THE MIDDLE EAST, BETTER EXPLAINED

The Special Tribunal for : Truth, Justice or Accountability? THE MIDDLE EAST, BETTER EXPLAINED The Special Tribunal for Lebanon: Truth, Justice or Accountability?

Olga Kavran is a fellow and PhD candidate at Vrije Universiteit Brussel and the Founding Director of IUSTICOM, the first NGO specifically dedicated to communicating justice. From 2010-2020, she was the Head of Outreach and Legacy at the Special Tribunal for Lebanon.

Nadim Shehadi is the executive director of the LAU Headquarters and Academic Center in New York and an Associate Fellow of Chatham House in London.

INTRODUCTION up an investigative commission to assist ixteen years ago, on Valentine’s the Lebanese authorities in investigating Day 2005, a massive car bomb these crimes.4 By the end of the year, the exploded outside ’s St. Lebanese demanded more assistance from Georges Hotel, killing Lebanon’s the international community in obtaining former prime minister Rafik justice and accountability, and requested SHariri and 21 other people. Another 269 the establishment of an internationalized people suffered life-altering physical and tribunal. psychological injuries, and the entire Despite vocal opposition from the-then country was traumatized.1 Before the Bei- minority pro-Syrian “March 8 Alliance,” the rut port blast of Aug. 4, 2020,2 this was the Special Tribunal for Lebanon (STL), based biggest explosion to hit a country that had in Leidschendam in the Netherlands, began experienced 15 years of civil war. work four years after the assassination.5 Thus began the STL’s battle for legitimacy and In the aftermath of the assassination, the recognition. brought over a million In the years since the issuance of UN people onto the streets, leading ultimately Security Council Resolution 1757 which to the withdrawal of Syrian troops from established the STL, those opposed to the Lebanon after nearly 30 years. Whether tribunal have gone to great lengths to prevent intended or not, Hariri’s assassination it fulfilling its mandate,6 including attacking brought an end to Pax .3 its investigators and attempting to intimidate However, Hariri’s murder was not the witnesses.7 Many, only assassination to have been committed In January 2008, a car bomb killed Wissam however, had in that year — over a dozen other critics or Eid, the Lebanese investigator who is widely little idea as to opponents of Syrian domination had been credited with major breakthroughs in the the tribunal’s attacked or killed in 2004 and 2005. technical aspects of the investigation into the actual The international community reacted, as 2004-2005 terrorist attacks, and in October findings it often does, by issuing a number of UN 2012 another car bomb killed Wissam and chose to Security Council resolutions and setting Al-Hassan, head of Lebanon’s internal ignore them intelligence agency, who had led the initial Former PM Rafik international tribunal with jurisdiction over Hariri was a very well investigation into the assassination of Hariri.8 protected man with terrorism and the first to conduct trials in Ultimately, its opponents failed in both private security the absence of the accused (but with the and that provided by undermining the work of the STL but the state of Lebanon. participation of counsel appointed to conduct succeeded in damaging its reputation among (FILE/Getty Images) their defense.) For the first time in the region, the Lebanese. Through sustained media the tribunal introduced the principle of campaigns the tribunal was portrayed as accountability for political crimes, which “an American-Zionist” plot against the today is needed more than ever. “Resistance” on the one hand and, on the Despite tough initial negotiations at other, as ineffective because it neither the UN Security Council, a number of prosecuted nor convicted or states cooperated with the Independent .9 International Investigation Commission So, when the tribunal issued its judgment which preceded the STL, and 29 countries on Aug. 18, 2020, convicting Hezbollah voluntarily contributed to the tribunal’s member Salim Jamil Ayyash but acquitting funding. his three co-defendants, some celebrated At the local level in Lebanon, the STL did the “exoneration,” while most decided the deliver a significant part of “the truth” that process had failed because it “convicted only people had sought after the assassination of one person.” Many, however, had little idea as Hariri. However, due primarily to unrealistic to the tribunal’s actual findings and chose to expectations and the lack of consensus on the ignore them. objectives of truth, justice and accountability, STL’s critics in Lebanon claim that the THE STL DID tribunal delivered too little too late and at AND STILL CAN REINFORCE huge cost, with several periods of instability INTERNATIONAL JUSTICE and paralysis. The Special Tribunal for Lebanon was the THE MIDDLE EAST, BETTER EXPLAINED first of its kind. It