DOCSLIB.ORG

Public Transcript of the Hearing Held on 17 November 2014 in the Case

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

20141117_STL-11-01_T_T93_OFF_PUB_EN 1/95 PUBLIC Official Transcript Procedural Matters (Open Session) Page 1 1 Special Tribunal for Lebanon 2 In the case of The Prosecutor v. Ayyash, Badreddine, Merhi, 3 Oneissi, and Sabra 4 STL-11-01 5 Presiding Judge David Re, Judge Janet Nosworthy, 6 Judge Micheline Braidy, Judge Walid Akoum, and 7 Judge Nicola Lettieri - [Trial Chamber] 8 Monday, 17 November 2014 - [Trial Hearing] 9 [Open Session] 10 --- Upon commencing at 10.20 a.m. 11 THE REGISTRAR: The Special Tribunal for Lebanon is sitting in an 12 open session in the case of the Prosecutor versus Ayyash, Badreddine, 13 Merhi, Oneissi, and Sabra, case number STL-11-01. 14 PRESIDING JUDGE RE: Good morning to everyone. 15 Could we please take appearances, starting with the Prosecutor. 16 MR. CAMERON: Good morning, Your Honour. It's Graeme Cameron for 17 the Office of the Prosecution. I'm assisted today by my friend 18 Gulnaz Bari and Skye Winner. 19 MR. HAYNES: Good morning, Your Honour. Peter Haynes for the 20 participating victims, together with Mohammad Mattar and 21 Nada Abdelsater-Abusamra. We're assisted today by Tamara Kosic and 22 Joanna Spek. 23 MR. O'SULLIVAN: Good morning, Eugene O'Sullivan, Tom Hannis, and 24 Denis Stoychev, we represent the interests of Mr. Ayyash. 25 MR. JONES: Good morning, Your Honours. John Jones representing Monday, 17 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141117_STL-11-01_T_T93_OFF_PUB_EN 2/95 PUBLIC Official Transcript Procedural Matters (Open Session) Page 2 1 the interests of Mr. Badreddine. I'm joined today by Pauline Baranes. 2 MR. HASSAN: [Interpretation] Good morning, Your Honour, 3 honourable members of the Bench. The Oneissi team is composed today of 4 Mr. Philippe Larochelle, Mrs. Artemis Chatzistavrou, and myself, 5 Yasser Hassan. 6 MR. YOUNG: Your Honours, good morning. David Young representing 7 the interests of Assad Sabra, assisted today by my associate legal 8 officer Sarah Bafadhel. Thank you. 9 MR. AOUINI: [Interpretation] Good morning, Your Honour, 10 honourable members of the Bench. I'm Mohamed Aouini. I'm assisted today 11 by Ms. Dorothee Le Fraper du Hellen. Thank you. 12 PRESIDING JUDGE RE: Good morning to you -- 13 MR. AOUINI: [Interpretation] And of course we represent the 14 interests of Mr. Merhi. 15 PRESIDING JUDGE RE: And I note also in court this morning the 16 presence of the Defence Office in the form of the Head of the Defence 17 Office, Mr. Roux, and another lawyer. 18 Mr. Cameron, you're going to call Mr. Marwan Hamade this morning. 19 That's the only business you have before the Court today? 20 MR. CAMERON: Yes, Your Honour. 21 PRESIDING JUDGE RE: All right. We will do that, but first I 22 have to -- the Trial Chamber has to deliver a reasoned decision in 23 relation to the decision we made on Friday in relation to the scope of 24 Mr. Hamade 's evidence. It's going to take a few minutes to do this, so 25 I would ask you to bear with me. The decision is the following. Monday, 17 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141117_STL-11-01_T_T93_OFF_PUB_EN 3/95 PUBLIC Official Transcript Ruling (Open Session) Page 3 1 The Prosecution proposes to call Mr. Marwan Hamade to testify as 2 a witness in this trial today, Monday, the 17th of November, 2014. 3 Counsel for the five accused asked the Trial Chamber not to hear some of 4 the evidence that the Prosecutor proposed to call. 5 Mr. Hamade's name appeared on the Prosecution's witness list 6 filed on the 13th -- sorry, 15th of November, 2012, and has remained 7 there since. 8 Mr. Hamade, it appears from the material provided to the 9 Trial Chamber, made some 11 statements, including interviews, to the 10 United Nations Independent Investigation Commission and to the Special 11 Tribunal's Prosecution. The dates are 4 October 2014; 4 July 2005; 12 22 December 2005; 26 January 2006; 8 September 2006; 12 March 2008; 13 13th of March, 2008; 19th of March, 2008; two on the 21st of May, 2010; 14 and again on the 3rd to 5th of October, 2011. 15 The Prosecution appears to be relying, for the purposes of 16 Mr. Hamade's testimony, upon evidence contained in the statements of the 17 22nd of December, 2005; 13th of March, 2008; 21st of May, 2010; 18 5th of October, 2011; and in an interview made on -- over 12th to 19 13th of March, 2008. 20 The Prosecution disclosed these statements to counsel for the 21 accused Mr. Ayyash, Badreddine, Oneissi, and Sabra on the 22 14th of November, 2012. The statements were disclosed to counsel for the 23 fifth accused, Mr. Merhi, on the 3rd of January, 2014. 