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Criminal Responsibility of Individuals in the Special Tribunal for Lebanon

Document Type : Article

Authors

1 Assistant Professor of Department of Criminal Law, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Iran

2 Associate Professor of Faculty of Law, Azad University of Mashhad, Mashhad, Iran

3 Judiciary Research Institute, Tehran, Iran

Abstract

The Lebanese Special Court is a special tribunal established after 2005 assassination of Lebanese politician Rafik Hariri by Security Council with the aim of investigating the assassination and related assassinations and punishing their perpetrators. In this regard, although the statute of the court and its judicial procedure, have made great efforts to a kind of reconciliation between international criminal law and Lebanese domestic criminal law in the field of Criminal responsibility of Individuals. The present study is an attempt to evaluate the procedure of the mentioned court in a descriptive-analytical manner from the perspective of pursuing the criminal responsibility of individuals as well as the fight against the phenomenon of terrorism. The review of the court's practice in the process leading up to the August 18, 2020 verdict indicates that some major shortcomings remain in the institution's achievement of its goals. Recognizing the possibility of a trial in absentia and relying of The Lebanese Special Court on such trials is not only a threat to the human rights of these individuals, but also it seems that the court has not been very successful in providing a comprehensive definition of terrorism as well as in combating the phenomenon of impunity for terrorist acts.

Keywords

Main Subjects

References

  1. English

    1. A) Books
    2. Ambos, K. (2011). ‘Article 25: Individual Criminal Responsibility’.Commentary on the Rome Statute of the International Criminal Court, Second edition
    3. Cupido, Marjolein.(2014) Pluralism In Theories Of Liability: Joint Criminal Enterprise Versus Joint Perpetration” In Pluralism in International Criminal Law. edited by Elies Van Sliedregt and Sergey Vasiliev, Oxford: Oxford University Press.
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    1. B) Articles
    2. Ambos, K. (2007). Joint Criminal Enterprise and Command Responsibility., Journal of International Criminal Justice, 5(1), 159-183.
    3. Bassiouni, M. C. (1990). Functional Approach To General Principles Of International Law., Michigan Journal Of International Law, 11(3), 768-818.
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    5. Elberling, B. (2008). The Next Step In History-Writing Through Criminal Law: Exactly How Tailor-Made Is the Special Tribunal for Lebanon?. Leiden Journal of International Law, 21(2), 529 – 538.
    6. 9. Meloni, C. (2007). Command Responsibility; Mode of Liability for the Crimes of Subordinates or Separate Offence of the Superior?. Journal of International Criminal Justice, 5(3), 619-637.

    10 Milanovic, M. (2007). an Odd Couple Domestic Crimes and International Responsibility in the Special Tribunal for Lebanon. Journal of International Criminal Justice, 5)5(,1139-1152.

    1. Saul, B. (2012). Special Tribunal for Lebanon and Terrorism as an International Crime: Reflection on Judicial Functions. The Sydney Law School Research Paper, n.12/64.
    2. Vetter, G. R. (2000). Command Responsibility of Non-Military Superiors in the International Criminal Court (ICC).Yale Journal of International Law, 25)1(, 89-143.

     

    1. C) Reports
    2. United Nations Security Council (2006). “Report Of The Secretary-General On The Establishment Of A Special Tribunal For Lebanon(Report Of UNSG On STL).” UN Doc. S/2006/839

     

     

    1. D) Documents
    2. Lebanese Criminal Code, 1943
    3. Statute of International Criminal Tribunal for Rwanda (Statute Of ICTR), 1994. http://www.unictr.org/sites/unictr.org/files/legal-library/100131_Statute_en_fr_0.pdf.
    4. Statute of Special Court for Sierra Leone (Statute of SCSL), 2002. http://www.rscsl.org/Documents/scsl-statute.pdf.
    5. United Nations Charter
    6. United Nations Security Council. Statute of the Special Tribunal for Lebanon (Statute of STL). UN Doc. S/RES/1757(2007), 2007.

     

