The case for continued financial support for Lebanon’s Hariri tribunal

The devastating explosion in Beirut on  Feb. 14, 2005, brought widespread international condemnation. (AFP)
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The devastating explosion in Beirut on Feb. 14, 2005, brought widespread international condemnation. (AFP)
The case for continued financial support for Lebanon’s Hariri tribunal
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Members of the UN's Special Tribunal for Lebanon participate in a hearing on the Rafik assassination. (AFP file photo)
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Members of the UN's Special Tribunal for Lebanon participate in a hearing on the Rafik assassination. (AFP file photo)
A picture of the late former Lebanese PM Rafic Hariri is shown during a rally by his supporters outside his house in Beirut. (AFP file)
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A picture of the late former Lebanese PM Rafic Hariri is shown during a rally by his supporters outside his house in Beirut. (AFP file)
In this Feb. 19, 2005, photo, three of the sons of slain Lebanese former PM Rafiq Hariri, (from L to R) Ayman, Saadeddin and Bahaa visit the site of the massive explosion in which their father was killed on Feb. 14. (AFP file)
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In this Feb. 19, 2005, photo, three of the sons of slain Lebanese former PM Rafiq Hariri, (from L to R) Ayman, Saadeddin and Bahaa visit the site of the massive explosion in which their father was killed on Feb. 14. (AFP file)
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Updated 29 July 2021

The case for continued financial support for Lebanon’s Hariri tribunal

The case for continued financial support for Lebanon’s Hariri tribunal
  • Critics argue the Special Tribunal for Lebanon failed and should close down because it did not lead to a single arrest 
  • Experts participating in an Arab News webinar said Hariri tribunal should be allowed to complete its mandate

LONDON: The clock is ticking ever closer to a moment of reckoning. The Special Tribunal for Lebanon (STL), which was established to investigate and prosecute those responsible for the 2005 assassination of former prime minister Rafik Hariri, has run out of money and is due to permanently close at the end of July.

In the midst of an unprecedented national economic crisis, authorities in Lebanon said they are no longer able to cover their 49 percent share of the tribunal’s $40 million-a-year operating costs. The remaining 51 percent is provided by 28 donors, including the US government and several European states.

The STL announced its verdict almost a year ago. Despite repeated government appeals for financial assistance to help the STL fully fulfill its mandate, and impassioned defense of its achievements so far by experts in international criminal justice, donor nations appear content to allow it to adjourn for good.

At the time of its launch there was widespread support for the tribunal, as Lebanon reeled from one of its worst atrocities since the civil war. On Valentine’s Day 2005, a massive car bomb exploded outside St. Georges Hotel in Beirut. It killed Hariri and 21 other people, and left 269 wounded.

The international community responded by issuing a number of UN Security Council resolutions and setting up an investigative commission to assist the Lebanese authorities in investigating the murder and other political crimes.

Four years after the assassination, UN Security Council Resolution 1757 established the STL, based in Leidschendam in the Netherlands, kick-starting the task of seeking the truth and obtaining justice for the victims.

The tribunal issued its judgment on Aug. 18 last year. It found Hezbollah member Salim Jamil Ayyash guilty of launching the attack, but acquitted three co-defendants.

After long delays, attacks on investigators, intimidation of witnesses, and routine trouncing by the media, the STL’s verdict was greeted with an almighty shrug. Coming as it did close on the heels of the devastating August 4 Beirut port explosion, the decision was seen by many as proof that the process had failed because it “convicted only one person.”

Defenders of the work of the STL acknowledge that the court and its verdict have their limits, but say it nonetheless represents a successful multilateral effort to reinforce a rules-based international order. They also argue its mission is incomplete and part of a wider learning curve for institutions of international criminal justice.

“No international criminal tribunal has ever halted its work in this way due to a funding shortfall and this should never have happened with the Special Tribunal for Lebanon because it should have been allowed to complete its mandate,” Olga Kavran, head of outreach and legacy at the STL from 2010 until last year, said during a webinar hosted by the Arab News Research and Studies unit on Monday.