24 Mr. Hamade was himself the victim of an assassination attempt on 25 1st of October, 2004, and on the 5th of August, 2011, the Pre-Trial Judge Monday, 17 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141117_STL-11-01_T_T93_OFF_PUB_EN 4/95 PUBLIC Official Transcript Ruling (Open Session) Page 4 1 in a decision entitled: Decision on the Prosecutor's connected case 2 submission of 30th of June, 2011, held that the Special Tribunal has 3 jurisdiction over this attack, that is, the attack on Mr. Hamade. We 4 still await the confirmation of an indictment in that case. 5 The Prosecution in its pre-trial brief filed on the 15th of 6 December, 2012, stated that it intended to lead evidence of the attack on 7 Mr. Hamade as evidence in this trial, that's the trial against Mr. Ayyash 8 and the other three accused. However, on the 18th of December, 2013, in 9 a submission entitled: Prosecution submission pursuant to Rules 91(G) 10 (ii) and (iii), the Prosecution informed the Trial Chamber that it was no 11 longer going to lead that evidence in this trial. 12 Counsel for the Prosecution, in lengthy legal submissions on the 13 13th of November, outlined what were described as five themes of relevant 14 evidence contained in Mr. Hamade's statements and interviews. He 15 foreshadowed that a total of 13 Prosecution witnesses would give evidence 16 in relation to these. The five themes are: Mr. Hariri's deteriorating 17 relationship with Syria, as a consequence of his goal to strengthen the 18 Lebanese autonomy; Syria's corresponding increasing resolve to exert 19 control beyond mere influence over Lebanese internal affairs; growing 20 concerns voiced by the international community regarding external 21 pressures bearing upon the political affairs of Lebanon; the evolution of 22 an effective opposition movement in September 2004, and thereafter in 23 Lebanon, of which Mr. Hariri was first a silent and then a more public 24 participant; and fifth, Mr. Hariri's status as an influential statesman 25 in the Gulf Region and beyond. Monday, 17 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141117_STL-11-01_T_T93_OFF_PUB_EN 5/95 PUBLIC Official Transcript Ruling (Open Session) Page 5 1 This evidence, according to the Prosecution counsel, would 2 provide useful background or context in respect of the political 3 circumstances prevailing in Lebanon at the time of Mr. Hariri's 4 assassination, and in understanding certain evidentiary aspects of the 5 alleged co-conspirators' conduct in respect of the timing of the 6 conspiracy and to the significance of particular acts committed to 7 achieve the goals of the conspiracy charged. In support of its 8 arguments, the Prosecution referred to and relied upon decisions of the 9 International Criminal Tribunal for the former Yugoslavia, the 10 International Criminal Tribunal for Rwanda, the International Criminal 11 Court, and the Special Court for Sierra Leone. 12 Mr. Hamade, who was a minister in the Lebanese government in 13 2004, is expected to testify about meetings that Mr. Hariri had with 14 Syrian officials, including its President Mr. Bashar Al-Assad in 15 December 2003 and then between August 2004 and February 2005. The most 16 important meeting, according to the Prosecution case, occurred in 17 Damascus on the 26th of August, 2004. It was followed by a number of 18 relevant political events, including discussions about the extension of 19 the mandate of the then-President Lahoud; the amendment of the Lebanese 20 Constitution to permit this; the passing of United Nations Security 21 Council Resolution 1559 on the 2nd of September, 2004; political debates 22 about proposed reforms to the Lebanese electoral laws; the resignation of 23 a number of ministers from Mr. Hariri's cabinet; and Mr. Hariri's own 24 resignation as prime minister of Lebanon on the 20th of October, 2004. 25 The Prosecution connects this proposed evidence with the Monday, 17 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141117_STL-11-01_T_T93_OFF_PUB_EN 6/95 PUBLIC Official Transcript Ruling (Open Session) Page 6 1 allegations in the consolidated indictment by explaining a possible 2 confluence of events occurring during the initial preparations for the 3 alleged conspiracy. 4 The Prosecution also connects the dates of the alleged 5 surveillance of Mr. Hariri by some of the accused on 17 different dates 6 between 20th of October, 2004, and 14th of February, 2005, including 7 Mr. Hariri's trips to the Parliament in Beirut and to Beirut airport and 8 to some of these other political events.
Recommended publications
  • VERFASSUNG UND RECHT in ÜBERSEE LAW and POLITICS in AFRICA, ASIA and LATIN AMERICA (Zitierweise: VRÜ)

