The special tribunal for lebanon is a tribunal of international character. Statute of the special tribunal for lebanon 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. 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. 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 careful reading of the stls jurisdictional provision, however, reveals that the security council left open the possibility of modifying the stl statute to bring other crimes.
The united nations security council, acting under chapter vii of the charter of the united nations endorsed the agreement on 30 may 2007 security council resolution. The special tribunal for lebanon stl is a hybrid interna tional tribunal. Special tribunal for lebanon international law oxford. 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. 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. It has essentially done so in an advisory fashion, at the request of the pretrial judge, in order to provide him with adequate guidance with respect to 15 questions of law. In 2005, lebanese prime minister rafic hariri was assassinated in a huge blast that reverberated across lebanon and the region. 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. The report covers the period from 1 march 2014 to 28 february 2015, and outlines the tribunals progress and achievements during that. Trials in absentia in the lebanese judicial system and at the. A draft agreement between the united nations and the lebanese republic, including the draft statute of the special tribunal, was annexed to the report.
December, 2017 criminal law and criminology 6 min read. Whereas on 10 june 2007, the provisions of the statute of the special tribunal. The special tribunal for lebanon is the first tribunal of international character to prosecute terrorist crimes. Some innovations in the statute of the special tribunal. Assessing the political acceptance of hybrid courts in. The purpose of contempt proceedings of a court or tribunal is to protect the public from wrongful interference with the administration of justice. Statute of the special tribunal for lebanon, established 29 march 2006 entered intoforce 30 may 2007. Nations and the lebanese republic as well as the statute of the special tribunal for lebanon stlstatute therefore automatically entered into force on that date.
Florida international university legal studies research paper no. While the defence limits its arguments to jurisdiction over legal persons, many thirdparty amici curiae have submitted. The special tribunal for lebanon stl has issued four arrest warrants for the 2005 murder of lebanons former prime minister rafik hariri. The special tribunal for lebanon stl is a chapter vii court created for the express purpose of trying the killers of former lebanese prime minister rafiq hariri. It provides an authoritiative guide to the procedure of the tribunal,the. The special tribunal may identify victims who have suffered harm as a result of the commission of crimes by an accused convicted by the tribunal. The special tribunal for lebanon is the latest international criminal tribunal to be established by the united nations. Statute of the special tribunal for lebanon special tribunal for. Special tribunal for lebanon lillian goldman law library. Assessing the political acceptance of hybrid courts in fractured states the case of the special tribunal for lebanon 2 lebanons political system was envisioned as an example of power sharing, favouring the principles of pluralism, communal autonomy, and. Since the stl is one of the most recent tribunals and the first international tribunal with jurisdiction over lebanon or any other country in the middle east, such activities also aim to explain the tribunal in the context of. Though the identity of those indicted is confidential, it is widely believed that two of the four indicted are members of hezbollah.
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. The stls headquarters are on the outskirts of the hague, the netherlands and the tribunal also has an office in beirut, lebanon. Further to security council resolution 17572007 of 30 may 2007, the provisions of the document annexed to it and the statute of the. Tribunal for lebanon stlstatute therefore automatically entered into. 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. 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. While other hybrid courts, including the special court for sierra leone, have competence. On 20 november 2006 and 2 may 2007, the legal counsel briefed the security council on the lebanese. Emergency law, trauma and justice article pdf available in arab studies quarterly 331. On 16 february 2011, the appeals chamber of the special tribunal for lebanon stl issued an interlocutory decision regarding the legal definition of terrorism.
Indictment related to the 14 february 2005 attack confirmed by the pretrial judge and arrest warrants are issued. 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. Special tribunal for lebanon issues landmark ruling on. While other hybrid courts, including the special court. Security council held, inter alia, that the statute of the special tribunal, would enter into force on june 10, 2007. Special tribunal for lebanon 4awi tribunal special pour le. Swart, cooperation challenges for the special tribunal for lebanon. 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. The rules of procedure and evidence of the international criminal tribunal for rwanda obtaining at the time of the establishment of the special court shall be applicable mutatis mutandis to the conduct of the legal proceedings before the special court. Lessons learned day of international criminal justice 10 july 2010 the hague, the netherlands judge daniel d. The stl was inaugurated on 1 march 2009 and has four organs. The cooperation regime of the special tribunal for lebanon1 the special tribunal for lebanon stl. Special tribunal for lebanon, international criminal law, contempt.
Lebanons new hezbollahdominated government has condemned the stl on. Command responsibility and the principle of individual criminal responsibility. The prosecution of corporations before a hybrid international. Attachment 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. Its primary mandate is to hold trials for the people accused of carrying out the. 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. The international tribunal for rwanda shall ha ve the primacy over the national courts of all states.
The special court for sierra leone, the residual 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. This research guide provides an overview about official documents related to the special tribunal for lebanon stl. 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 11 january 1958 on increasing the. Nov 12, 2012 the special tribunal for lebanon stl is a chapter vii court created for the express purpose of trying the killers of former lebanese prime minister rafiq hariri. The registrar shall transmit to the competent authorities of the state concerned the judgement finding the accused guilty of a crime that has caused harm to a victim. The tribunal was established with a mandate to try the perpetrators. 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 twentysix participants included experts in fields such as other international tribunals and in lebanese and international law. 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 defence challenges the jurisdiction of the special tribunal for lebanon tribunal over new tv s.
International and hybrid criminal courts and tribunals. Judicial innovation at the special tribunal for lebanon digital. Statute of the special tribunal for lebanon special. The judges of the special court as a whole may amend the rules of procedure and evidence or.
Dec, 2017 as a consequence, the special tribunal for lebanon appeal chamber decision in 2011 confirmed that a customary rule of international law regarding the international crime of terrorism at least in time of peace has indeed emerged. The law and practice of international courts and tribunals 7 2008 81114. The tribunal was established by the united nations security council resolution 1757 of 30 may 2007, which included as its annex the tribunals statute. Some innovations in the statute of the special tribunal for. The mandate of the special tribunal for lebanon is to prosecute persons respon. It covers the period from 1 march 2009 to 28 february 2010. 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. Special tribunal for lebanon delivers interlocutory. 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 cooperation regime of the special tribunal for lebanon ictr.
Attachment statute of the special tribunal for lebanon. 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. This book looks at how the court was established, its foundational principles based on the statute of the international criminal court and lebanese domestic law, and the possible further development of its case law. The special tribunal for lebanon is an international criminal court that was established by an agreement between the united nations and the lebanese republic pursuant to security council resolution 1664 2006 of 29 march 2006. An examination of superior responsibility in the statute of the special tribunal for lebanon 43. The cooperation regime of the special tribunal for lebanon. Introduction 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. 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. The questions of law submitted by the pretrial judge 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. The stl statute defines the jurisdiction, structure and other important aspects related to the work of the tribunal. Today the appeals chamber of the special tribunal for lebanon delivered an interlocutory decision on several points of applicable law before the tribunal. The digest of case law of the special tribunal for lebanon digest was initially assembled to assist stl defence teams in their everyday practice.
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