Olga Kavran

“This is not to say that there should not have been a thorough examination of the way that the tribunal has been managed, of the way that the proceedings of the tribunal have been conducted because, after all, international criminal justice as a project is one (that is) in development, and all other international criminal tribunals have been examined and scrutinized so that the best practices can be learned, so that the international criminal justice project can advance.”

  • Read the full report on Arab News Research & Studies by clicking here
  • Watch the Briefing Room webinar "The Special Tribunal for Lebanon: Truth, Justice or Accountability?" by clicking here

Kavran, founding director of IUSTICOM, the first non-governmental organization focused on communicating justice, is the co-author of a report titled “The Special Tribunal for Lebanon: Truth, Justice or Accountability?” that was recently published by the Lebanese American University’s (LAU) New York Academic Center in collaboration with the Arab News Research and Studies Unit.

It offers a passionate defense of the STL and examines some of the possible reasons for the poor reception to it.




In this Feb. 19, 2005, photo, three of the sons of slain Lebanese former PM Rafiq Hariri, (from L to R) Ayman, Saadeddin and Bahaa visit the site of the massive explosion in which their father was killed on Feb. 14. (AFP file)

The STL was the first international tribunal with jurisdiction over terrorism and the first to conduct trials in the absence of the accused. For the first time in the region, it introduced the principle of accountability for political crimes.

Crucially, at a local level in Lebanon the STL did succeed in delivering a significant part of “the truth” that people wanted after the assassination of Hariri.

“Disappointment with the judgment is based on a combination of unrealistic expectations, a lack of understanding of the tribunal’s rigorous procedures, and legitimate concerns about the narrowness of its mandate and the length of time it took to reach its judgment,” according to the report.

“In view of the scale of suffering during the Lebanese Civil War, for which no one has ever been held accountable, and the dozens of political assassinations throughout Lebanon’s history, it was indeed difficult to argue that the assassination of one man warranted such an expensive and complex legal instrument.

“This added to the unrealistic expectations that the tribunal would address much broader issues of states and groups which regularly interfere with and undermine the authority of the Lebanese nation.”




Members of the UN's Special Tribunal for Lebanon participate in a hearing on the Rafik assassination. (AFP file photo)

Among the critics of the tribunal is David Schenker, a former US assistant secretary of state for near eastern affairs and the Taube Senior Fellow at The Washington Institute. In an essay published in Foreign Policy magazine on July 19, he concluded that the STL “has not led to a single arrest, so Washington should let it expire and help the Lebanese people in better ways.”

He wrote: “The truth about who killed Hariri has been firmly established by the court but in Lebanon, where the verdict needs to be implemented, the wheels of justice do not grind. As with so many political murders there, no one has been held accountable for his death.”

  • Read the full report on Arab News Research & Studies by clicking here
  • Watch the Briefing Room webinar "The Special Tribunal for Lebanon: Truth, Justice or Accountability?" by clicking here

Ayyash, the convicted plotter, is thought still to be living in the country, under the protection of Hezbollah, but the Lebanese authorities have made scant efforts to arrest him.

“Proponents of the tribunal argue that, to this day, it continues to serve this purpose by exposing Hezbollah’s crimes and thus damaging its reputation,” Schenker said. “Alas, there is little evidence to suggest that Hezbollah’s supporters are repulsed by this or any other murder linked to the organization.

“Instead, 16 years after Hariri’s death, the tribunal, which has cost various countries’ taxpayers nearly $800 million, has become a distraction amid Lebanon’s self-inflicted state failure and Hezbollah’s increasing dominance of the state.”

INNUMBERS

51% of tribunal’s funding provided by international donors.

49% of funding provided by Lebanese government.

He therefore sees no use in prolonging the life of the court any further.

“Even if the Lebanese government and the United Nations try to salvage the court, the Biden administration should let the tribunal expire,” Schenker said. “The court cannot implement its verdict in its most important case, and with the economic situation in Lebanon rapidly deteriorating, continuing to pay for the tribunal would constitute an appalling misallocation of resources.”

Whatever its outcome, the tribunal has added significantly to the historical record. The judgment’s 2,641 pages, and the evidence laid out in them, are especially important for Lebanon, where a culture of “moving on” and a deeply ingrained concept of leaving the past behind in the name of “stability” have long prevailed.