    VERFASSUNG UND RECHT in ÜBERSEE LAW and POLITICS in AFRICA, ASIA and LATIN AMERICA (Zitierweise: VRÜ)

    VERFASSUNG UND RECHT IN ÜBERSEE LAW AND POLITICS IN AFRICA, ASIA AND LATIN AMERICA (Zitierweise: VRÜ) Rothenbaumchaussee 21-23, 20148 Hamburg, Germany Fax (Berlin): (0049) 30 / 838 530 11 E-mails: [email protected] · [email protected] _________________________________________________________________ Herausgegeben von Prof. Dr. Brun-Otto Bryde, Justus-Liebig-Universität Gießen Prof. Dr. Philip Kunig, Freie Universität Berlin Dr. Karl-Andreas Hernekamp, Verwaltungsgericht Hamburg durch die Hamburger Gesellschaft für Völkerrecht und Auswärtige Politik e.V. Redaktion: Dr. Karl-Andreas Hernekamp, Hamburg (für den Inhalt verantwortlich) Carola Hausotter, Gießen · Dr. Palamagamba John Kabudi, Dar es Salaam Wolfgang Kessler, Berlin · Ulf Marzik, Berlin 37. Jahrgang 1. Quartal 2004 ABSTRACTS .......................................................................................................... 3 ANALYSEN UND BERICHTE Immanuel Gebhardt / Robert Dübbers Eine Schufa für die Volksrepublik China? – Kreditauskunftssystem zur Förderung von Transparenz und Rechtssicherheit im Bankensektor.................. 7 Nicole Monleón Verfassungsrechtliche Aspekte der Krise in Venezuela ................................... 59 Markus Kotzur Mexiko zwischen Verfassungsversprechen und Verfassungswirklichkeit – Erste Ergebnisse einer Bürgerbefragung des Instituto de Investigaciones Jurídicas, Mexico City...................................................................................... 88 Cordelia Koch Das Ende der Koexistenz im Libanon?
  • Project of Statistical Data Collection on Film and Audiovisual Markets in 9 Mediterranean Countries

    Project of Statistical Data Collection on Film and Audiovisual Markets in 9 Mediterranean Countries

