Security Council Provisional Sixtieth Year
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Lebanon: Managing the Gathering Storm
LEBANON: MANAGING THE GATHERING STORM Middle East Report N°48 – 5 December 2005 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. A SYSTEM BETWEEN OLD AND NEW.................................................................. 1 A. SETTING THE STAGE: THE ELECTORAL CONTEST..................................................................1 B. THE MEHLIS EFFECT.............................................................................................................5 II. SECTARIANISM AND INTERNATIONALISATION ............................................. 8 A. FROM SYRIAN TUTELAGE TO WESTERN UMBRELLA?............................................................8 B. SHIFTING ALLIANCES..........................................................................................................12 III. THE HIZBOLLAH QUESTION ................................................................................ 16 A. “A NEW PHASE OF CONFRONTATION” ................................................................................17 B. HIZBOLLAH AS THE SHIITE GUARDIAN?..............................................................................19 C. THE PARTY OF GOD TURNS PARTY OF GOVERNMENT.........................................................20 IV. CONCLUSION ............................................................................................................. 22 A. A BROAD INTERNATIONAL COALITION FOR A NARROW AGENDA .......................................22 B. A LEBANESE COURT ON FOREIGN -
War Crimes Prosecution Watch
WAR CRIMES PROSECUTION FREDERICK K. COX ATCH INTERNATIONAL LAW CENTER W EDITOR IN CHIEF Margaux Day Michael P. Scharf and Brianne M. Draffin, Advisors Volume 3 - Issue 18 MANAGING EDITOR April 28, 2008 Niki Dasarathy War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email [email protected] and type "subscribe" in the subject line. Contents Court of Bosnia & Herzegovina, War Crimes Chamber Court of BiH: Verdict handed down in the Mirko Pekez and Others case Court of BiH: Verdict handed down in the Dušan Fuštar case BIRN Justice Report: Lazarevic et al: Appointment of new Defense attorneys BIRN Justice Report: Mejakic et al: Another hearing closed to the public Court of BiH: Indictment confirmed in the Predrag Bastah and Others case Extraordinary Chambers in the Courts of Cambodia VOA Khmer Source: Opposition Renews Call for Speedy Tribunal Aljazeera: Khmer Rouge leader seeks bail AP: French lawyer for Khmer Rouge challenges Cambodia Court AFP: Cambodian genocide tribunal denies financial mismanagement International Criminal Court Darfur, Sudan Sudan Tribune: Plane carrying Darfur war crimes suspect forced to make emergency landing Human Rights Watch: Justice for Darfur Campaign Launched Reuters: Global court could indict more over Sudan's Darfur Democratic Republic of the Congo (ICC) ICC Press Release: Setting-up -
The Special Tribunal for Lebanon
Power and Perception: The Special Tribunal for Lebanon Melia Amal Bouhabib* Introduction. ........................................ 173 I. Background of the Tribunal: A Circuitous Route...................... 175 A. Assassination .......................... ..... 175 B. The International Independent Investigation Commission: From Mehlis to Brammertz ....... ..... 178 C. Talk of the Tribunal ........................... 185 II. The Tribunal: Issues of Legality and Legitimacy ..... ..... 188 A. Legality of the Tribunal: Innovations and Obstacles..........188 1. Narrow Mandate .......................... 190 2. Exclusive Reliance on Lebanese Domestic Criminal Law ................................... 191 3. Practical Obstacles to Fulfilling Mandate .... ..... 194 4. Bypass of Lebanese Parliament by Chapter VII........... 197 B. Legitimacy: The Appearance of Justice..... .......... 199 Conclusion .................................... ..... 203 INTRODUCTION On March 1, 2009, the long-anticipated Special Tribunal for Lebanon ("Tribunal," also known as "STL") finally opened its doors. The Tribunal, established to try the killers of former Lebanese Prime * Melia Amal Bouhabib is a recent graduate of Fordham University School of Law where she was a Crowley Scholar in international human rights and a Stein Scholar for public interest. Prior to attending Fordham, Ms. Bouhabib worked as a journalist in Lebanon, where she covered social and cultural issues for a daily paper. She will be starting as a first year associate at Crowell & Moring, LLP in New York, in the fall of 2010. 173 174 BERKELEYJ. OF MIDDLE EASTERN& ISLAMIC LAW Vol. 3:1 Minister Rafiq Hariri, has been hailed as a triumph against impunity and "a decisive milestone" in the quest for justice. Nonetheless, the Tribunal has been fraught with complications since the outset and faces significant challenges as it forges ahead. The use of the U.N. -
Letter Dated 20 October 2005 from the Secretary-General Addressed to the President of the Security Council