During Monday’s webinar, report co-author Nadim Shehadi, executive director of the LAU Headquarters and Academic Center in New York and an associate fellow of the international affairs think tank Chatham House in London, said: “In 2005, the Lebanese asked for the truth.




Nadim Shehadi

“But they asked for an international tribunal not because it would just deliver the truth. They wanted an international tribunal because they also wanted the international community to know the truth, because they felt that in the past 10-15 years they had been abandoned. If the international community knew the truth then the protection would be restored.

“It (the tribunal) has been ignored internally — not just because people are bored, not because it took a long time, not because it’s partial — (with) lots of criticisms of the process. I think it is because they cannot handle the truth.”

  • Read the full report on Arab News Research & Studies by clicking here
  • Watch the Briefing Room webinar "The Special Tribunal for Lebanon: Truth, Justice or Accountability?" by clicking here

Above all, the report argues that a failure to address the findings of the Hariri case, while also halting the case dealing with three terrorist attacks on Lebanese politicians Marwan Hamade, George Hawi and Elias El-Murr on the eve of the tribunal, would send the message that impunity prevails in the Middle East.

Nidal Jurdi, a Canadian-Lebanese lawyer who is the acting representative of the UN’s Office of the High Commissioner for Human Rights in Tunisia and the lead victim representative at the STL, also took part in the webinar.




Nidal Jurdi

He argued that much of the disappointment with the tribunal stems from the decision to convict only a single individual, rather than pursue the commanders who ordered the attack or others who participated in the plot.

The inability to enforce the verdict made the tribunal appear wasteful, he added. Given this, combined with the slow pace of the investigation and a perceived misuse of resources, he said he is not surprised the STL received such a negative reception.

“The STL was needed, and the legacy and example is needed — but a reformed one that can really see the situation how it was in Lebanon in such a situation of organized crime,” Jurdi said.

Indeed, he believes that if the court is allowed to close now, it will be a more cruel blow to the victims and their families than if it had not been established in the first place.

“The victims, now, they are devastated,” he said. “If you ask me, it would have been better not to indict than to indict and then retreat. How does it look?

“Do you think anyone would believe any more in international justice in the Middle East or Lebanon? It would become a joke.”

  • Read the full report on Arab News Research & Studies by clicking here
  • Watch the Briefing Room webinar "The Special Tribunal for Lebanon: Truth, Justice or Accountability?" by clicking here


Guilt-riven Lebanon expats ship aid as crisis bites at home

Guilt-riven Lebanon expats ship aid as crisis bites at home
Updated 5 sec ago

Guilt-riven Lebanon expats ship aid as crisis bites at home

Guilt-riven Lebanon expats ship aid as crisis bites at home
  • Lebanon’s economy has collapsed under a long-running political class accused of incompetence and corruption
  • Lebanon is running out of fuel and gas to medicine and bread
DUBAI: Lebanese expats in the wealthy UAE, many of them riven with guilt, are scrambling to ship essential goods and medicine to family and friends in their crisis-stricken home country.
“How can I sit in the comfort of my home in air-conditioning and a full fridge knowing that my people, my friends and family, are struggling back home?” asked Jennifer Houchaime.
“Oh, the guilt is very, very real,” said the 33-year-old resident of Dubai, a member of the United Arab Emirates which is home to tens of thousands of Lebanese.
“It’s guilt, shame and nostalgia.”
Lebanon’s economy has collapsed under a long-running political class accused of incompetence and corruption.
Its currency has plunged to an all-time low, sparking inflation and eroding the purchasing power of a population denied free access to their own savings by stringent banking controls.
Lebanon is running out of everything, from fuel and gas to medicine and bread, and more than three-quarters of its population is now considered to be living under the poverty line.
Social media platforms are filled with posts by Lebanese appealing for contacts abroad to send basic goods such as baby formula, diapers, painkillers, coffee and sanitary pads.

