STL Media Advisory March 18 2011

Leidschendam, 18th March 2011- The Special Tribunal for Lebanon can confirm that the Prosecutor submitted a confidential and ex parte application to the Pre-Trial Judge on 10th March 2011. The filing, which relates to documents that Mr El Sayed alleges are connected to his detention in Lebanon, was ordered by the Pre-Trial Judge on 7th February 2011. The Prosecutor was asked to provide reasons why the release of these documents could amongst other things prejudice ongoing or future investigations or could put people's lives at risk.
The Pre-Trial Judge is currently studying the Prosecutor's application and will rule on it in due course. The decision to publicly confirm this filing was made with the approval of the Pre-Trial Judge.
ENDS

Media Advisory: Special Tribunal for Lebanon hosts representatives of Lebanese NGOs

Leidschendam, 17 March 2011 – More than twenty members of non-governmental organisations from Lebanon have visited the STL for briefings on the work of the court. The representatives, who travelled to The Hague for a seminar on the development of international justice, met officials from all the organs in the Tribunal. They were also given a tour of the courtroom.

The three-day event explores international justice and the challenges that human rights activists face in this field. The participants heard presentations at the Asser Institute in The Hague and visited the International Criminal Tribunal for the Former Yugoslavia (ICTY).

On Friday the group will go to the International Criminal Court (ICC) and will also meet members of NGOs including the Coalition for the International Criminal Court, the International Federation for Human Rights, as well as Parliamentarians for Global Action.

The event was organised by the Lebanese NGO Justice without Frontiers in cooperation with the Outreach office of the STL.

ENDS

President of the STL publishes Annual Report

Leidschendam, 4th March 2010 - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, has published the second STL Annual Report, which outlines the successes of the past year as well as the challenges that the Tribunal has faced. 
 

"This has been a momentous year for the STL", said Judge Antonio Cassese. "The submission of the first indictment by the Prosecutor to the Pre-Trial Judge was highly significant and it marked the start of the judicial phase of the STL's life."
 

The Annual Report provides an overview of the work of all the organs within the Tribunal. Amongst the highlights of the past year has been the intensification of investigations by the Office of the Prosecutor, as well as the submission of an indictment. 
 

The Defence Office has had an important role in judicial proceedings and has also drawn up a list of counsel who will be available to represent any accused. The Registry has once again ensured the efficient and smooth management of the Tribunal, with the Registrar being particularly active in fundraising.
 

During 2010-11 there were also several judicial developments, notably the landmark and unanimous ruling by the Appeals Chamber in February 2011, which clarified the definition of terrorism as well as the applicable law in trials at the STL.  

In his conclusion to the Annual Report, Judge Antonio Cassese, underlines the challenges that the STL faces as it continues to fulfill its mandate. These include a difficult security environment, as well as the costs of ensuring that our work is both efficient and transparent. 

Judge Cassese also outlines his vision for the STL over the coming year noting his desire for investigations to be completed and for all indictments to be submitted to the Pre-Trial Judge by the end of February 2012.

ENDS

 

STL Media Advisory on Annual Report

Leidschendam, 2 March 2011 – The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, has delivered a copy of the Second Annual Report of the Tribunal to the UN Secretary-General and to the Government of Lebanon. The Report explains the progress that has been made over the past year, as well as the challenges that the Tribunal has faced. It will be publicly available in the coming days.

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 7^th 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.

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.