Friday, March 2, 2012

Request to define the crime “criminal association”

Leidschendam, 2 March 2012 - The Pre Trial Judge has requested the Appeals Chamber to define the crime of "criminal association" following the Prosecution's recent request to amend the indictment.
On 8 February, the Prosecution requested to amend the indictment in a confidential filing only to the Pre Trial Judge. The contents of the amended indictment remain confidential. The Prosecution is seeking to add a new count to the indictment of "criminal association", which is an offence under the Lebanese Penal Code (article 335).

Under the Tribunal's Rules, the Pre Trial Judge may ask the Appeals Chamber to deal with such preliminary questions. This happened last year when the Appeals Chamber was asked to define terrorism and conspiracy, amongst other crimes. At that time, the Appeals Chamber was not called on to define the crime of "criminal association".

The Pre Trial Judge will rely on the Appeals Chamber's definition in his review of the Prosecution's request to amend the indictment. He can confirm or reject the proposed amendments completely or in part.

Media Advisory – STL President answers frequently asked questions on video

Leidschendam, 1 March 2012 – The first public statements by Judge Sir David Baragwanath, the Tribunal's President, on a number of key issues including the so-called "false witnesses" and connected cases, are now available on the STL website.
The videos are available on as well as the STL Youtube channel and high-resolution versions are being distributed to broadcast media.
In the videos, the STL President addresses the issues of the so-called "false witnesses", how the Tribunal determines connected cases, whether the STL can try political assassinations that occurred in Lebanon after 2005 or the deaths of Lebanese civilians in the 2006 war, and how the STL contributes to the rule of law in Lebanon.
  • Can the STL try political assassinations in Lebanon that occurred after 2005?
  • How can the STL contribute to the rule of law in Lebanon?
  • Can the STL consider the issue of the so-called "false witnesses"?
  • How does the Tribunal determine that attacks are "connected" to the 14 February attack?

Wednesday, February 29, 2012


New York, Feb 29 2012 2:10PM
Secretary-General Ban Ki-moon today appointed Norman Farrell of Canada as the prosecutor of the United Nations-backed independent tribunal set up to try those responsible for the 2005 assassination of former Lebanese prime minister Rafiq Hariri.

Mr. Farrell replaces Daniel Bellemare, who has completed his term as prosecutor of the Special Tribunal for Lebanon (STL). Mr. Farrell is currently deputy prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY).

Mr. Ban expressed his gratitude to Mr. Bellemare for his leadership in advancing the work of the Special Tribunal.

The Secretary-General also appointed Daniel David Ntanda Nsereko of Uganda as an international judge of the appeals chamber of the special tribunal. Mr. Nsereko is currently a judge in the appeals division of the International Criminal Court (ICC). He replaces the late Antonio Cassese, who was also a former president of the STL.

"In announcing these appointments, the Secretary-General once again reiterates the commitment of the United Nations to the efforts of the Special Tribunal for Lebanon to uncover the truth regarding the terrorist attack that took the lives of former Lebanese Prime Minister Rafiq Hariri and 22 others, as well as other connected attacks, so as to bring those responsible to justice and send a message that impunity will not be tolerated," said a statement issued by his spokesperson.

The STL is an independent court created at the request of the Lebanese Government, with a mandate issued by the Security Council.

Mr. Hariri and the 22 others were killed on 14 February 2005 after a massive car bomb exploded as his motorcade passed through central Beirut.

Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra, all Lebanese nationals, have been indicted over the killing. They will be tried in absentia after the STL determined earlier this month that all reasonable attempts had been made to inform the four men of the charges they face and to bring them before the court.