The Daily Star - STL opens hearing on challenges to its legality and jurisdiction, June 13 2012

By Willow Osgood

BEIRUT: The Special Tribunal for Lebanon is hearing defense pretrial motions challenging the jurisdiction of the court and the legality of its creation.

The court’s Trial Chamber is set to hear arguments from the defense counsel, the prosecution’s response to the defense motions, and observations from the attorneys representing registered victims.

The defense will argue that the U.N. Security Council overstepped its bounds when it established the court under Chapter VII of the U.N Charter as the attack did not constitute a threat to “international peace and security,” which is a prerequisite according to the Charter for U.N intervention.

The defense will also contend that the resolution violated U.N. law, is unconstitutional under Lebanese law and is a violation of Lebanese sovereignty.

Last year, the STL indicted four members of Hezbollah for involvement in the assassination of former Prime Minister Rafik Hariri in 2005. Hezbollah has denied that the four were involved in the crime.

Antoine Korkmaz, defense attorney for Mustafa Baddredine, kicked off the hearing by arguing that the U.N. Security Council abused its power by intervening in the internal affairs of Lebanon.

He also accused the council of invoking Chapter VII to ensure the success of one political party over others instead of maintaining peace and security, stating at one point that the Security Council “took sides.”

Korkmaz also contended that in 2007, the year the Security Council voted to establish the court, the threat to peace which the U.N. had thought existed in 2005 had failed to materialize.

Video feed of the hearing can be watched on the court’s website with a 30-minute delay; there will also be live updates from the court on Twitter.

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