represents a successful THE TRIBUNAL LAID multilateral effort to reinforce a rules- OUT FACTS THAT based international order. It is also the first CANNOT BE IGNORED Rather than focusing on what the STL 2,641 pages of important and judicially tested could not and did not do, its stakeholders in facts about Lebanon’s recent past.10 Lebanon and internationally would benefit For the first Former PM Hariri was a well-protected from an earnest examination of the judgment time in the man, with both private security and that and the process that led to the tribunal’s region, the provided by the state of Lebanon. During creation and governed its conduct. Such an tribunal 415 days in court, the judges heard from 297 examination would have to include a clear introduced the witnesses, received 171,000 pages of exhibits, understanding of the system of international principle of and concluded that the careful planning and criminal justice and its limits, as well as preparation required to assassinate someone accountability the specific restrictions placed on the STL. as closely protected as Hariri involved at These are essential prerequisites for properly for political least 10 and possibly many more individuals, evaluating the importance of the judgment crimes who used four different interconnected, issued on Aug. 18, 2020 and identifying coordinated and covert mobile phone possible avenues by which the judgment networks. and the facts it established can be used to On the afternoon of that fateful Valentine’s take Lebanon down the path of justice and Day, the criminals also attempted to divert accountability. attention from themselves by creating a false Disappointment with the judgment is based claim of responsibility. They kidnapped, on a combination of unrealistic expectations, filmed and then disappeared a young man a lack of understanding of the tribunal’s by the name of Abu Adass. In the video, he rigorous procedures, and legitimate concerns claimed responsibility for the assassination about the narrowness of its mandate and the of Hariri on behalf of a nonexistent militant length of time it took to reach its judgment — group. nine years from the indictment and 15 years The judgment provides details of this after the crime, at an estimated cost of around carefully planned crime — obtaining $700 million. detailed knowledge of Hariri’s movements, In view of the scale of suffering during the his convoy, its personnel and his usual , for which no one has ever position within it; establishing closed mobile been held accountable, and the dozens of networks for communications between those political assassinations throughout Lebanon’s with a role in the plot; choosing a method history, it was indeed difficult to argue that of assassination; obtaining the vehicle used the assassination of one man warranted such for the killing; picking a suitable site for an an expensive and complex legal instrument. explosion; selecting a manner of detonation, This added to the unrealistic expectations including recruiting the suicide bomber; that the tribunal would address much broader procuring the explosives; and setting up the issues of states and groups which regularly claim of responsibility, including arranging interfere with and undermine the authority Adass’ role in it. of the Lebanese nation. This is also evidenced The judgment also describes the political by the little-known fact that the tribunal’s situation in Lebanon leading up to Hariri’s victims’ liaison officer received many calls assassination and concludes that the attack from victims of the civil war and other was intended to resonate throughout the conflicts in Lebanon requesting assistance in country and the region, and that its intended achieving some measure of justice — justice effects were not just confined to Hariri’s that the tribunal could never provide. supporters but were designed to destabilize In 2005, after the Hariri assassination, Lebanon generally. Lebanese protesters demanded “the truth.” The judges also concluded that the attack In simpler and less controversial terms, they did not occur in a political or historical wanted to know who did it. vacuum, and that Syria and Hezbollah may On Aug. 18, 2020, the STL provided the have had motives to eliminate Hariri and his answer — the terrorist attack that killed political allies.11 22 people, injured 226 and devastated a In fact, the judges stated that the evidence significant part of Beirut was carried out by THE MIDDLE EAST, BETTER EXPLAINED presented was sufficient to establish that a well-organized and disciplined group of the-then chief of Syrian military intelligence individuals. The judgment, which is publicly in Lebanon Rustum Ghazaleh, who “had available on the tribunal’s website, consists of received regular monthly cash payments A general view shows the site of a massive explosion in Beirut where Lebanon’s former prime minister Rafik Hariri was killed 14 February 2005. (FILE/AFP)

