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...

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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

February 11, 2010 - The Guardian - Why we must remember HaririFive years on from the murder of Lebanon's prime minister, political changes have obscur

Faisal al Yafai guardian.co.uk, Thursday 11 February 2010 10.00 GMT Article historyWho cares who killed Rafiq Hariri? This weekend, tens, perhaps hundreds of thousands of Lebanese will answer that question by descending on to the streets of Beirut to mark the fifth anniversary of the death of their former prime minister.

The man who rebuilt much of the city and served as the country's leader twice was blown to pieces in a massive car explosion on Valentine's Day 2005 and his killers have yet to be found. His supporters have taken out billboards across the city, reminding people to come out and support them on 14 February. Some carry images of other politicians and journalists who were assassinated in the months after Hariri.

But, really, who cares? Much has happened in the five years since Hariri's death, so much that his murder has almost been obscured. The Syrians finally ended their military presence in their tiny neighbour, ushering in a new era in Lebanese politics, one that has been dominated by a struggle between pro-Syria Lebanese (led by Hezbollah) and pro-western factions.

For now, Hezbollah is in the ascendancy, especially after it fought Israel to a standstill in 2006. Its claim to represent the Shia population is virtually unchallenged. And its writ runs further than security: in some parts of Beirut's southern suburbs, Hezbollah controls one side of the street and the police the other. Residents have to cross the road to buy alcohol.

It is a complex jigsaw, and the fate of Lebanon is to be the chessboard on which bigger battles are fought. The difficulty for the Lebanese searching for the truth is that the alliances among the other players are shifting: the UN tribunal set up three years ago to find Hariri's killers began in a heavily politicised atmosphere, with the blame almost instantly being pushed on Syria. The United States applied heavy pressure on Damascus. But in the years since the parameters have shifted. As is well known, the aftermath of Iraq and the continuing concerns about Iran's nuclear intentions have put Damascus on the route of Obama's jaw-jaw diplomacy.

Thus the Lebanese are beginning to lose faith, suspecting that their concerns will be sidelined by regional politics. The tribunal is still functioning – its head was in Lebanon for meetings all of last week – but the atmosphere has changed decidedly.

Last year, the tribunal finally opened in The Hague, following four years of investigations. Within a month, it had released four high-ranking Lebanese generals who had been held without charge in solitary confinement since 2005. The generals were all heads of Lebanese security and intelligence departments at the time of Hariri's death, a time when Syria still dominated much of the machinery of security. That puzzled and concerned the Lebanese because it was unclear at the time – it is still unclear today – whether their release was due to the tribunal uncovering fresh evidence that took the investigation towards different suspects, or the beginning of a drop in the pressure on Damascus.

Then in October King Abdullah of Saudi Arabia made a visit to Damascus, rebuilding ties between the two countries. Abdullah and Hariri were close, and in the years since the two countries fell out bitterly. The final suggestion that, if Syria was involved and if the tribunal ever charges Syrian actors they are likely to be low-level functionaries, came in December when Rafiq Hariri's son and heir and current Lebanese prime minister) Saad Hariri made the journey to Damascus and met Syria's president Bashar al-Assad. Saad Hariri did not go on a state visit but to pay his condolences for the death of Assad's brother, Majd. But the symbolism was clear.

Even Walid Jumblatt, the Druze leader who has said some angry things about Syria (and whose father was also killed in mysterious circumstances) has made his peace and is expected to go to Damascus soon. So the signs do not look good for a tribunal whose outcome will be divisive in Lebanon.

Yet while the normalisation of Lebanon's relationship with Syria is a good thing – even the Daily Star ran an editorial this week suggesting Syria could be part of Lebanon's internal reconciliation – it should not detract from finding the truth about Hariri's killing, and not for mere justice alone.

Hariri was more than just a politician or businessman – he was a symbol of an independent Lebanon, a fractious, often bitterly divided country squeezed between bigger neighbours. Hariri did not unite the nation and was intensely disliked by some, but his death is now part of the history of an independent Lebanon, and without understanding that history, the country will always be looking backwards rather than forwards.

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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