Wednesday, February 16, 2011

STL MEDIA ADVISORY ON THE APPEALS CHAMBER RULING (16th February 2011)

Introduction:
The Appeals Chamber of the Special Tribunal for Lebanon has issued a 152-page interlocutory decision on the fifteen legal questions submitted by the Pre-Trial Judge. In reaching this decision the Appeals Chamber considered the oral submissions by the Prosecution and the Defence Office at a public hearing on 7th February, as well as their written briefs and skeleton arguments.  The Appeals Chamber also received and considered amici curiae briefs (legal opinions) from two academics.
The key rulings of the Appeals Chamber:
1.Interpretation of the Statute
The Appeals Chamber notes that the STL, unlike other international courts, can only apply the rules of Lebanese substantive law about the definition of crimes.   However, the Appeals Chamber states that the Tribunal will apply Lebanese law as interpreted and applied by Lebanese courts, "unless such interpretation or application appears to be unreasonable, might result in manifest injustice, or proves not consonant with international principles and rules binding upon Lebanon".
2. The definition of terrorism
The Appeals Chamber confirms that the STL will apply Lebanese law on the crime of terrorism. The elements of which are:
(i)                  an intentional act, whether or not constituting an offence under other provisions of the Criminal Code, aimed at spreading terror;
(ii)                the use of a means "liable to create a public danger", such as explosive devices, inflammable materials, toxic or corrosive products and infectious or microbial agents.
 
In its detailed examination the Appeals Chamber notes that courts in Lebanon have often taken a narrow approach to part (ii), by only applying the crime of terrorism to the means specifically listed in the code - which excludes for example attacks with guns.  
The Appeals Chamber has concluded that the Code suggests that the list of means of attack is illustrative, not exhaustive, and therefore the definition in the code may be more broadly interpreted by the STL. 
3. Crimes and criminal responsibility
The Appeals Chamber has ruled that in relation to the crimes of homicide and conspiracy, Lebanese law applies.
The STL Statute has two references to the modes of criminal responsibility with Article 2 focusing on the Lebanese Criminal Code and with Article 3 outlining modes of responsibility that are based on international criminal law.
The Appeals Chamber has considered the possibility of conflict between the two legal systems and concludes that Lebanese and international law mostly overlap in this area.
When there is no conflict between Lebanese and international law, the Appeals Chamber states that Lebanese law must be applied. If there is conflict, then the legal system that proves more favourable to the accused must be applied.
4. Multiple offences and cumulative charging
This focuses on whether:
(a)    the same conduct (say, planting a bomb) by an individual may result in different charges (for example, murder and terrorism)?  
 
(b)   a defendant can be charged in a cumulative way (for both murder and terrorism) or should they be charged alternatively (for either murder or terrorism)?
 
The Appeals Chamber notes that Lebanese law allows for multiple charging and so concludes that this should be applied at the STL. The Appeals Chamber also reminds the Prosecutor that care should be taken to provide the utmost clarity to the accused about the charges that they face. Cumulative charging will only be allowed when the offences are truly distinct in nature.
Frequently asked questions
How long will it take for the Pre-Trial Judge to review the indictment?
The initial estimate for the review of the indictment was at leastsix to ten weeks. This timeframe still stands, although given the complexity of the subject and the volume of the supporting materials the process may well take more than ten weeks.
When will the contents of the indictment be made public?
During the review process the indictment remains confidential in part to protect the individual(s) named. There is an expectation that if the indictment is confirmed its contents will be made public. However in exceptional circumstances, both the Prosecution and the head of the Defence Office may request that in the 'interest of justice' a confirmed indictment remain confidential ('under seal'). The Pre-Trial Judge would rule on any such request.

Monday, February 14, 2011

UN reaffirms support for Lebanon tribunal on 6th anniversary of ex-premier’s death.