from Hariri through intermediaries from 1993 reasonable doubt, is viewed with skepticism onwards,” had a reason to “demand a double by many.12 Revisionism and denial are payment on the day before Hariri’s death, still rampant among politicians and other meaning that he had grounds to believe that segments of society.13 there would be no more payments from that However, thanks to the existence of the date onwards.” irrefutable evidence established by the ICTY, such denial can be costly. For example, THE STL CODIFIED recently the Montenegrin minister of justice, MEMORY FOR human and minority rights faced calls for THE LEBANESE his dismissal because he expressed doubt Like the judgments at the International that the 1995 massacres of Bosniaks from Criminal Tribunal for the former Yugoslavia Srebrenica constituted genocide, as had been (ICTY), the judgment of the special tribunal established in multiple ICTY cases.14 is highly important for Lebanon because it More importantly, while politicians and is a treasure trove of information about what their views will fade from memory, the happened, not only on Feb. 14, 2005, but also archives and evidence collected by the ICTY in the years of the period referred to as Pax will remain available for examination by Syriana. researchers and journalists for decades to The tribunal’s rigorous process also means come. that every fact mentioned in the judgment The same is true of the STL’s judgment. Its has been proven beyond a reasonable doubt. 2,641 pages and the evidence laid out in them THE MIDDLE EAST, BETTER EXPLAINED As all observers familiar with the context of belong primarily to the people of Lebanon the former Yugoslavia will attest, the ICTY, where, thus far, the culture of “moving on” despite the immense body of evidence it and a deeply ingrained concept of leaving collected and the facts it established beyond the past behind in the name of “stability” On Aug. 18 2020, the STL provided the answer – the terrorist attack that killed 22 people, injured 226 and devastated a significant part of Beirut was committed by a well-organized and disciplined group of individuals. (Supplied)

have always prevailed. Yet, the country does development. Failing to address the not appear to be particularly stable at the findings of the judges in the Hariri case and moment. Perhaps it is time to take a different halting the case dealing with the attacks approach and embrace the truth, no matter against Marwan Hamade, Georges Hawi how hard it might be. and Elias El-Murr on the eve of trial would This is particularly important today broadcast the message that impunity when an increasing number of people prevails in the Middle East. For Lebanon, from all corners of Lebanon are asking this would mean no justice for other crimes, for international assistance in achieving such as the port explosion, and resumed justice and accountability for the economic political assassinations, such as the murder collapse of the country and an international in February 2021 of Luqman Slim, an investigation into the August 2020 Beirut outspoken critic of Hezbollah.15 port blast that killed over 200 people, The negative impact of prematurely closing destroyed a significant portion of the city and the STL would reverberate far beyond left thousands injured and tens of thousands Lebanon. In fact, arguments to expand the homeless. tribunal’s jurisdiction are more convincing It is difficult to imagine anything on the than those to shut it down. Militias and scale of the tribunal being created again, terrorist organizations have committed which is why its continuity is crucial for similar assassinations and other crimes in maintaining the principle of accountability Syria, Iraq and Yemen. and international protection. What happens in Lebanon never stays in THE MIDDLE EAST, BETTER EXPLAINED The recent news of the tribunal’s financial Lebanon, but has repercussions over an crisis and possible premature closure are entire region suffering from assassinations, worrying. This would be a detrimental terrorist crimes and financial turmoil. REFERENCES 1. Abbas F.J. (Arab News, 2020). The assassination leader refuses to hand over Hariri suspects. of Hariri. Arab News, 45 moments that changed https://www.theguardian.com/world/2011/ the Middle East. https://www.arabnews.com/ jul/03/hezbollah-leader-refuses-handover-hariri- node/1660051 suspects