Aya Majzoub, a researcher with Human Rights Watch, said trust in the Lebanese government is at an all-time low.
“It is unsurprising that local and grassroots initiatives have sprung up to fill this gap while bypassing the government that they view as corrupt, inefficient and incompetent,” she told AFP.
With no faith in the Lebanese authorities, expats have taken it upon themselves to transport aid.
Houchaime and a number of her Lebanese friends fill their bags with over-the-counter medication and food items every time they travel home.
The Dubai-based airline Emirates is allowing an extra 10 kilos (22 pounds) of baggage for passengers to Beirut from certain destinations until the end of this month.
For Dima Hage Hassan, 33, a trip to Lebanon opened her eyes to the unfolding disaster.
“I was in Lebanon, and I had money, and I had a car with fuel, and I went around from pharmacy to pharmacy unable to find medicine for my mother’s ear infection,” she said.

A fellow Lebanese, Sarah Hassan, packed for her second trip home in less than two months, taking only a few personal items while the rest was supplies for family and friends.
This time, the 26-year-old was taking a couple of battery-operated fans, painkillers, sanitary pads, skin creams, and cold and flu medication.
“A couple of my friends are going as well to Lebanon, so all of us are doing our part.”
It’s the same story in other parts of the Gulf, where Lebanese have long resided, fleeing from decades of conflict and instability in their own country.
“It’s hard not to feel guilty. When I went to Lebanon a month ago, I hadn’t been for two years. When I stepped out into the city, I was so shocked,” said Hassan.
“Then you come back here to the comfort of your home and everything is at your fingertips... it’s such an overwhelming feeling of guilt.”

East Libya forces say 2 helicopters crashed, killing 2

East Libya forces say 2 helicopters crashed, killing 2
Updated 20 September 2021

East Libya forces say 2 helicopters crashed, killing 2

East Libya forces say 2 helicopters crashed, killing 2
  • The self-styled Libyan Arab Armed Forces said the helicopters collided in the air over the village of Msus
  • The crash came as they have been battling Chadian fighters in Libya’s southern areas on the border with Chad

CAIRO: Forces loyal to a powerful Libyan commander said two military planes crashed on Sunday over a village in eastern Libya, killing at least two officers.
The self-styled Libyan Arab Armed Forces, led by Gen. Khalifa Haftar, said the helicopters collided in the air over the village of Msus, 130 kilometers (81 miles) southeast of the city of Benghazi.
A two-officer crew, including Brig. Gen. Bouzied Al-Barrasi, was killed in the crash, while the second helicopter crew survived, the forces said in a brief statement. It did not give the cause of the crash and said the helicopters were on a military mission.
Mohammad Younes Menfi, head of Libya’s Presidential Council, mourned the two officers.
Haftar’s forces control eastern and most of southern Libya. The crash came as they have been battling Chadian fighters in Libya’s southern areas on the border with Chad.
The clashes erupted last week and could further destabilize the wider Sahel region, after Chadian President Idriss Deby Itno was killed in April in battels between his government and Chadian rebels.


Erdogan to meet Greek Kyriakos Mitsotakis next week

Erdogan to meet Greek Kyriakos Mitsotakis next week
Updated 22 min 48 sec ago

Erdogan to meet Greek Kyriakos Mitsotakis next week

Erdogan to meet Greek Kyriakos Mitsotakis next week
  • Regional rivals have been at odds over a host of maritime issues in the Mediterranean and migration

ANKARA: Turkish President Recep Tayyip Erdogan said on Sunday that he would meet Greek Prime Minister Kyriakos Mitsotakis on the sidelines of the United Nations General Assembly next week in New York.

The NATO members and regional rivals have been at odds over a host of maritime issues in the Mediterranean and migration.
Mitsotakis said on Friday that Turkey was an important partner in tackling any new migration challenge to Europe and needed support.
Speaking at a news conference before departing for New York, Erdogan said Turkey, which hosts some 4 million refugees — most of whom are Syrians — was “suffering the biggest burden and the heaviest downsides” of migration, adding that Turkey would take the necessary steps if its counterparts did not.
The Turkey’s president also said his country was ready for talks with Armenia but added Yerevan needed to take steps toward opening a controversial transport link through its territory.
Armenia and Turkey never established diplomatic relations and their shared border has been closed since the 1990s.
The ties have deteriorated due to Turkey’s support for its regional ally Azerbaijan, which fought with Armenia last year for control of the disputed Nagorno-Karabakh region.
But earlier this month, Armenian Prime Minister Nikol Pashinyan said Yerevan was prepared to hold discussions on repairing relations with Ankara.
“If he (Pashinyan) would like to meet with Tayyip Erdogan, then certain steps should be taken,” Erdogan said.
He was referring to the creation of a transit corridor that would have to go through Armenia to connect Azerbaijan to its Nakchivan enclave that borders Turkey and Iran.
“We are not closed to talks (with Armenia), we will hold the talks,” Erdogan said.
“I hope that not a negative but a positive approach will prevail there,” he said. “God willing, the problem between Azerbaijan and Armenia will be overcome with the opening of the corridors.”