14 February 2011 – Secretary-General Ban Ki-moon today marked the 6th anniversary of the murder of former Lebanese Prime Minister Rafiq Hariri by stressing United Nations support for the court set up to uncover the truth despite the reported attempts by Hizbollah to close it down.
"The Secretary-General reaffirms the commitment of the United Nations to the efforts of the Special Tribunal for Lebanon to uncover the truth so as to bring those responsible to justice and send a message that impunity will not be tolerated," a statement issued by his spokesman said.
Lebanon's previous government, led by Mr. Hariri's son, Saad, collapsed in January after 11 Hizbollah and allied ministers resigned, reportedly over the Government's refusal to cease cooperation with the tribunal, which the media says was about to indict Hizbollah members for the murders.
At the end of last month, Mr. Ban called on the newly designated Government led by Najib Mikati to continue to cooperate with the Tribunal, set up following a probe by the International Independent Investigation Commission after an earlier UN mission found that Lebanon's own inquiry into the massive car bombing that killed Mr. Hariri and 22 others was seriously flawed.
The Commission also found that Syria was primarily responsible for the political tensions that preceded the attack. The court received its first indictment in January, but the contents remain confidential at this stage.
Today's statement said Mr. Ban "stands with the people of Lebanon in commemorating the life and achievements of Mr. Hariri and renews his condolences to the families of the victims of this crime." He also called for the full implementation of all Security Council resolutions pertaining to Lebanon.
These include resolution 1701, which ended a month-long war between Israel and the Hizbollah militia in 2006. It calls for respect for the Blue Line separating Israel and Lebanon, the disarming of all militias in Lebanon, which would include Hizbollah, and an end to arms smuggling in the area. The UN has repeatedly condemned Israeli over-flights of Lebanese territory since then and, according to media reports, Hizbollah has received thousands of new missiles and other arms.

Statement Attributable to the Spokesperson for the S-G. on the Sixth Anniversary of the assassination of Rafiq Hariri.

New York, 14 February 2011 - As Lebanon marks the sixth anniversary of the terrorist attack that took the lives of former Lebanese Prime Minister Rafiq Hariri and 22 others, the Secretary-General stands with the people of Lebanon in commemorating the life and achievements of Mr. Hariri and renews his condolences to the families of the victims of this crime.

The Secretary-General reaffirms the commitment of the United Nations to the efforts of the Special Tribunal for Lebanon to uncover the truth so as to bring those responsible to justice and send a message that impunity will not be tolerated.

The Secretary-General also calls for the full implementation of all Security Council resolutions pertaining to Lebanon.

Sunday, February 13, 2011

Statement by the President on the Anniversary of the Assassination of Rafiq Hariri on February 14th.

THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
February 13, 2011
On this sixth anniversary of the murder of former Lebanese Prime Minister Rafiq Hariri and 22 other innocent victims, the United States reaffirms our strong support for the Special Tribunal for Lebanon and its mission to find the truth behind that outrageous act of terrorism. Ending the era of impunity for political assassinations is essential to realizing the justice and stability that the Lebanese people deserve, and any attempt to interfere with the Tribunal's work or fuel tensions within Lebanon must not be tolerated.

The cause for which Prime Minister Hariri and so many Lebanese patriots gave their lives must remain our guide. To this end, the United States will never waver in our support for the sovereignty, integrity and independence of Lebanon, and we remain committed to the full implementation of UN Security Council Resolutions 1559, 1680, and 1701. At this critical moment, we call on all friends of Lebanon to stand with the people of Lebanon, who must be free to determine their own destiny. And those Lebanese who forge their future in a spirit of peace and reconciliation will continue to have a strong partner in the United States.

Anniversary of Former Lebanese Prime Minister Hariri's Assassination.

The February 14, 2005 assassinations of former Lebanese Prime Minister Rafiq Hariri and 22 others with a car bomb in downtown Beirut changed Lebanon forever. The assassination of "Mr. Lebanon" reminded all Lebanese of the fragility of their pluralistic system. Rafiq Hariri was not only a symbol for Lebanon; he was a husband, father, brother, and friend. He transcended sect and stood with the people of Lebanon, giving hope to his country after 15 years of ruinous civil war.
For decades, the people of Lebanon have fought for their inherent right to live free from fear of murder for political reasons. We call on the next Lebanese government to provide stability and promote justice for the people of Lebanon by honoring its obligations to the Tribunal. This is a decisive moment for Lebanon. No more Lebanese families should ever have to mourn the deaths of loved ones at the hand of cowardly assassins. Those who would try to block Lebanon's cooperation should desist and show a measure of human decency. Ultimately, without justice, there can be no peace and stability for Lebanon.
The United States continues its unwavering support for the full implementation of UN Security Council Resolutions 1701, 1680 and 1559. These resolutions are testaments to Lebanon's sovereignty and independence. The United States and the international community stand solidly behind the people of Lebanon as they observe this day of sorrow. We remain committed to working together for a peaceful, prosperous, and sovereign Lebanon.