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A Critical Investigation of Power and Ideology Through the Special Tribunal for Lebanon

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A Critical Investigation of Power and Ideology Through the Special Tribunal for Lebanon A Critical Investigation of Power and Ideology through the Special Tribunal for Lebanon Alexander Mark Baxter A thesis submitted in partial fulfilment of the requirements of Nottingham Trent University for the degree of Doctor of Philosophy September 2019 This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed in the owner(s) of the Intellectual Property Rights. Contents Table of Figures .................................................................................................................................... iii Abstract ................................................................................................................................................ iv Acronyms............................................................................................................................................... v Introduction .......................................................................................................................................... 1 Context and Rationale ....................................................................................................................... 1 Approach of the thesis ...................................................................................................................... 3 Originality and Contribution to Knowledge ....................................................................................... 8 Chapter Outlines ............................................................................................................................. 11 Chapter One: Theory and Methodology .............................................................................................. 15 Introduction..................................................................................................................................... 15 Theory ............................................................................................................................................. 15 Methodology 1: Meta-theory .......................................................................................................... 28 Methodology 2: Research Strategy and Methods ........................................................................... 39 Chapter Two: The Lebanese State-Society ......................................................................................... 54 Introduction..................................................................................................................................... 54 Clientelism and Sectarianism ........................................................................................................... 54 Consociationalism ........................................................................................................................... 68 Memory ........................................................................................................................................... 77 Conclusion ....................................................................................................................................... 81 Chapter Three: The STL in the historical structure of world order ...................................................... 82 Introduction..................................................................................................................................... 82 Contemporary ICL in world order .................................................................................................... 82 The Historical Structure of World Order: The European Commission for Syria 1860 ...................... 91 Chapter Four: The Special Tribunal for Lebanon in the Context of International Criminal Law ......... 100 Introduction................................................................................................................................... 100 International Criminal Tribunals .................................................................................................... 100 Transitional Justice ........................................................................................................................ 104 United Nations Security Council Resolution 1757 ......................................................................... 106 Appeals chamber interlocutory decision on applicable law 2011 ................................................. 115 Decision on the Defence Challenges to the Jurisdiction and Legality of the Tribunal 2012 ........... 122 Conclusion ..................................................................................................................................... 126 Chapter Five: Walid Jumblatt’s evidence 4-5th May 2015 .................................................................. 128 i Introduction................................................................................................................................... 128 Kamal Jumblatt .............................................................................................................................. 128 Pax Syriana .................................................................................................................................... 135 The turn of the Millennium ........................................................................................................... 138 The Qornet Chehwan gathering .................................................................................................... 143 Constitutional ammendment and UNSC resolution 1559 .............................................................. 145 Grudges, revenge and pettiness .................................................................................................... 149 The Second Bristol Hotel meeting ................................................................................................. 153 Interim Findings ............................................................................................................................. 155 Chapter Six: Walid Jumblatt’s evidence 6-7th May 2015 .................................................................... 159 Introduction................................................................................................................................... 159 Hizballah ........................................................................................................................................ 159 Representative for the victims ...................................................................................................... 162 Defence questioning, the money trail and the Saudi connection. ................................................. 167 Politicisation .................................................................................................................................. 172 Corruption and Terrorism .............................................................................................................. 174 Syrian Tutelage or Occupation? ..................................................................................................... 178 Challenging Patrimonial Clientelism and Memory-Making............................................................ 180 Jumblatt: Democratic Party Leader or Sectarian Za’im? ................................................................ 183 Interim Findings ............................................................................................................................. 188 Historical Comparisons .................................................................................................................. 194 Conclusion ......................................................................................................................................... 201 Thesis Context ............................................................................................................................... 201 Research findings .......................................................................................................................... 205 Originality and contribution to knowledge .................................................................................... 214 The research process ..................................................................................................................... 217 Limitations and avenues for further research ............................................................................... 218 Bibliography ...................................................................................................................................... 220 ii Table of Figures Figure 1: Forces ................................................................................................................................... 17 Figure 2: Spheres of Activity ................................................................................................................ 18 Figure 3: Theoretical Model of the STL in Historical Structure and Analytic Strategy ......................... 42 Figure 4: Codes for CDA analysis of transcripts ..................................................................................
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