Letter dated 20 October 2005 from the Secretary-General addressed to the President of the Security Council I have the honour to transmit herewith the report of the United Nations International Independent Investigation Commission prepared pursuant to resolution 1595 (2005), by which the Commission was established to assist the Lebanese authorities in their investigation of the bombing on 14 February 2005 that killed former Lebanese Prime Minister Rafik Hariri and 22 others. The report details progress made in the investigation of the crime and sets out the conclusions reached by the Commission at this stage of the investigation. It is important to note that the criminal investigation is yet to be completed. To that end, the report points out in some detail the steps necessary to advance further the investigation as it is taken up by the Lebanese authorities, including the need for greater cooperation from all States, in particular the Syrian Arab Republic. I wish to thank Detlev Mehlis, Head of the Commission, and the members of his team for their excellent work under difficult circumstances. They have carried out their task in an impartial, independent and professional manner. The attached report, by necessity, is only the essence of their meticulous efforts. The Commission has transferred to the Lebanese authorities the full product of its work. This consists of more than 16,000 pages of documents, including the transcripts of interviews of 450 witnesses and suspects. I would also thank the Government of the Lebanese Republic for its support for, and cooperation with, the Commission. It is my intention to extend the mandate of the Commission until 15 December 2005 in accordance with paragraph 8 of resolution 1595 (2005). -
The Special Tribunal for Lebanon (STL): International Justice Dissected
UN in the Arab World September 2012 The Special Tribunal for Lebanon (STL): International Justice Dissected # 10 Omar Nashabe Working Paper Series Paper Working Issam Fares Institute for Public Policy and International Affairs American University of Beirut UN in the Middle East Working Paper Series # 10 | September 2012 The Special Tribunal for Lebanon (STL): International Justice Dissected In 2009, the Issam Fares Institute for Public Policy and International Affairs (IFI) launched the United Nations in the Middle East Research Initiative with the objective of exploring and analyzing the role of the United Nations (UN) in the Middle East and the impact it has had on by Omar Nashabe, PhD regional politics and societies. By organizing research studies, lectures, roundtable discussions, and workshops, the Program hopes to bring together scholars and decision-makers to discuss salient issues that fall under the spectrum of the UN’s operations in the Middle East. Rami G. Khouri IFI Director Dr. Karim Makdisi IFI Associate Director Susann Kassem Program Coordinator Rabih Mahmassani Communications Manager Donna Rajeh Designer Published by the Issam Fares Institute for Public Policy and International Affairs, American University of Beirut. This report can be obtained from the Issam Fares Institute for Public Policy and International Affairs office at the American University of Beirut or can be downloaded from the following website: www.aub.edu.lb/ifi The views expressed in this document are solely those of the author, and do not reflect the -
Interview with Al Arabiya October 24, 2005
Administration of George W. Bush, 2005 / Oct. 24 1577 Through all these challenges, Chairman The President. Thank you all. Greenspan’s prudent judgment and wise policies have kept inflation low. He’s played NOTE: The President spoke at 1 p.m. in the Oval a major role in America’s strong economic Office at the White House. The transcript re- leased by the Office of the Press Secretary also growth. He has dominated his age like no included the remarks of Chairman-designate central banker in history. He has contributed Bernanke. to a better life for all Americans, and I thank him for his service. Ben Bernanke is the right man to build Interview With Al Arabiya on the record Alan Greenspan has estab- October 24, 2005 lished. Ben graduated from Harvard with top honors, earned a doctorate in economics Mehlis Report on Lebanese Assassination from Massachusetts Institute of Technology. Q. Mr. President, thank you very much He’s built a record of excellence as both an for this interview. I much appreciate it. academic and policymaker. He is the author The President. Thank you. of several scholarly books and is one of the Q. Let me start after the—Mehlis report. most cited economists in the world. As Fed You described the report as deeply dis- Governor, Ben advocated greater trans- turbing. Does the United States, your admin- parency in communication with the public istration, support imposing sanctions on and markets. His speeches were widely ad- Syria? mired for their keen insight and clear, simple The President. Here’s what we support. -
THE POLITICS and LIBERATION of LEBANON by Etienne Sakr (Abu Arz)*