    Film and audiovisual data collection project EU funded Programme FILM AND AUDIOVISUAL DATA COLLECTION PROJECT PROJECT TO COLLECT DATA ON FILM AND AUDIOVISUAL PROJECT OF STATISTICAL DATA COLLECTION ON FILM AND AUDIOVISUAL MARKETS IN 9 MEDITERRANEAN COUNTRIES Country profile: 3. LEBANON EUROMED AUDIOVISUAL III / CDSU in collaboration with the EUROPEAN AUDIOVISUAL OBSERVATORY Dr. Sahar Ali, Media Expert, CDSU Euromed Audiovisual III Under the supervision of Dr. André Lange, Head of the Department for Information on Markets and Financing, European Audiovisual Observatory (Council of Europe) Tunis, 27th February 2013 Film and audiovisual data collection project Disclaimer “The present publication was produced with the assistance of the European Union. The capacity development support unit of Euromed Audiovisual III programme is alone responsible for the content of this publication which can in no way be taken to reflect the views of the European Union, or of the European Audiovisual Observatory or of the Council of Europe of which it is part.” The report is available on the website of the programme: www.euromedaudiovisual.net Film and audiovisual data collection project NATIONAL AUDIOVISUAL LANDSCAPE IN NINE PARTNER COUNTRIES LEBANON 1. BASIC DATA ............................................................................................................................. 5 1.1 Institutions................................................................................................................................. 5 1.2 Landmarks ...............................................................................................................................
  • Revisiting the Path of Lebanon Over the Past 100 Years

    Revisiting the Path of Lebanon Over the Past 100 Years

    REVISITING THE PATH OF LEBANON OVER THE PAST 100 YEARS Analysis of Different Constitutional Aspects of the State REVISITING THE PATH OF LEBANON OVER THE PAST 100 YEARS This book is licensed under Creative Commons Attribution - Non Commercia - Share Alike 4.0 International (CC BY-NC-SA 4.0). Please be notified that the book has been released under a Creative Commons license to allow optimal accessibility while preserving attribution to the contributors and the editor’s work, as long as it is not used for commercial purposes. We would like to provide equal opportunities for anyone who wants to disseminate, write and search on the topic. You can share and adapt the content by remixing, transforming, building and redistributing the material in any medium or format as long as you attribute it and properly credit the authors under the same license as the original. For more information, a copy of this license is available at URL: https://creativecommons.org/licenses/by- nc-sa/4.0/ REVISITING THE PATH OF For more information, a copy of this license is available at URL: https:// creativecommons.org/licenses/by-sa/4.0/ LEBANON OVER THE PAST 100 YEARS Analysis of Different Constitutional Aspects of the State REVISITING THE PATH OF LEBANON OVER THE PAST 100 YEARS Notre Dame University-Louaize NDU Press© First published: 2020, Lebanon ISBN 978-614-475-009-4 Zouk, Kesrwan, P.O.Box 72 Cover design: Department of Creative Design www.ndu.edu.lb | [email protected] P.O. Box: 72, Zouk, Keserwan Phone: +961 9 208 994/6 REVISITING THE PATH OF LEBANON OVER THE PAST 100 YEARS – ANALYSIS OF DIFFERENT CONSTITUTIONAL ASPECTS OF THE STATE ©2020Notre Dame University - Louaize (NDU) and Rule of Law Programme Middle East and North Africa, Konrad-Adenauer-Stiftung e.V.
  • LEBANON RESTRICTIONS on BROADCASTING in Whose Interest?

    LEBANON RESTRICTIONS on BROADCASTING in Whose Interest?

    April 1997 Vol. 9, No. 1(E) LEBANON RESTRICTIONS ON BROADCASTING In Whose Interest? SUMMARY ...............................................................................................................................................................2 RECOMMENDATIONS............................................................................................................................................4 INTRODUCTION ......................................................................................................................................................6 IMPLEMENTATION OF THE BROADCASTING LAW........................................................................................8 Restrictions on News, Political Programs, and Live Broadcasts....................................................................8 Operating Stations Denied Licenses; News and Political Programs Banned .................................................9 THE REACTION IN LEBANON ............................................................................................................................13 Capacity of the Airwaves Disputed..............................................................................................................15 Organizing Protests......................................................................................................................................16 Ban on Demonstrations Enforced ................................................................................................................17 INTERNATIONAL
  • Personal Laws: Undetermined Norms and Undetermined Concept?

    Personal Laws: Undetermined Norms and Undetermined Concept?

