The Daily Star - STL to hear case challenging its jurisdiction, legality, June 13 2012

BEIRUT: The Special Tribunal for Lebanon will convene Tuesday to hear arguments on the jurisdiction and legality of the establishment of the court, a step that will determine whether it can continue to operate.

In the most significant move since the February decision to proceed to trial in absentia, the STL’s Trial Chamber will hear over two days arguments from the defense counsel, as well as the prosecution’s response to the defense motions and observations from the attorneys representing victims.

Following what is a common practice for the defense counsel of international courts, attorneys representing the four members of Hezbollah indicted in the 2005 attack that killed former Prime Minister Rafik Hariri and 22 others filed their motions in early May challenging the legality and jurisdiction of the STL.

They argue that the U.N. Security Council overstepped its bounds when it established the court under Chapter VII as the attack did not constitute a threat to “international peace and security.”

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

The chamber will consider the arguments and rule on its own jurisdiction to try the case. According to a statement from the court Tuesday, if the judges of the chamber rule that the court “has not competence to deal with the crimes under its jurisdiction,” the STL could, pending an appeal, stop operating.

The prosecution responded to the defense motions last week, arguing that they did not have the standing to invoke a violation of the Lebanon’s sovereignty, and that the Security Council did not abuse its powers by establishing the court as a measure to maintain international peace and security.

The prosecution maintains that the agreement between the Lebanese government and the Security Council was in accordance with the Lebanese Constitution and that the country’s behavior toward the court indicates that its sovereignty has not been violated.

“Lebanon has cooperated with the Tribunal in a number of ways since its establishment. Moreover, the government of Lebanon has never objected to the operation of the Tribunal or its establishment, despite having the ability to do,” the prosecution wrote. “The alleged violation of the sovereignty of Lebanon cannot be sustained in light of these circumstances.”

For their part, the attorneys representing the 58 registered victims submitted observations to the court contending that the STL “is not only an institution with sound legal basis, but is also the only forum competent or capable of giving effect to the rights of the victims to the Feb. 14 attack.”

http://www.dailystar.com.lb/News/Politics/2012/Jun-13/176654-stl-to-hear-case-challenging-its-jurisdiction-legality.ashx#axzz1xaZDFUkH