2. Arab News (Arab News, 2020). Lebanon in “state 10. STL (STL, 2020). The Trial Chamber, Special of emergency” as Beirut death toll climbs. https:// Tribunal for Lebanon. The Prosecutor v. Salim www.arabnews.com/node/1715211/middle-east Jamil Ayyash, Hassan Habib Merhi, Hussein Hassan Oneissi, Assad Hassan Sabra. https://www. 3. UN News (UN News, 2005). Syria agrees stl-tsl.org/crs/assets/Uploads/20200818-F3839- to UN-verified troop withdrawal from PUBLIC-Full-Judgement-Annexes-FILED-EN- Lebanon by 30 April. https://news.un.org/en/ WEB-Version-v0.2.pdf story/2005/04/133712-syria-agrees-un-verified- troop-withdrawal-lebanon-30-april 11. UN News (UN News, 2020). Hariri assassination: UN-backed tribunal finds one 4. UN News (UN News, 2005). Security Council guilty, three acquitted. https://news.un.org/en/ sets up independent probe into Lebanese ex- story/2020/08/1070482 premier’s murder. https://news.un.org/en/ story/2005/04/134142-security-council-sets- 12. Kostic, M. (European Journal of International independent-probe-lebanese-ex-premiers-murder Law, 2018). Public opinion survey in Serbia sheds light on ICTY legacy. https://www.ejiltalk.org/ 5. UN News (UN News, 2009). UN-backed public-opinion-survey-in-serbia-sheds-light-on- tribunal for Lebanon killings swears in icty-legacy/ officials, adopts rules. https://news.un.org/en/ story/2009/03/294962-un-backed-tribunal- 13. Press Release (International Criminal Court lebanon-killings-swears-officials-adopts-rules for the former Yugoslavia, 2017). Prosecutor Serge Brammertz addresses the United Nations 6. UN News (UN News, 2010). Ban calls Security Council. https://www.icty.org/en/press/ intimidation of the UN-backed Lebanon tribunal prosecutor-serge-brammertz-addresses-the- “unacceptable.” https://news.un.org/en/ united-nations-security-council-1 story/2010/10/357492 14. Kajosevic, S. (Balkan Insight, 2021). 7. AP Staff (AP, 2016). UN-backed Hariri tribunal Montenegrin minister faces dismissal for convicts newspaper of contempt. https://apnews. Srebrenica genocide comments. https:// com/article/05296f9208134e9e8d688787c8a9df7c balkaninsight.com/2021/04/05/montenegrin- minister-faces-dismissal-for-srebrenica-genocide- 8. BBC News (BBC News, 2012). Beirut blast denial/ kills intelligence chief Wassam al-Hassan. THE MIDDLE EAST, BETTER EXPLAINED https://www.bbc.co.uk/news/world-middle- 15. Houssari, N. and Ali Ahmad, T. (Arab News, east-20008827 2021). Killing of Lebanese anti-Hezbollah activist Luqman Slim sparks fury. https://www.arabnews. 9. The Guardian (The Guardian, 2011). Hezbollah com/node/1803691/middle-east Established in 1975, the Riyadh-based Arab News is the Middle East’s leading English language daily. Part of regional publishing powerhouse, SRMG, Arab News has been Saudi Arabia’s newspaper of record for over four decades, it has regional hubs in London, Dubai, Islamabad and Tokyo. Since 2016, the newspaper has undergone a digital transformation strategy which saw it enhance its web presence and launch three additional digital editions: Arab News Pakistan, Arab News Japan, and Arab News en Francais.

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