This blog of the Lebanese Center for Human Rights (CLDH) aims at granting the public opinion access to all information related to the Special Tribunal for Lebanon : daily press review in english, french and arabic ; UN documents, etc...

Ce blog du
Centre Libanais des droits humains (CLDH) a pour objectif de rendre accessible à l'opinion publique toute l'information relative au Tribunal Spécial pour le Liban : revue de presse quotidienne en anglais, francais et arabe ; documents onusiens ; rapports, etc...
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PRESS REVIEW

UN presses for cooperation in Hariri case

Daily Star - UN presses for cooperation in Hariri case, September 22, 2007

States Withholding suspects will be deemed 'morally responsible'
By Hani M. Bathish

BEIRUT: The UN Undersecretary General for Legal Affairs Nicholas Michel said Friday that states which refuse to hand over individuals on their territories accused in the assassination of former Premier Rafik Hariri must give an explanation for their action or they will be considered "morally responsible" for the crime. Michel, speaking to journalists gathered at UN House in Beirut via Internet uplink from UN headquarters in New York, said the operating cost of the Special Tribunal for Lebanon to try suspects in the slaying of Hariri for three years is estimated to be around $120 million, with the Lebanese state paying 49 percent of that amount, just under $60 million. He said that the four key aspects that the UN General Secretariat is focusing its efforts on right now are the location of the seat of the Special Tribunal, the appointment of judges and prosecutors, the court's operating budget and funding. Michel added that all UN member states must submit candidates for judges no later than September 24. He said meetings with officials from the Netherlands, which has expressed willingness to host the tribunal, were constructive and held in a welcoming atmosphere. Michel said the UN will ask for funding from all member states, adding that a management committee will ensure the "rational use" of funds but the committee will have absolutely no judicial competence whatsoever. "The judicial rules establishing the tribunal guarantee impartiality. Those who pay [for the tribunal] will have no say in judicial activity," he added. Michel said UN chief Ban Ki-moon is aware of the need to have a "smooth transition" between the International Investigation Commission and the prosecutor to be appointed for the Special Tribunal. He said a prosecutor should be appointed by the end of the year. The chief investigator in the Hariri assassination, Serge Brammertz, arrived in Beirut Friday morning. The investigation commission will be examining the latest bomb site where MP Antoine Ghanem lost his life on Wednesday, and adding the slaying to its caseload.
Michel said the estimated cost of running the tribunal for the first year is pegged at $35 million, while for the second year is $45 million and for the third year $40 million. Michel stressed that these are only preliminary figures and do not include the cost of establishing the tribunal's premises and office space for staff.. Michel said the General Secretariat aims to set up a "purely judicial" mechanism to meet the highest standards of justice, striving for an independent and impartial tribunal. He said it is difficult to peg a finalized budget before more "specific information is received on premises and the condition of service of the judges." Michel said it is equally impossible to say right now how long the tribunal will go on. The current assumption is for three years, on which the cost estimates are based. He stressed the importance of choosing a prosecutor to follow Brammertz, but he added that a prosecutor will not start work when appointed, only when the tribunal starts its operation. Asked how the UN will guarantee that judges from Israel, Syria and Iran will not be appointed by the selection committee, Michel said the selection panel works in total impartiality and cannot set criteria for excluding certain states as the selection process is open to all member states. "The selection panel will be mindful to select the best judges for this tribunal, mindful that justice must be seen to be done, among the conditions for this is that a suitable candidate must be impartial," he said. He insisted that the tribunal will be set up to make sure no one escapes justice, adding that justice and peace are interlinked and justice leads to peace. Regarding the case of the four officers suspected in the Hariri assassination and detained by Lebanese judicial authorities, Michel said the jurisdiction in the case of those detained rests exclusively with the Lebanese authorities. "It would be inappropriate for us to interfere in this matter of domestic Lebanese judicial procedure," Michel said. "The investigation commission has given Lebanese authorities the factual elements in its possession to remain well informed in this matter." He added that the tribunal will not have a jurisdictional authority in this matter unless and until the tribunal commences functioning.

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Background - خلفية

On 13 December 2005 the Government of the Lebanese Republic requested the UN to establish a tribunal of an international character to try all those who are alleged responsible for the attack of 14 february 2005 that killed the former Lebanese Prime Minister Rafiq Hariri and 22 others. The United Nations and the Lebanese Republic consequently negotiated an agreement on the establishment of the Special Tribunal for Lebanon.

Liens - Links - مواقع ذات صلة

The Washington Institute for Near East Policy, David Schenker , March 30, 2010 . Beirut Spring: The Hariri Tribunal Goes Hunting for Hizballah


Frederic Megret, McGill University, 2008. A special tribunal for Lebanon: the UN Security Council and the emancipation of International Criminal Justice


International Center for Transitional Justice Handbook on the Special Tribunal for Lebanon, April 10, 2008


United Nations
Conférence de presse de Nicolas Michel, 19 Sept 2007
Conférence de presse de Nicolas Michel, 27 Mars 2008


Département d'Etat américain
* 2009 Human Rights report
* 2008 Human Rights report
* 2007 Human Rights report
* 2006 Human Rights report
* 2005 Human Rights report



ICG - International Crisis Group
The Hariri Tribunal: Separate the Political and the Judicial, 19 July, 2007. [Fr]


HCSS - Hague Centre for strategic studies
Hariri, Homicide and the Hague


Human Rights Watch
* Hariri Tribunal can restore faith in law, 11 may 2006
* Letter to Secretary-General Kofi Annan, april 27, 2006


Amnesty International
* STL insufficient without wider action to combat impunity
* Liban : le Tribunal de tous les dangers, mai 2007
* Jeu de mecano


Courrier de l'ACAT - Wadih Al Asmar
Le Tribunal spécial pour le Liban : entre espoir et inquiétude


Georges Corm
La justice penale internationale pour le Liban : bienfait ou malediction?


Nadim Shedadi and Elizabeth Wilmshurt, Chatham House
The Special Tribunal for Lebanon : the UN on Trial?, July 2007


Issam Michael Saliba, Law Library of Congress
International Tribunals, National Crimes and the Hariri Assassination : a novel development in International Criminal Law, June 2007


Mona Yacoubian, Council on Foreign Relations
Linkages between Special UN Tribunal, Lebanon, and Syria, June 1, 2007