Statute of the special tribunal for lebanon pdf file

The special tribunal for lebanon is the latest international criminal tribunal to be established by the united nations. Special tribunal for lebanon issues landmark ruling on. The tribunal was established by the united nations security council resolution 1757 of 30 may 2007, which included as its annex the tribunals statute. Terrorism according the special tribunal for lebanons. The special tribunal for lebanon stl has made an important procedural ruling on the definition of terrorism. Statute of the international tribunal for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former yugoslavia since 1991, u. Excellent examples are the special court for sierra leone and the special tribunal for lebanon. Corporate criminal liability in international criminal law. The special tribunal for lebanon is the first tribunal of international character to prosecute terrorist crimes.

Unlike other hybrid tribunals which mix international and national law, the special tribunal for lebanon is based only on lebanese criminal law as well as the lebanese definition of terrorism as defined in article 314 of the penal code. He served formerly as attorney adviser for law enforcement and intelligence, and attorney adviser for united nations affairs at the u. Pdf is not rendering correctly, you can download the pdf file. In 2005, lebanese prime minister rafic hariri was assassinated in a huge blast that reverberated across lebanon and the region. The international tribunal for rwanda shall ha ve the primacy over the national courts of all states. Tribunal for lebanon stlstatute therefore automatically entered into. The authors include academics from various legal systems. 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. Introduction the special tribunal for lebanon hereinafter only stl was created upon an agreement between the united nations and the lebanese republic.

Equipo nizkor domestic implementation of international. 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. The statute is attached to this agreement and forms an integral part thereof. The trial chamber of the special tribunal for lebanon stl has given notice that it will deliver its judgment in the ayyash et al. It summarizes the main outcomes of a meeting of experts, held by chatham house in november 2010. 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. A draft agreement between the united nations and the lebanese republic, including the draft statute of the special tribunal, was annexed to the report. After opening its doors on 1 march 2009, things were relatively quiet for the new court.

Nevertheless, the past experiences of united nations international independent investigation commission and recently the stl have revealed challenges and lacunae in. Special tribunal for lebanon 4awi tribunal special pour le. All activities undertaken by the prosecutor under the statute and the rules. Prominent examples are the special panels for serious crimes in east timor, the former.

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. Defence to file sufficiently detailed summaries of facts on which each witness is. The definition adopted by the tribunal draws on lebanese and international law concepts of terrorism. On the definition of terrorism according to the special. Gu6nael mettraux, the 2005 revision ofthe statute ofthe iraqi special tribunal, 5. The cooperation regime of the special tribunal for lebanon. 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. See statute of the special court for sierra leone, art. The cox centera s war crimes research office provides legal research memoranda on issues pending before the special tribunal for lebanon and other international criminal courts. A person against whom one or more counts in an indictment. 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 sui generis system seems nonetheless to have had mainly adversarial overtones. Overview internal regulatory documents annual reports administrative documents defence documents home documents.

The decision is important as there is currently no universal international law definition of. For a quick access of the stl statute in arabic, english and french. Special court for sierra leone global policy forum. 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. 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. The views expressed in this document are solely those of the author. 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. Trial judge is unable to compile such an exhaustive file for the trial chamber, rule 145 b envisages. The special tribunal for lebanon is the first international court to treat terrorism as a distinct crime april 11, 2014 5. Ventura abstract on 16 february 2011, the appeals chamber of the special tribunal for lebanon stl handed down its unanimous interlocutory decision on the applicable law in. 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. The tribunal was established with a mandate to try the perpetrators. The special tribunal for lebanon stl, also referred to as the lebanon tribunal or the hariri. The agreement between the united nations and the lebanese republic on the establishment of a special tribunal for lebanon, annexed to security council resolution 17572007.

Attachment statute of the special tribunal for lebanon. The special tribunal for lebanon stl american university of beirut. Criminal responsibility of legal persons introduced by the. 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 14 february 2005 that resulted in the death of thenlebanese prime minister rafiq hariri the hariri attack as well as related attacks. The tribunal further took note of the statute of the special tribunal for lebanon and of the agreement between the united. The extraordinary chambers in the courts of cambodia eccc is a special cambodian court which receives international assistance through the united nations assistance to the khmer rouge trials unakrt this web site is to introduce you to the extraordinary chambers and answer some of the questions people commonly ask about the trials. It was established by the united nations charter, which was signed in 1945 in san francisco united states, and began work in 1946 in the peace palace, the hague netherlands. Some innovations in the statute of the special tribunal. While other hybrid courts, including the special court. Special tribunal for lebanon gives ruling on which. Lebanon stl seeks to prosecute the perpetrators of lebanons prime minister rafiq. Pdf the special tribunal for lebanon stl represents a sui generis. The opinions expressed in this report do not necessarily reflect the view of.

Is a tribunal of an international character equivalent to an international criminal court. May 30, 2007 the special tribunal shall function in accordance with the statute of the special tribunal for lebanon. Special tribunal for lebanon swiftly adopts its rules of. 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. Its legal basis is an agreement between the united nations and the government of lebanon, to which the statute of the tribunal is attached. 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 digest of case law of the special tribunal for lebanon digest was initially. Based on the decision of the special tribunal and pursuant to the relevant national legislation, a victim or persons claiming through the victim, whether or not such victim had been identified as such by the tribunal under paragraph 1 of this article, may bring an action in a national court or other competent body to obtain compensation. Piece jointe statut du tribunal special pour le liban. Tribunal for the former yugoslavia icty, the international criminal tribunal for rwanda ictr, the special court for sierra leone. The court is the principal judicial organ of the united nations. 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. Article ii, special tribunal for lebanon, financial rules and regulations, 5 june 2008. Pdf the subjectmatter jurisdiction of the special tribunal for. Special tribunal for lebanon lillian goldman law library. Victims are entitled to receive caserelated documents and may be permitted to call witnesses and tender evidence at trial.