Morocco’s Justice and Development Party decries ‘violations’ at polls

Abdellatif Ouahbi, president of Morocco's Authenticity and Modernity party (C), gives a speech after his party came in second in parliamentary and local elections, in Rabat on September 9, 2021. (AFP)
Abdellatif Ouahbi, president of Morocco's Authenticity and Modernity party (C), gives a speech after his party came in second in parliamentary and local elections, in Rabat on September 9, 2021. (AFP)
Updated 20 September 2021

Morocco’s Justice and Development Party decries ‘violations’ at polls

Abdellatif Ouahbi, president of Morocco's Authenticity and Modernity party (C), gives a speech after his party came in second in parliamentary and local elections, in Rabat on September 9, 2021. (AFP)
  • Morocco’s King Mohammed VI has named businessman Aziz Akhannouch to lead a new government after his National Rally of Independents, considered close to the palace, thrashed the Justice and Development Party, winning 102 seats

RABAT: Morocco’s moderate Islamist Justice and Development Party, which was thrashed at last week’s elections, on Sunday denounced “violations and irregularities” at the polls.
The party had headed Morocco’s governing coalition for a decade but saw its support collapse at the Sept. 8 vote, dropping from 125 of parliament’s 395 seats to just 13.
Local elections held the same day confirmed the party’s crushing defeat.
The party “denounces the violations and irregularities” at the polls, including “massive use of money,” “manipulation of reports” and “names crossed off the electoral lists or appearing twice,” it said in a statement following Saturday’s extraordinary session of the party’s national council.
These “forms of electoral corruption ... led to the announcement of results that do not reflect the substance of the political map and the free will of the voters,” the statement added.
Interior Minister Abdelouafi Laftit has said the voting process took “under normal circumstances” apart from isolated incidents.

SPEEDREAD

• Interior Minister Abdelouafi Laftit says the voting process took ‘under normal circumstances’ apart from isolated incidents.

• On voting day, the Islamists had alleged ‘serious irregularities,’ including ‘obscene cash handouts’ near polling stations and ‘confusion’ on some electoral rolls, with some voters finding they were not listed.

Morocco’s King Mohammed VI has named businessman Aziz Akhannouch to lead a new government after his National Rally of Independents, considered close to the palace, thrashed the Justice and Development Party, winning 102 seats.
On voting day, the Islamists had alleged “serious irregularities,” including “obscene cash handouts” near polling stations and “confusion” on some electoral rolls, with some voters finding they were not listed.
The National Rally of Independents has started coalition talks, but the Justice and Development Party has announced that it would switch to its “natural” position as the opposition.
The party “is at an important turning point,” outgoing secretary-general Saad-Eddine El-Othmani said Saturday at the party’s closed-door meeting.

 


Iranian oil fails to end Lebanon’s fuel wars

Lebanese police stand guard in front of the central bank building, where anti-government demonstrators protest against the deepening financial crisis, in Beirut. (AP/File)
Lebanese police stand guard in front of the central bank building, where anti-government demonstrators protest against the deepening financial crisis, in Beirut. (AP/File)
Updated 20 September 2021

Iranian oil fails to end Lebanon’s fuel wars

Lebanese police stand guard in front of the central bank building, where anti-government demonstrators protest against the deepening financial crisis, in Beirut. (AP/File)
  • Lebanon has not asked for fuel from Iran, says PM Mikati
  • Maronite patriarch calls on government to end the smuggling of Iranian fuel from Syria

BEIRUT: Armed men opened fire at a gas station in the Bekaa valley on Sunday and threatened to kill the owner as Lebanon’s fuel wars continued to spiral out of control.

