The Trial Chamber confirmed the Special Tribunal for Lebanon's
jurisdiction to try those accused of committing the February 14, 2005 attack
and connected cases, in a decision published on Monday, it announced in a
statement.
It said: “The Trial Chamber dismissed all the motions of the
defense counsel, who argued that the tribunal was set up illegally, violates
Lebanese sovereignty, has selective jurisdiction and does not guarantee the
accused a right to fair trial.”
The Trial Chamber’s decision may be appealed, it added.
The challenge to the tribunal's jurisdiction is a preliminary
motion that must be dealt with before trial begins, explained the statement.
“The Trial Chamber found that the Defense motions are not
challenges to jurisdiction but rather challenges to legality, or the validity,
of the tribunal. The challenges therefore do not fall within the definition of
a preliminary motion,” it said.
The Trial Chamber found that the United Nations Security Council
established the STL when it passed Resolution 1757 in May 2007.
“Resolution 1757 is the sole basis of establishing the
tribunal," the judges wrote in their decision, and Lebanon, as a member
state of the United Nations has complied with its obligations under the
resolution.
Because of this, the Trial Chamber found that it was not necessary
to examine any issues in the Defense motions alleging violation of Lebanese
domestic law.
Furthermore, the Trial Chamber found that the state of Lebanon has
never claimed a violation of its sovereignty.
"To the contrary, as a member state of the United Nations,
Lebanon has honored its obligations specified in the annex to the resolution by
taking all required steps, including; presenting a list of 12 persons to be
appointed as judges by the secretary general, appointing a deputy prosecutor,
recognizing the juridical capacity of the tribunal to enter into agreements
with states by concluding the Memoranda of Understanding with the tribunal,
contributing significantly to financing the tribunal, facilitating establishing
the tribunal's Beirut field office, complying with requests for assistance from
the tribunal, and deferring to the tribunal's jurisdiction the cases related to
the February 14, 2005 attack," the judges said.
"The Trial Chamber thus cannot make a finding of any
violation of Lebanese sovereignty."
The Trial Chamber found that had it no power to review the actions
of the U.N. Security Council in establishing the tribunal and that "No
other judicial body possesses such a power of potential judicial review of the
Security Council”.
Further, the Trial Chamber found that, because the United Nations
may establish a court, a tribunal established by the United Nations or Security
Council, such as the Special Tribunal for Lebanon, has been validly
"established by law".
In addition, the Trial Chamber found that the limited jurisdiction
of the tribunal did not infringe any of the accused’s fundamental rights to a
fair trial.
"Criminal investigation and prosecution is unavoidably
selective in any system” the Trial Chamber held.
And such “selectivity” is a normal part of international criminal
jurisdictions such as the STL’s “and an inevitable consequence of establishing
an international criminal court or tribunal," the Trial Chamber found.
The Trial Chamber found that the tribunal’s procedures under its
Statute and rules and its obligation to strictly apply the principles of
international human rights law guarantee the accused, “all relevant and
necessary rights to a fair trial”.
The establishment of the tribunal does not violate the rights of
the accused to a fair trial, it stressed.
Pre-Trial Judge Daniel Fransen recently set March 25, 2013 as the
tentative date for the start of trial.
The defense counsel in the Ayyash and others case filed motions in
early May challenging the legality and jurisdiction of the STL.
The Trial Chamber later held a hearing on 13 and 14 June to hear
oral arguments from the Prosecution, the defense counsel and the legal
representatives for victims.
Salim Ayyash, Mustafa Badreddine, Hussein Oneissi, and Assad Sabra
are wanted for the February 2005 suicide car bomb attack in Beirut that killed
former Prime Minister Rafik Hariri and 22 others, including the suicide bomber.
Ayyash has been named in the indictment as coordinator of the
assassination team.
The court has said Lebanon must try harder to apprehend them.
Hizbullah chief Sayyed Hassan Nasrallah has said he doubted the
four indictees will ever be found and has branded the tribunal a U.S.-Israeli
conspiracy aimed at bringing down the party.
Ayyash and Badreddine face five charges including that of
"committing a terrorist act by means of an explosive device" and
homicide, while Oneissi and Sabra faced charges of conspiring to commit the
same acts.
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