The rome statute of the icc at its twentieth anniversary. 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 advent of the special tribunal for lebanon has been the first serious effort for accountability and ending impunity for political assassinations in lebanons modern history. Disclosure of reports, memoranda or other internal documents. Hamadeh, order directing the lebanese judicial authority seized with the case concerning the attack perpetrated against mr elias elmurr on 12 july 2005 to defer to the special tribunal for lebanon, stl1102 ptj, aug. Special tribunal for lebanon special tribunal for lebanon. On 16 february 2011, the appeals chamber of the special tribunal for lebanon stl issued an interlocutory decision regarding the legal definition of terrorism. Fair and effective investigation and prosecution of. While the defence limits its arguments to jurisdiction over legal persons, many thirdparty amici curiae have submitted. The iraqi high tribunal iht, formerly the iraqi special tribunal and sometimes referred to as the supreme iraqi criminal tribunal, is a body established under iraqi national law to try iraqi nationals or residents accused of genocide, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. 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.

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 before the pretrial judge can determine whether to confirm the mdictment currently before him. On 20 november 2006 and 2 may 2007, the legal counsel briefed the security council on the lebanese. One international tribunal, the special tribunal for lebanon, has extended the scope of liability to a corporation. Domestic crimes and international responsibility in the special tribunal for lebanon, 2007 5 jicj 19, at 1140. Terrorism according to the special tribunal for lebanon s interlocutory decision on the applicable law. Footnote 19 handbook on the special tribunal for lebanon. The united nations administrative tribunal was established by general assembly resolution 351 a iv of 24 november 1949. 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. An examination of superior responsibility in the statute of the special tribunal for lebanon in. Statute of the special tribunal for lebanon pdf, 10 june 2007, retrieved 21 march 2011. 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. Ictr or in cooperation with it such as the special court for sierra leone and the special tribunal for lebanon. We identified this pool of cases based on secondary literature, interviews with current or former court staff, and experts knowledgeable about the use of digital evidence in international criminal courts.

The attempt to include crimes against humanity in the statute did not succeed. Lebanon rafik hariri,1 the special tribunal for lebanon stl is the latest of the international hybrid tribunals to emerge in the international system. The appeals chamber of the special tribunal for lebanon respectively chamber and tribunal was seized on 2 march 2012 of a request by the pretrial judge of the tribunal submitted pursuant to rule 68g of the rules of procedure and evidence of the tribunal rules. 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.

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. The stl statute defines the jurisdiction, structure and other important aspects. Pdf defining terrorism at the special tribunal for lebanon.

Exceptions to such immunity are contained in thestatutes of international criminal. On 16 february 2011, the appeals chamber of the special tribunal for lebanon stl handed down its unanimous interlocutory decision on the applicable law in response to a number of questions put to them by the pretrial judge. It covers the period from 1 march 2009 to 28 february 2010. In the absence of an indictment, the courts sole case involved, in effect, a freedom of. The special tribunal will then take any measure to address the matter in accordance with the statute and rules of procedure and evidence. Is lebanon s special tribunal a turning point in international law. 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. Criminal procedure at the special tribunal for lebanon a snapshot. Extraordinary chambers in the courts of cambodia eccc.

Special tribunal for lebanon administration of the lebanese judiciary disclaimer. 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. Whereas on 10 june 2007, the provisions of the statute of the special tribunal. Statute of the special tribunal for lebanon special tribunal for. The special jurisdiction for peace in colombia 5 due process of law foundation dplf thus seeks to make a contribution to the colombian peace process which, through its. An examination of superior responsibility in the statute. The second type of hybrids are mixed domesticinternational courts that form part of the domestic system, but with adjustments in relation to the composition of staff or the applicable law. The lebanese case file compiled by the lebanese investigative judges.

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 cooperation regime of the special tribunal for lebanon ictr. The mandate of the special tribunal for lebanon is to prosecute persons respon. Assessing the political acceptance of hybrid courts in fractured.

Judicial creativity at the special tribunal for lebanon. The rome statute of the icc at its twentieth anniversary achievements and perspectives is an edited book comprising of chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the rome statute and international criminal law. The working languages of the tribunal are english, french and arabic, but in some cases, knowledge of dutch, the language of the host country, is beneficial. Lebanon is a parliamentary republic based on the 1943 national pact, which apportions governmental authority among a maronite christian president, a shia speaker of the chamber of deputies parliament, and a sunni prime minister. The special jurisdiction for peace in colombia dplf. Rule 2 definitions a in the rules, unless the context otherwise requires, the following terms shall mean. 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. The statute was amended by the general assembly at various times. 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 for connected. Corporate criminal liability under international law. External link rules of procedure and evidence of the special tribunal for lebanon. 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. Statute of the special tribunal for lebanon, for a critical analysis of the establishment of the stl, see the overview about the motions on the legality of the stl in. The act of taking a suspect, accused or witness into custody pursuant to a warrant of arrest.

Home documents legal documents statute of the special tribunal for lebanon. Security council held, inter alia, that the statute of the special tribunal, would enter into force on june 10, 2007. Lebanese prime minister rafiq hariri and others, the special tribunal for lebanon hereinafter the special tribunal shall function in accordance with the provisions of this statute. 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. It is the first international tribunal to try crimes under domestic law and to deal with terrorism as a distinct crime. Terrorism according to the stls interlocutory decision on.