THE POLITICS AND LIBERATION OF LEBANON By Etienne Sakr (Abu Arz)* For 30 years, political events in Lebanon were dominated by Syrian occupation until 2005, when the Syrian army withdrew under international pressure. Yet the national future of Lebanon remains clouded in doubt and tension, as acts of terror against anti-Syrian elements continue, the March "Cedar Revolution" is stymied, and the country totters between freedom and political paralysis and breakdown. Events in Lebanon in the first half of 2005 Lebanese/Maronite-Palestinian fighting in altered the political state of affairs Beirut and Mount Lebanon.3 concerning Syria's long occupation of that By June 1976, Syria also sent its own country. Yet the outcome of these events is army into Lebanon to dominate the country still unclear and fluid. This article analyzes and subdue it to the will of Damascus. the history of the Lebanon issue and Manipulating the complex fighting scenario prospects for creating a new, more in Lebanon, Syrian-Palestinian cooperation equitable and stable order given the against the Christian community became dramatic changes which have taken place. the major motif. For example, in February 1980, the Syrians turned over the western STAGES AND METHODS IN SYRIAN area from Damur to the Zahrani to the PLA, OCCUPATION OF LEBANON along with heavy military equipment.4 On The hegemonic notion of Greater Syria July 20, 1976, following the launching of provides the ideological and historic Syria's direct military intervention in underpinnings for Damascus's drive to Lebanon, Hafiz al-Asad gave an historic eliminate Lebanese independence.1 Among speech in which he declared that its tools in realizing this goal was the "[throughout] history, Syria and Lebanon Saiqah Palestinian faction established in have been one country and one people"--a 1968. -
Weakening Regime, Weaker Opposition Neareastquarterly · Wednesday, June 15Th, 2011
1 Views on a new Near East Weakening regime, weaker opposition NearEastQuarterly · Wednesday, June 15th, 2011 By Aron Lund Aron Lund is an editorial writer for the Swedish daily Upsala Nya Tidning. He is the author of Drömmen om Damaskus (“The Dream of Damascus”, SILC Förlag 2010), a political history of Syria and its opposition movements, and of several reports on Syrian and Arab politics for the Swedish Institute of International Affairs. The Arab revolution has reached Syria, but its future remains highly uncertain. At the time of writing, in late April 2011, President Bashar al-Assad is still attempting a strategy of carrot and stick, mixing partial reform, to appease the silent majority of Syrians, with repression, to try to diminish the numbers already mobilised against the regime. So far, this strategy appears mostly ineffective. It is possible that the protests will eventually overwhelm the regime, or force a split in the military/political elite. But the prospect of regime collapse may also encourage hardliners in the Alawite security establishment to try to settle the matter with force, despite the loss of legitimacy and the international stigmatisation that would follow. Alawites account for some 12 per cent of the population in Syria, but dominate the regime, and this sectarian issue is fundamental to Syria’s politics: while many Sunnis resent minority rule, Alawites, Christians and others fear persecution if the secular Baath regime is toppled. Copyright Near East Quarterly - 1 / 11 - 18.07.2012 2 At this crucial moment, Syria needs an opposition leadership more than ever, but it has none. -
1 TWILIGHT LEBANON, 1990-2011 by William Harris* T
TWILIGHT LEBANON, 1990-2011 By William Harris* This article is an extract from William Harris, Lebanon: A History 600-2011 (Oxford: Oxford University Press, 2011). Surveying Lebanon's communities through fourteen centuries and the modern country from its origins after 1800, the book closes with today's downbeat Lebanon. The extract features a twilight zone, between Lebanon's devastating war period of 1975-1990 and the implosion of neighboring Syria in 2011-2012. After 1990, the authoritarian Syrian regime commanded Lebanon, faltering in 2005 with its partners--Lebanon's Hizballah and theocratic Iran-- looming larger. Economic reconstruction coexisted with corruption, confrontation between Hizballah and Israel, political murder, and environmental degradation. Looking ahead, resuscitation of a credible Lebanese democracy depends on pluralism in a new Syria. SYRIAN HEGEMONY, 1990–2005 Having devastated themselves, the Maronites retired into indignant impotence. The In 1990, the Syrian regime reversed 1920. Maronite mountain had to be watched, but it In place of a French high commissioner ceased to be an obstacle for Damascus. overseeing Syria from Beirut, the Syrian Nonetheless, Christians remained more than president commanded Lebanon from one-third of the Lebanese population, and Damascus. The Asad regime had always alienation of most of them was problematic for wanted predominance on the seaward flank of Syria. Otherwise, Syria balanced Sunnis and its capital; Lebanon and Syria were two states Shia, who had drifted apart after Shia factions for one people. In exasperation in the mid- moved into largely Sunni West Beirut in 1970s, Khaddam let slip that if Greater February 1984. In the 1990s, Prime Minister Lebanon could not function, the answer was Rafiq al-Hariri’s concentration of investment not shrinkage to Mount Lebanon but Syrian on central Beirut, and the Sunni premier’s ties absorption of everything.1 with Saudi Arabia, grated on Shia. -