    1. E) Judgments
    2. International Criminal Tribunal for Former Yugoslavia(ICTY) , Prosecutor vs. Furundizia, 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(ICTY), Judgement in The Trial Chamber, Case No. IT-95-17/1-T (1998).
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    4. International Criminal Tribunal for Former Yugoslavia (ICTY), The Prosecutor vs. Blaskic, Judgement in The Appeals Chamber, Case No. IT-95-14-T (2000).
    5. International Criminal Tribunal for Former Yugoslavia (ICTY), The Prosecutor vs. Kupernic, Judgement in The Trial Chamber, Case No. IT-95-16-T (2000).
    6. International Criminal Tribunal for Former Yugoslavia (ICTY), The Prosecutor vs. Kvocka et al, Judgement in The Trial Chamber, Case No. IT-98-30/1-T (2001).
    7. International Criminal Tribunal for Former Yugoslavia (ICTY), Prosecutor v Hadzihasanovic, Case No. IT-01–47–AR72 Judgment in Jurisdiction Appeal 2003).
    8. International Criminal Tribunal for Former Yugoslavia (ICTY), Prosecutor vs. Momčilo Perišić, Judgement in The Appeal Chamber, Case No. IT-04-81-A, (2013).
    9. Internationa Criminal Tribunal for Rwanda(ICTR), The Prosecutor vs Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement of Chamber II 1999).
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    11. Special Tribunal For Sierra Leone, The Prosecutor Against Issa Hassan Sesay Also Known As Issa Sesay, Case No. SCSL-03-07-I-001-B (2003).
    12. Special Tribunal for Sierra Leone, the Prosecutor against Morris Kallon Also Known As Hilai Karim, Indictment Case No. SCSL-03-05-I-001-B (2003).
    13. Special Tribunal for Lebanon, Decision on Appeal of Pre-Trial Judge’s order regarding Jurisdiction and Standing, Case No. CH/AC/2010/02, (2010).
    14. Special Tribunal for Lebanon, Interlocutory decision on the applicable law: terrorism, conspiracy, homicide, perpetration, cumulative charging, Case No. STL-11-01/I, (2011).
    15. Special Tribunal for Lebanon, Prosecutor v Ayyash et al, Indictment, Pre-Trial Judge Case No. STL-11-01/I/PTJ (2011).
    16. Special Tribunal for Lebanon, Prosecutor v. Ayyash et. al., Appeals Chamber Decision on Defense Appeals against Trial Chamber’s Decision on Reconsideration of the Trial in Absentia Decision, Case No. STL, 11-01- PT/AC/AR/126.1(2012)
    17. Special Tribunal For Lebanon, The Prosecutor V. Salim Jamil Ayyash Hassan Habib Merhi Hussein Hassan Oneissi Assad Hassan Sabra,, Stl-11-01/T/Tc,( 2020)

     

    1. F) Thesis
    2. Clere, Almiro, An Examination of the Special Tribunal Lebanon’s Explosive Declaration of Terrorism at Customary International Law, Dissertation for the degree of Bachelor of Law, University of Otago, 2012.

     

    1. G) Website
    2. Fremuth, M. L. (2020) the Special Tribunal for Lebanon: After the Judgment in Ayyash et al., Justice at Last?

    At: http://opiniojuris.org/2020/10/26/the-special-tribunal-for-lebanon-after-the-judgment-in-ayyash-et-al-justice-at-last/

    1. Blanford, N. (2010) Is Hezbollah right that Israel assassinated Lebanon's Rafik Hariri?

    At: https://www.csmonitor.com/World/Middle-East/2010/0810/Is-Hezbollah-right-that-Israel-assassinated-Lebanon-s-Rafik-Hariri

    1. Cornish, C., ‘No evidence’ Hizbollah leaders were behind murder of Rafiq Hariri

    https://www.ft.com/content/39f54c47-eacb-4925-8335-89fc73227a51

     

    References in Persian:

    1. A) Articles
    2. Aghaei Janatmakan, H. (2010). Special Tribunal for Lebanon; a Different Perspective in International Criminal Law. Private Law Studies Quarterly, 39(2), 23-44 (In Persian).
    3. Beigzadeh, E. (2009). Special Tribunal for Lebanon: A step towards expanding the fight against impunity. Legal Research Quarterly, Vol. 12(49), 145-188 (In Persian).
    4. Khalil Salehi, M., Khosrowshahi, H. (2018). Trials in Absentia at the Special Tribunal for Lebanon on the Basis of the International Human Rights. Criminal Law Doctorines, 14(14), 119-144 (In Persian).
    5. Najafi Aberandabadi, Ali Hossein (1994). International Criminal Liability. Legal Research Quarterly, 1(120), 170-199 (In Persian).
    6. Sheikholeslami, A. (2017). Analysis of the New Evolutions in Iranian Criminal law: in the Realm of Offender, Accomplice Aider and Abettor”, Criminal Law Research, 8(15), 135-162 (In Persian).
    7. Werle, G. (2009). Crimes against humanity in contemporary international law. translated by Amirsaed Vakil. International Law Review, 25(39), 59-100 (In Persian).
    8. Zarneshan, S. (2013). the Concept and Nature of Objective Element in the Formation of Customary International Law. Comparative Law Researches, 18(3), 77-99 (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 2 - Serial Number 38
Summer 2024
June 2024
Pages 1205-1228
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History
  • Receive Date: 01 November 2021
  • Revise Date: 03 April 2022
  • Accept Date: 22 May 2022
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