The focus of this paper is to address the problems concerning the subject-matter
jurisdiction of the Special Tribunal for Lebanon (STL). It discusses the ratione
subjecate materiae of the international tribunals, and tribunals of international
cha
racter, in contrast to the STL, which is contrary to the other tribunals in
which the ratione subjecate materiae is limited to national crimes under the
Lebanese Criminal Code (LCC). The paper will also examine the crime of
terrorism as it is stated in the LCC by analysing the actus reus, and mens rea of
the crime, and in doing, so will conclude that terrorism is not yet considered an
international crime. Although the mental and material elements of crimes against
humanity are met in the assassination of Rafik Hariri, (and other attacks are
included within the subject-matter jurisdiction of the STL), these crimes were
not classified as such. This appears to be due to the will of the Security Council
(SC) to sever the STL’s authority to prosecute other atrocities committed on the
territory of Lebanon in recent years, especially serious war crimes and crimes
against humanity which have been committed on that same territory in the period
of mid-2006 during the Israeli aggression on Lebanon. In addition, there has
been the positioning of the institution (STL) generally as one that is a national
tribunal with international features, rather than a truly international tribunal.
This, in itself, may lead to complicate the mission undertaken by the STL
Prosecutor, and will do little to assist any of the issues surrounding ‘Chain of
Command’ immunity regarding Heads of State and other Senior Officials
The study addresses a number of legal issues related to the Syrian position on the
Special Tribunal for Lebanon. First, it represents the legal basis of the Syria position
with regard to the rules of the national law.
The study also addresses a nu
mber of issues and legal questions to the extent of
compliance of this position with international law, and precidents related to the
creation of former international tribunals. It also looks into the issue of consistency
between the Syrian position and the special tribunal’s statute. It raises the question,
based on legal documents issued by the tribunal, on countries’ obligations, including
Syria, to future cooperation with the Tribunal on issues of opening investigations,
extradition and the renunciation of jurisdiction. The study addresses the impact and
legal consequences resulting from these issues through highlighting the tribunal’s
position on these issues and questions.
