Special Tribunal for Lebanon

United States Views

By John B. Bellinger, III, Legal Adviser to the United States Secretary of State (2008):
The Special Tribunal for Lebanon represents yet another model for international criminal justice. The Tribunal was created, in accordance with UN Security Council Resolution 1757, to bring to justice those responsible for the murder of former Lebanese Prime Minister Rafik Hariri and others. The Tribunal’s mandate is to prosecute violations of Lebanese domestic law. This distinguishes the tribunal from the ICTY and the ICTR, whose jurisdiction covers war crimes, genocide, and crimes against humanity. The Lebanon Special Tribunal is, in other words, an international institution set up to prosecute domestic crimes. Usually the prosecution of such crimes is left to a state’s internal legal process, but Lebanon was a case where that process was itself subverted by threats of violence and terrorism. We therefore believe an international criminal justice mechanism is necessary in order to deter further political assassinations and to protect the sovereignty of Lebanon.

The Tribunal process is now underway, and, as the UN Secretary General has affirmed, that process is irreversible. The Tribunal will sit in The Hague, and we are grateful once again to the Dutch for their willingness to host, particularly in light of the security and safety challenges the Lebanon Tribunal presents. The United States has been a principal supporter of the Tribunal. So far, we have contributed $14 million toward the set up and first-year operations of the Tribunal, and we expect to continue to be among the Tribunal’s strongest backers. In addition, we fully support the work of Daniel Bellemare, Commissioner of the UN International Independent Investigation Commission, or UNIIC. We look forward to his next report and recommendations on whether to extend UNIIIC’s mandate or open the Tribunal. In the end, it is important that the Tribunal will ultimately punish those responsible for the assassination of former Prime Minister Hariri and others in Lebanon and help ease civil discord.

Special Tribunal For Lebanon in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On January 17, 2011, the Office of the Prosecutor for the Special Tribunal for Lebanon filed an indictment relating to the assassination of former Prime Minister Rafiq Hariri and 22 others. Both Secretary Clinton and President Obama issued statements welcoming the issuance of the indictment. Secretary Clinton’s January 17, 2011 statement is available at (internet link) state.gov/secretary/rm/2011/01/154713.htm. She said:

Developments

Today’s action by the Prosecutor for the Special Tribunal for Lebanon is an important step toward justice and ending impunity for murder. Those who oppose the Tribunal seek to create a false choice between justice and stability in Lebanon; we reject this.

We are confident that the Tribunal will continue to operate according to the highest standards of judicial independence and integrity. We call on all parties to promote calm and continue to respect the Tribunal as it carries out its duties in a professional and apolitical manner.

The United States and all friends of Lebanon stand together in support of its sovereignty and independence. While great progress has been made since this deadly attack in 2005, it will be impossible to achieve the peace and stability that the people of Lebanon deserve unless and until the era of impunity for political assassinations in Lebanon is brought to an end.

Details

The January 17, 2011 White House Statement, Daily Comp. Pres. Docs. 2011 Doc. No. 00030, p. 1, similarly welcomed the issuance of the indictment and called for continued progress by the Tribunal:

More about the Issue

I welcome the announcement by the Office of the Prosecutor for the Special Tribunal for Lebanon today that he has filed an indictment relating to the assassination of former Prime Minister Rafiq Hariri and 22 others. This action represents an important step toward ending the era of impunity for murder in Lebanon, and achieving justice for the Lebanese people. I know that this is a significant and emotional time for the Lebanese people, and we join the international community in calling on all Lebanese leaders and factions to preserve calm and exercise restraint. The United States is a strong friend of Lebanon and we stand steadfastly with others in support of Lebanese sovereignty, independence, and stability.

The Special Tribunal for Lebanon must be allowed to continue its work, free from interference and coercion. That is the way to advance the search for the truth, the cause of justice, and the future of Lebanon. Those who have tried to manufacture a crisis and force a choice between justice or stability in Lebanon are offering a false choice, as the Lebanese people have a right to both justice and stability, and efforts to undercut the STL only legitimize its efforts and suggest its opponents have something to hide. Any attempt to fuel tensions and instability, in Lebanon or in the region, will only undermine the very freedom and aspirations that the Lebanese people seek and that so many nations support. At this critical moment, all friends of Lebanon must stand with the people of Lebanon.

Special Tribunal For Lebanon in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In July 2011, Secretary Clinton issued another statement calling attention to the importance of the confirmation of the indictments by the Special Tribunal for Lebanon. Her July 1, 2011 statement is available at (internet link) state.gov/secretary/rm/2011/07/167488.htm and appears below:

More about Special Tribunal For Lebanon

The United States congratulates the Special Tribunal for its hard work on completing this important step. We understand that this is an emotional and significant period for all involved, and we call on all parties to promote calm and continue to respect the Special Tribunal as it carries out its duties in a professional and apolitical manner.

The confirmation of the indictments by the pre-trial judge and their delivery by the Special Tribunal to the Lebanese authorities is an important milestone toward justice and ending a period of impunity for political violence in Lebanon. We call on the Government of Lebanon to continue to meet its obligations under international law to support the Special Tribunal.

The Special Tribunal is an independent judicial entity, established by an agreement between the Lebanese Government and the United Nations in response to a very difficult time in Lebanon’s history. Its work is legitimate and necessary. It represents a chance for Lebanon to move beyond its long history of political violence and to achieve the future of peace and stability that the Lebanese people deserve. Those who oppose the Special Tribunal seek to create a false choice between justice and stability. Lebanon, like any country, needs and deserves both.

Special Tribunal for Lebanon in 2013

United States views on international law [1] in relation to Special Tribunal for Lebanon: The State Department issued a press statement on December 30, 2013, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/219182.htm, in which the United States welcomed Lebanon’s decision to meet its 2013 funding obligations to the Special Tribunal for Lebanon. The press statement went on to say:

We recognize and commend caretaker Prime Minister Mikati’s strong leadership in ensuring that the government met this important commitment. We fully support the work of the Tribunal and its efforts to find and hold accountable those responsible for reprehensible and destabilizing acts of violence in Lebanon.

Some Aspects of Special Tribunal for Lebanon

The December 27 assassination bombing in Beirut is a stark reminder that for too long, Lebanon has suffered from a culture of impunity for those who use murder and terror to promote their political agenda against the interests of the Lebanese people. The Tribunal, working with the Government of Lebanon, will help end this impunity by providing a transparent, fair process to determine responsibility for the terrorist attack that killed former Prime Minister Hariri and scores of others. Continued financial support and ongoing cooperation by Lebanon’s political, judicial, and law enforcement authorities are critical to the Tribunal’s work. That is why the United States has provided strong financial support to the Tribunal since its inception, and we will continue to do so. We urge the international community to continue to support the Tribunal and the Government of Lebanon to achieve the shared goals of ensuring justice and ending impunity. We stand with the Lebanese people in these efforts and will continue to do so.

Special Tribunal For Lebanon

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Special Tribunal for Lebanon

Embracing mainstream international law, this section on special tribunal for lebanon explores the context, history and effect of the area of the law covered here.

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See Also

• International Criminal Law
• Tribunals
• Special Tribunals
• Lebanon

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Further Reading

• The entry “special tribunal for lebanon” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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Notes

1. Special Tribunal for Lebanon in the Digest of United States Practice in International Law