    Liverpool Law Review (2019) 40:253–270 https://doi.org/10.1007/s10991-019-09227-x Personal Laws: Undetermined Norms and Undetermined Concept? Jean‑Louis Halpérin1 Published online: 7 August 2019 © Springer Nature B.V. 2019 Abstract Many Asian and African constitutional and statutory texts use the phrase personal laws in order to determine the rules applicable to family matters such a marriage, divorce, maintenance and in some countries inheritance. However, this term is extremely vague and often without a clear defnition in the legal texts. This paper tries to show the high degree of un-determination of the statutory references to per- sonal laws. This chaotic situation can be explained by historical and political factors. Nevertheless, the paper proposes to stipulate a conventional defnition of personal laws in order to facilitate the comparison between the Asian and African countries with a plurality of personal laws. Based on common features of these legal systems knowing a plurality of personal laws, such a defnition can be useful for practical as well as for theoretical purposes. Keywords Africa · Asia · Legal concept · Legal pluralism · Personal law Introduction Personal law is one of those technical terms used by jurists that common man might not immediately understand. To begin with, it is a legal concept, but also an abstrac- tion used, at the same time, by ofcial statements in constitutions or statutory laws and by opinions of legal writers. It is both a concept of the law and a concept of the science of law. As used in constitutional and statutory laws, the concept of the law is not defned and its various confgurations seem to be resistant to any unifed defni- tion as a concept of the science of law.
  • City, War and Geopolitics: the Relations Between Militia Political Violence

    City, War and Geopolitics: the Relations Between Militia Political Violence

    City, war and geopolitics: the relations between militia political violence and the built environment of Beirut in the early phases of the Lebanese civil war (1975-1976) Sara Fregonese NEWCASTLE UNIVERSITY LIBRARY ---------- ----------------- 207 32628 4 ---------------------------- Thesis submitted for the degree of Ph.D in the School of Geography, Politics and Sociology Newcastle University May 2008 IMAGING SERVICES NORTH Boston Spa, Wetherby West Yorkshire, LS23 7BQ www.bl.uk ORIGINAL COpy TIGHTLY BOUND IMAGING SERVICES NORTH Boston Spa, Wetherby West Yorkshire, LS23 7BQ www.bl.uk . PAGE NUMBERING AS ORIGINAL IMAGING SERVICES NORTH Boston Spa, Wetherby West Yorkshire, LS23 7BQ www.bl,uk NO CD/DVD ATIACHED PLEASE APPLY TO THE UNIVERSITY Thesis abstract The thesis deals with the relationships between political violence and the built environment of Beirut during the early phases of the Lebanese civil war (1975-1976). It investigates how the daily practices of urban warfare and the urban built fabric impacted on each other, and specifically how the violent targeting of the built fabric relates to contested discourses of power and identity enacted by the urban militias. The study is the result of residential fieldwork in Beirut, where I held in-depth interviews with former militia combatants, media representatives, academics and practitioners in urban studies and architecture, as well as conducting archival search into bibliographical, visual and microfilm sources in Arabic, English and French. Official geopolitical discourses in international diplomacy about the civil war between 1975 and 1976 focused on nation-state territoriality, and overlooked a number of complex specifications of a predominantly urban conflict. This led occasionally to an oversimplification of the war and of Beirut as chaos.
  • Gendered Citizenship and the Sectarian Public Sphere Women and Civic Space in Lebanon

    Gendered Citizenship and the Sectarian Public Sphere Women and Civic Space in Lebanon

    Gendered Citizenship and the Sectarian Public Sphere Women and Civic Space in Lebanon Ellysse Vittoria Dick Undergraduate Honors Thesis Submitted to the Department of International Affairs University of Colorado at Boulder Defended April 4, 2016 Advisor: Dr. Jessica Martin, Dept. of International Affairs Defense Committee: Dr. Jessica Martin, Dept. of International Affairs Dr. Beverly Weber, Dept. of German and Slavic Languages and Literature Dr. Victoria Hunter, Dept. of International Affairs ABSTRACT Modern Lebanon’s political sectarian system is the result of many years of external forces molding the territory and its sociopolitical structures to align with international interests. Civic spaces in Lebanon, and women’s activity within these spaces, is dictated by sectarian dynamics within its politics and society. This paper explores the evolution of the Lebanese state and sectarianized experiences of citizenship in relation to the external forces that shaped the “Lebanese System” in place today. Beginning in the late Ottoman and French Mandate periods, it identifies the key players in state formation both under colonial rule and later, as a sovereign state, a failing state in civil war, a post-conflict society. Finally, it frames Lebanon as a case study in 21st-century Middle East politics. It argues that the sectarian sociopolitical structure and gendered social and legal understandings of citizenship preclude any unified experience of public life across the Lebanese system, and thus prevents women from engaging fully in both Lebanese civic life and of their position as citizens in the global system. It is crucial to understand the ways in which gendered, sectarian civic spaces have formed and continue to evolve as it is within these spaces where civil societies develop.
  • ICTJ Recommendations Eng Cover APP.Indd

