Agreement obliges Beirut to cooperate with UN court
By Nicholas Kimbrell
BEIRUT: The special UN tribunal probing the 2005 assassination of former Prime Minister Rafik Hariri signed a memorandum of understanding (MoU) with the Lebanese government earlier this month, the court's communications office announced over the weekend. The long-awaited agreement formalizes the conditions of cooperation between Lebanon and the Special Tribunal for Lebanon (STL) as stipulated by UN Security Council Resolution 1757, which established the court's mandate.
Justice Minister Ibrahim Najjar and the STL's Prosecutor Daniel Bellemare signed the agreement in Beirut on June 5. Bellemare's office issued a statement officially announcing and outlining the agreement late Friday.
"The MoU is an operational instrument that records the understanding of the parties on how they intend to implement the existing legal obligations stipulated in the Annex to Resolution 1757 [2007] and the Statute of the STL," the statement said. "The MoU spells out the details of the assistance necessary to the fulfillment of the Office of the Prosecutor's mandate, including the conduct of the investigation."
Among other commitments, the MoU obliges the Lebanese government to cooperate with the prosecutor general's office by facilitating its work where possible, preventing interference and providing a Beirut office for the prosecutor.
The STL's outgoing registrar, Robin Vincent, signed an agreement on the establishment of such an office with Najjar on June 19.
For months, the MoU had been held up over concerns from the Hizbullah-led opposition that that the agreement, which binds the Lebanese government to a strict compliance with the STL's mandate, could infringe on Lebanon's sovereignty.
Hariri, a self-made billionaire and five-time former premier, was killed along with 22 others when a truck bomb tore through his convoy in Beirut's waterfront Ain al-Mreisse district on February 14, 2005. His murder, the first in a series of assassinations targeting mostly anti-Syrian political figures and security officers, sent waves through the region triggering massive demonstrations in Beirut and precipitating a Syrian withdrawal from Lebanon after a nearly 30-year military presence.
Pursuant with UN resolution 1595, an independent investigation commission was established in 2005 to assist the Lebanese authorities in their investigation of Hariri's murder. The investigative commission's mandate ended on February 28 of this year, and the STL officially opened in The Hague on March 1.
The tribunal is headed by Judge Antonia Cassese. Earlier this month it was announced that Lebanese Judge Ralph Riachy was unanimously nominated as the STL's deputy president; he is one of four Lebanese judges serving on the tribunal.
Although the court has been operational for months, no suspects have been named and no indictments have been handed down. Four former Lebanese generals held in custody in relation to the Hariri murder since 2005 were released in April.
Syria has been widely blamed for having a hand in the assassination, but Damascus has repeatedly denied allegations of involvement.
PRESS REVIEW
June 29, 2009 - Daily Star - Justice minister signs MoU with international tribunal
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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.
Chronology - Chronologie
Détenus - Detainees - المعتقلون
International Criminal Justice
Videos - فيديو
- Now Lebanon : Crowds Gather to Show Support for International Tribunal, August 4, 2010
- IRIS Institute:La creation du TSL est-elle justifiee? - June 18, 2009
- Al Manar : Interview with Ali Hajj right after his release - April 30, 2009
- Al Manar: Summary of Jamil Al Sayyed's press conference, April 30, 2009
- AFP, Freed Lebanese prisoner speaks out - April 30, 2009
- OTV : exclusive interview with Jamil Sayyed - April 30, 2009
- Al Jazeeera English : Crowds celebrate Hariri suspects'release - April 29, 2009
- OTV : report about Ali el Hajj - March 18, 2009
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
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
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