context otherwise requires, the following terms shall mean. The indirect intent in the international criminal caselaw. Whereas the united states further demonstrates this commit. 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. The special tribunal for lebanon stl, also referred to as the lebanon tribunal or the hariri. Disappearance there were no confirmed reports of disappearances by or on behalf of government authorities. Lebanese authorities in their investigation of all aspects of this terrorist act, including to help identify. The killing also led the united nations to set up the special tribunal for lebanon to investigate the killing. Lebanese prime minister rafiq hariri and 22 others head of. 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.
The statute is attached to this agreement and forms an integral part thereof. On 20 november 2006 and 2 may 2007, the legal counsel briefed the security council on the lebanese. 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. Attachment statute of the special tribunal for lebanon. 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 of. The stl was initially envisioned as a court to be established by an agreement between. A draft agreement between the united nations and the lebanese republic, including the draft statute of the special tribunal, was annexed to the report. 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. Created in response to the killing on 14 february 2005 of the former prime minister of lebanon rafik hariri, 1 the special tribunal for lebanon stl is the latest of the international hybrid tribunals to emerge in the international system. While other hybrid courts, including the special court for sierra leone, have competence. A person against whom one or more counts in an indictment. The tribunal was established with a mandate to try the perpetrators.
While the defence limits its arguments to jurisdiction over legal persons, many thirdparty amici curiae have submitted. It covers the period from 1 march 2009 to 28 february 2010. Statute of the special tribunal for lebanon, appended to s. It summarizes the main outcomes of a meeting of experts, held by chatham house in november 2010. Special court for sierra leone global policy forum. Crime of terrorism in lebanese and international law. It is a privilege to submit to you the special tribunal for lebanon s tenth annual report, pursuant to article 10 2 of the tribunal s statute. This is one of the novelties enshrined in the statute of the. Torture and other cruel, inhuman, or degrading treatment or punishment the penal code prohibits using acts of. The report covers the period from 1 march 2014 to 28 february 2015, and outlines the tribunal s progress and achievements during that time, as well as identifying the challenges. His assassination triggered the cedar revolution, a popular movement which forced syria to withdraw all its troops in lebanon by april 2005. Jan 28, 2014 earlier this month, the first trials at the special tribunal for lebanon stl finally got under way. Pretrialchamber090429%20ptjorder%20on%20 detained%20personsen. And, attached to the intended agreement was the statute of the tribunal.
Statute of the special tribunal for lebanon special. Hezbollahs militarization most nonshiite lebanese find it difficult to accept hezbollahs armament and have not missed an opportunity to express displeasure with the. The statute of the iraqi special tribunal for crimes against humanity. The judges of the special tribunal for lebanon stl recently adopted the rules of procedure and evidence to guide the work of the court in bringing to justice those responsible for the attack of. The defence office of the special tribunal for lebanon authorize the free reproduction of extracts.
Corporate criminal responsibility at the special tribunal for. In the filing they issued, the judges stated that they would specify the precise date of the public pronouncement of the judgment as soon as possible. The stl statute defines the jurisdiction, structure and other important aspects. As the most recent unsponsored ad hoc criminal tribunal, the special tribunal for lebanon stl or tribunal has attracted the attention of the international community. Evolution of international criminal justice the abas. All content is posted anonymously by employees working at special tribunal for lebanon.
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. Special tribunal for lebanon special tribunal for lebanon. In 2005, lebanese prime minister rafic hariri was assassinated in a huge blast that reverberated across lebanon and the region. Statute of the special tribunal for lebanon pdf, 10 june 2007, retrieved 21 march 2011. The stl is a hybrid tribunal in the sense that it is an international court primarily applying domestic national law. Security council expressed its satisfaction with the agreement and its accompanying statute and invited the secretarygeneral to proceed, together with the government of lebanon, in conformity with the constitution of lebanon. Statute of the special tribunal for lebanon special tribunal for.
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. The special tribunal for lebanon stl or tribunal commenced functioning on march 1. Special tribunal for lebanon issues landmark ruling on. Victims have a right to have their views and concerns presented in proceedings.
Command responsibility in international criminal tribunals by judge bakone justice moloto introduction international criminal tribunals have the authority to hold natural persons individually responsible for their involvement in international crimes such. Judicial creativity at the special tribunal for lebanon. Statute of the special tribunal for lebanon having been established by an agreement between the united nations and the lebanese republic hereinafter the agreement pursuant to security council resolution 1664 2006 of 29 march 2006, which responded to the request of the. Hilal khashan is a professor of political science at the american university of beirut. 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. 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.
The legitimacy of international criminal tribunals and the. 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 trial chamber of the special tribunal for lebanon stl has given notice that it will deliver its judgment in the ayyash et al. Special tribunal for lebanon 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. Is there a crime of terrorism under international law. 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.
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