Mehlis Report
REPORT OF THE INTERNATIONAL INDEPENDENT INVESTIGATION COMMISSION ESTABLISHED PURSUANT TO SECURITY COUNCIL RESOLUTION 1595 (2005) Detlev Mehlis Beirut Commissioner 19 October 2005 UNIIIC EXECUTIVE SUMMARY 1. The Security Council, by its resolution 1595 of 7 April 2005, decided to establish an international independent investigation Commission based in Lebanon to assist the Lebanese authorities in their investigation of all aspects of the terrorist attack which took place on 14 February 2005 in Beirut that killed former Lebanese Prime Minister Rafik Hariri and others, including to help identify its perpetrators, sponsors, organizers and accomplices. 2. The Secretary-General notified the Council that the Commission began its full operations with effect from 16 June 2005. The Commission was granted an extension to the initial period of investigation mandated by the Council, until 26 October 2005. 3. During the course of its investigation, the Commission received extensive support from the Government of Lebanon and benefited from expert inputs from a number of national and international entities. 4. The main lines of investigation of the Commission focused on the crime scene, technical aspects of the crime, analysis of telephone intercepts, the testimony of more than 500 witnesses and sources, as well as the institutional context in which the crime took place. 5. The full case file of the investigation was transmitted to the Lebanese authorities during October 2005. 6. The present report sets out the main lines of enquiry of the investigation conducted by the Commission, its observations thereon, and its conclusions, for the consideration of the Security Council. It also identifies those matters on which further investigation may be necessary. -
1986: the Bombing the Libya
1986: The Bombing of Libya n April 15, 1986, U.S. war planes bombed the Libyan cities of Tripoli and Benghazi. Two hours Olater, President Ronald Reagan justified the unprec- edented attack on a sovereign country and its head of state in a national television address. The U.S., Reagan claimed, had “direct, precise and irrefutable” proof that Libya was responsible for a bomb blast in a West Berlin discotheque. The explosion 10 days earlier at the disco La Belle, a favorite nightspot for U.S. soldiers, had killed three people and in- jured 200. Beginning November 1997, five defendants were on trial in a Berlin court for their alleged involvement in the La Belle attack. A documentary broadcast on August 25, 1998, by German public television (Zweites Deutsches Fernsehen - ZDF) presents compelling evidence that some of the main suspects in the 1986 Berlin disco bombing, the event that provided the pretext for a U.S. air assault on Libya, worked for American and Israeli intelligence. The report by ZDF television’s political magazine Frontal concluded: (1) The lead defendant, Yasser Chraidi, is very possibly Some of the main suspects in innocent, and is being used as a scapegoat by German the 1986 Berlin disco bombing, and U.S. intelligence services. the event that provided the pretext (2) At least one of the defendants, Musbah Eter, has been for a U.S. air assault on Libya, working for the CIA over many years. worked for U.S. and Israeli intelligence. (3) Some of the key suspects have not appeared in court, because they are being protected by Western intelligence services. -
Special Tribunal for Lebanon for the Assassination of Former Lebanese Prime Minister Rafik Hariri – the Verdict and Its Weaknesses
רמה כ ז מל ו תשר מה ו ד י ע י ן ( למ מ" ) רמה כרמ כ ז ז מל מה ו י תשר עד מל מה ו ד ו י ד ע י י ע ן י ן ו ל ( רט למ ו מ" ר ) כרמ ז מה י עד מל ו ד י ע י ן ול רט ו רור Law, politics and Terrorism: Special Tribunal for Lebanon for the assassination of former Lebanese Prime Minister Rafik Hariri – the verdict and its weaknesses September 16, 2020 Overview1 On February 14, 2005, former Lebanese Prime Minister Rafik Hariri was assassinated by a truck bomb detonated near his convoy on the Beirut promenade. The blast left 22 people dead and more than 200 wounded. Blame was directed at the Assad regime (which was in control of Lebanon at the time) and Hezbollah, its political ally, both of which had a clear interest in eliminating Hariri, a prominent opponent of the “Syrian order” in Lebanon and of Hezbollah. Hariri’s assassination led to political turmoil in Lebanon. Following the assassination, mass demonstrations were held, demanding the removal of Syrian forces from Lebanon and an international investigation to reveal Hariri’s murderers. Following the protest, the Syrian army withdrew from Lebanon (April 2005), thus ending the era of Syrian dominance in Lebanese politics (the “Syrian order”), which had lasted about 30 years. Right: Rafik Hariri (Al-Manar TV, December 7, 2012). Left: The scene of the assassination of Rafik Hariri (RT Arabic-language website, September 11, 2018) In view of these dramatic events, and in the absence of Lebanese security services and a judiciary to investigate the Hariri assassination themselves, the UN sent a Fact-Finding Mission to investigate the facts of the assassination, headed by Peter Fitzgerald, an Irish police officer.