    ICTJ Recommendations Eng Cover APP.Indd

    CONFRONTING THE LEGACY OF POLITICAL VIOLENCE IN LEBANON AN AGENDA FOR CHANGE Recommendations from Lebanese civil society October 2014 CONFRONTING THE LEGACY OF POLITICAL VIOLENCE IN LEBANON AN AGENDA FOR CHANGE CONTENTS INTRODUCTION ................................................................................................ 1 BACKGROUND ................................................................................................. 4 I. TRUTH AND MEMORY ................................................................................6 A. Clarify the Fate of the Missing and Forcibly Disappeared ......................................6 i. Adopt the Draft Law for Missing and Forcibly Disappeared Persons by the Parliament .......................................................................................7 ii. Clarify the Fate of Lebanese Citizens Detained in Syria and Other Foreign States ...8 iii. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance ................................................................................ 9 B. Truth-Seeking Measures ................................................................................................9 i. Establish an Independent Commission to Conduct a Comprehensive Truth-Seeking Process .............................................................................................. 9 ii. Promote a Balanced Re ection on Lebanon’s Recent Past in Education ....... 11 C. Memorialization ............................................................................................................12
  • Impact of Disappearance on Wives of the Missing in Lebanon

    Impact of Disappearance on Wives of the Missing in Lebanon

    International Center for Transitional Justice GENDER JUSTICE Living with the Shadows of the Past The Impact of Disappearance on Wives of the Missing in Lebanon March 2015 This project is co-funded by The European Union Cover Image: Vik Muniz, Ironing Woman, 2008. Cover art © Vik Muniz/Licensed by VAGA, New York, NY GENDER JUSTICE Living with the Shadows of the Past The Impact of Disappearance on Wives of the Missing in Lebanon March 2015 Christalla Yakinthou International Center Living with the Shadows of the Past for Transitional Justice Acknowledgments We extend our deepest gratitude to the 23 women who generously shared their lives and their stories with us. They are part of a group of countless women whose husbands have disappeared as a result of the conflict in Lebanon. ICTJ gratefully acknowledges the generous support of the European Union, which made the research and writing for this project possible, and UN Women, which helped to fund the publication of this report. The author extends her thanks to the editorial team: Dr. Dima Dabbous, former Director of the Institute for Women’s Studies in the Arab World (IWSAW) at the Lebanese American University; Anne Massagee, former Deputy Director of MENA at the International Center for Transitional Justice; and Kelli Muddell, Director of the Gender Justice Program at the International Center for Transitional Justice. Gratitude also goes to the research team, which was composed of: Rouba Mhaissen, field researcher; Lara Shallah Habbas, project coordinator, IWSAW; Jeannie D’Agostino, research assistant; Jessica Bou Tanios; and Manal Sarrouf, transcriptions. Thanks goes to the following people, who all gave generously of their knowledge and their time: Anita Nassar, former Assistant Director of IWSAW; Dr.
  • Mental Disability and the Executive: a Comparative Analysis of the Separation of Powers

    Mental Disability and the Executive: a Comparative Analysis of the Separation of Powers

    LCB_23_2_Article_6_Nelson (Do Not Delete) 6/13/2019 9:53 PM NOTES & COMMENTS MENTAL DISABILITY AND THE EXECUTIVE: A COMPARATIVE ANALYSIS OF THE SEPARATION OF POWERS by Zachary Nelson The doctrine of Separation of Powers is integral to the United States’ consti- tutional system. To prevent tyranny, governmental power must be separated to ensure that no government institution nor official gains too much power. The U.S. Constitution was drafted with this central concern in mind. To achieve successful separation of powers, constitutions must make clear—or at least discernible—the boundaries and scope of each power. One of the most significant areas in which this clarity is required is in the election, mainte- nance, and removal of the country’s executive leadership. For over 175 years, the U.S. Constitution lacked a procedure for removing its president from office for reasons of ill health. This was not due to a surplus of healthy presidents. In fact, the history of U.S. presidents is one of frequent illness, sudden traumas, and eleventh-hour miracles. Numerous presidents narrowly avoided death, while countless others kept hidden their struggles with physical frailty and decline. Beyond physical ailments, presidents endure stress * J.D., summa cum laude, Lewis & Clark Law School, 2019; M.A., Colorado State University, 2016; B.A., University of South Dakota, 2013. Thank you to Professor Ozan Varol for the valuable comments, feedback, and guidance during the drafting process, to the staff of the Lewis & Clark Law Review for their diligent work preparing this for publication, and to my family for their constant encouragement.
  • Carmen S. Geha Phd Thesis

