The Special Tribunal for Lebanon: Law and Practice (Oxford Monographs in International Humanitarian & Criminal Law)

This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritiative guide to the procedure of the Tribunal,the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date. "This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague - but in their absence, as their locations are unknown. The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritative guide to the procedure of the Tribunal, the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date"--Unedited summary from book jacket The Special Tribunal Of The Lebanon Is The First International Tribunal Established To Try The Perpetrators Of A Terrorist Act: The Murder Of The Lebanese Prime Minister In 2005. This Book, Written By Practitioners With Experience Of The Court And Experts In International Criminal Law, Provides A Detailed Assessment Of Its Unique Law And Practice. Introduction: A Very Special Tribunal / David Tolbert -- The Creation Of The Tribunal In Its Context / Nicolas Michel -- The Legal Nature Of The Special Tribunal For Lebanon / Dr. Bahige Tabbarah -- The Un Investigation Of The Hariri Assassination / Amal Alamuddin And Anna Bonini -- The Crime Of Terrorism In Lebanese And International Law / Nidal Nabil Jurdi -- Individual Criminal Responsibility / Philippa Webb -- The Unique Rules Of Procedure Of The Stl / Dov Jacobs -- Responding To Cooperation Problems At The Stl / Göran Sluiter -- Victim Participation At The Special Tribunal For Lebanon / Howard Morrison And Emma Pountney -- Rights Of Suspects And Accused / John Rwd Jones Qc And Dr. Miša Zgonec-rožej -- The Stl Registry / David Tolbert And Evelyn Anoya -- Trial In Absentia Before The Special Tribunal For Lebanon / Paola Gaeta -- Ethics Before The Special Tribunal For Lebanon / Pascal Chenivesse And Daryl A. Mundis -- The Legacy Of The Special Tribunal For Lebanon / Harmen Van Der Wilt. Edited By Amal Alamuddin, Nidal Nabil Jurdi, And David Tolbert. Includes Bibliographical References And Index. 9780199687459 Oxford_Monographs_in_Internationalhumanitarian_and_Criminal_Law Table_of_Cases_by_Jurisdiction Table_of_Legislationby_Jurisdiction List_of_Abbreviations List_of_Contributors Introduction_A_Very_Special_Tribunal The_Creation_of_the_Tribunal_in_its_Context The_Legal_Nature_of_the_Special_Tribunal_for_Lebanon The_UN_Investigation_of_the_Hariri_Assassination The_Crime_of_Terrorism_in_Lebanese_and_International_Law Individual_Criminal_Responsibility The_Unique_Rules_of_Procedure_of_the_STL Responding_to_Cooperation_Problems_at_the_STL Victim_Participation_at_the_Special_Tribunal_for_Lebanon Rights_of_Suspects_and_Accused The_STL_Registry Trial_In_Absentia_Before_the_Special_Tribunal_for_Lebanon Ethics_Before_the_Special_Tribunal_for_Lebanon The_Legacy_of_the_Special_Tribunal_for_Lebanon 1_Memorandum_from_the_Future_Parliamentary_Bloc_to_the_Representatives_of_the_International_Community 2_Documents_Pertaining_to_the_Establishment_of_the_STL Index