The incident in the town of Beit Chama came amid long queues at gas stations, frequent power cuts and a 20-liter canister of gasoline selling on the black market for 500,000 pounds ($327) when the official price is 180,000 pounds.

The fuel shortage has not been eased by the arrival last week of tanker trucks of diesel from Iran, smuggled across the border from Syria in a deal brokered by Hezbollah in breach of US sanctions. A third tanker is at sea on its way from Iran to the Syrian port of Baniyas.

Neither the arrival of Iraqi fuel to Electricité du Liban nor that of Iranian diesel has yielded positive results yet.

In his Sunday sermon, Maronite patriarch Bechara Boutros Al-Rahi denounced the smuggling of Iranian fuel from Syria. “The state cannot be built on practices or positions that contradict its entity and institutions,” he said.

Al-Rahi said the new government under Prime Minister Najib Mikati should “work as a united national team to stop the collapse and confront the continuous attack attempts against the state and its democratic system.”

“The state cannot be built on practices or positions that contradict its entity and institutions,” he said, adding that the recent entry of fuel tankers and the obstruction of the investigation into the Beirut Port explosion were “among such practices.”

Al-Rahi expressed the hope that the new government would “work as a united national team to stop the collapse and confront the continuous attack attempts against the state and its democratic system.”

He urged the government to “carry out reforms, mobilize the financial and economic cycle, solve the fuel and electricity crises, and close the smuggling crossings on the border.”
The state cannot be built on practices or
positions that contradict its entity and institutions.
Bechara Boutros Al-Rahi
Lebanese Maronite Patriarch

Meanwhile, Mikati dismissed fears that Lebanon faced US penalties for breaching US sanctions by importing Iranian oil.

“The Lebanese government didn’t approve this … so I don’t believe it would be subject to sanctions,” Mikati told CNN on Saturday in response to a question about Hezbollah bringing Iranian fuel into Lebanon

“I am saddened by the lack of Lebanese sovereignty," he said.

A source close to Mikati told Arab News on Sunday: “The state of Lebanon has not asked Iran for fuel. This position had been officially expressed and has not changed.”

Iranian Foreign Ministry Spokesman Saeed Khatibzadeh commented on Mikati’s statements to CNN, saying on Sunday that sending Iranian fuel to Lebanon “happened according to a standard purchase process by Lebanese merchants. If the Lebanese government also wants to buy fuel from Iran, we would be happy to oblige.”

HIGHLIGHTS

 

• On Monday, PM Mikati’s government is expected to receive parliament’s vote of confidence with approximately 100 votes out of 128. It is expected that a vote of no confidence will be limited to the MPs of the Lebanese Forces bloc and several independent MPs.

• The Lebanese are still floundering with a series of never-ending crises, the foremost of which is the fuel crisis. Long queues at gas stations have remained the same, and the power rationing hours have not improved either.

On Monday, Mikati’s government is expected to receive parliament’s vote of confidence with approximately 100 votes out of 128. It is expected that a vote of no confidence will be limited to the MPs of the Lebanese Forces bloc and several independent MPs.

Politicians, meanwhile, were preoccupied with the repercussions of Halliburton winning a contract to explore oil and gas in the disputed maritime border area between Lebanon and Israel.

Parliament Speaker Nabih Berri called on the Ministry of Foreign Affairs to “take urgent and immediate action before the Security Council and the international community to verify the possibility of a new Israeli attack on Lebanese sovereignty and rights because any exploration contract with Halliburton or other companies in the disputed area undermines the framework agreement sponsored by the US and the UN.”

Lebanese-Israeli negotiations over the disputed area were held under US auspices and stopped in April after the Lebanese delegation insisted that negotiations start from Line 29 of the border, which enlarges the size of the disputed area to 2,290 km instead of 860 km.

This area was based on a map sent in 2011 to the UN, but Lebanon later considered this map to be based on wrong estimates, so it demanded an additional area of 1,430 square km, including parts of the Karish gas field, in which a Greek company works for Israel.

The current Lebanese proposal is known as Line 29, and Israel has accused Lebanon of obstructing negotiations by expanding the disputed area.