    Carmen S. Geha Phd Thesis

    EXPLAINING INSTITUTIONAL CONSTRAINTS ON CIVIL SOCIETY AND REFORM IN LEBANON AND LIBYA: PATH DEPENDENCE AND 'PARTIALLY' CRITICAL JUNCTURES Carmen S. Geha A Thesis Submitted for the Degree of PhD at the University of St Andrews 2014 Full metadata for this item is available in St Andrews Research Repository at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/5939 This item is protected by original copyright Explaining Institutional Constraints on Civil Society and Reform in Lebanon and Libya: Path Dependence and ‘Partially’ Critical Junctures Carmen S. Geha This thesis is submitted in partial fulfilment for the degree of PhD at the University of St Andrews July 2014 Abstract This thesis is an inquiry into the challenges to the role of civic organisations in political reform during and after political transitions. The major question this research addresses is: How do institutions and institutional dynamics constrain political reform during a transition? The thesis examines how demands for reform by non-governmental organisations in Lebanon and Libya were not translated into concrete political decisions taken by regimes during a transition period. The thesis suggests that the combination of weak states and power-sharing agreements marginalizes civic organisations, and poses institutional constraints on the likelihood of reform. The thesis is based on contemporary research on events and reform trajectories in Lebanon and Libya, with a focus on the demands and strategies employed by activists during periods of transition. Lebanon between 2005 and 2010 and Libya between 2011 and 2013 underwent critical political events but subsequently did not adopt political reforms despite demands by civic organisations in two main areas: the electoral system in Lebanon and the constitutional process in Libya.
  • Liste Des Cd's

    Liste Des Cd's

    NOUVEAUX DROITS DE L’HOMME-INTERNATIONAL (Statut consultatif auprès de l’ECOSOC des Nations-Unies) MISSION AU LIBAN RAPPORT SUR LES ELECTIONS LEGISLATIVES LIBANAISES (AOUT 2000) Tél : 961(3)293-693 Fax : 961(1)685-495 Email : [email protected] Introduction a) Nouveaux droits de l’Homme (NDH): Fondée en 1977 à Paris, NDH agit pour “défendre et étendre” les droits de l’Homme vu tous les changements survenus depuis la Déclaration Universelle des droits de l’Homme de 1948. Le champ d’action de NDH s’est étendu au fur et à mesure pour couvrir plusieurs pays. En 1995, NDH a obtenu le statut consultatif auprès des Nations Unies pour devenir NDH - International avec des branches en France, Italie, Argentine, Cameroun, Burkina, Guinée. Depuis 1995, NDH-International suit de près la situation des droits de l’Homme au Liban à travers une équipe de volontaires. NDH défend les droits de l’Homme “traditionnels” et agit aussi pour leur extension afin de couvrir les nouvelles priorités. b) Le contexte politique: Le Liban est une république parlementaire ou le pouvoir exécutif relève de président de la République (chrétien maronite)) et du Premier ministre (musulman sunnite). Le parlement, présidé par un musulman chiite, est composé de 128 députés dont la moitié est chrétienne et l’autre moitié musulmane. Le pouvoir judiciaire est en général soumis à l’autorité politique, tant au niveau de sa structure qu’au niveau de son fonctionnement. Les affrontements meurtriers qui ont commencé en 1975 ont cessé pratiquement en octobre 1990. Après cette date, seul le Sud du Liban a été le théâtre d’opérations militaires entre l’armée israélienne et des formations militaires libanaises, jusqu’au 24 mai 2000, date du retrait des forces armées israéliennes du Liban.