I lost my brother in the Beirut port explosion. Where is the justice?

Getty/Nick Donaldson

The people of Lebanon are marking five years since the Beirut port explosion of August 4, 2020 – a blast that has been described as one of the largest non-nuclear explosions in history. The detonation pulverised the port, ruined vast sections of the city and was felt as far away as Cyprus. It also claimed the lives of more than 220 people, injured more than 7,000 more and left more than 300,000 homeless.

The horror of that day is beyond words – the force of the explosion, the shattered city and the wounded and the dead scattered across and beyond the port. But even that devastation pales in comparison to the nightmare of searching through hospitals the evening of the blast for my brother, who worked at a private company operating inside the port.

We searched all night, hospital after hospital, and returned home around 5am, devastated and empty-handed. None of us could sleep. At dawn, we resumed the search, until we eventually found him in the morgue at Rafik Hariri University Hospital. We were forced to bury him without even a final goodbye. Not seeing his face one last time is a pain that words cannot describe.

Beirut blast: How warnings were ignored before 2020 explosion

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The explosion resulted from the detonation of 2,750 tonnes of ammonium nitrate, with a nitrogen grade of 33.5 per cent. This had been stocked illegally under the supervision of high-level security officials, and with the full knowledge of five different security agencies, despite the danger it posed and in violation of Lebanese law. This clearly suggests a deep level of corruption.

It is difficult to assign liability with certainty at this stage. But, in breaking the relevant laws and regulations, a crime was certainly committed. Therefore, legal responsibility must be established for all those implicated in the events that led to the explosion.

If these people had done their duty, the storm resulting from the nitrate explosion would not have swept through the city

Although the investigation into this crime has faced many challenges and obstructions, Judge Tarek Bitar, who took over in early 2021 after his predecessor Fadi Sawan was dismissed, is perseverant.

Since his appointment, he has been the target of several baseless complaints demanding his recusal from the investigation. Judges examining the recusal lawsuits have, in turn, been confronted by recusal lawsuits themselves. This is in addition to claims against the state of purported gross misconduct by investigating judges. The number of such complaints, intended to derail the investigation, has potentially reached more than 40 so far.

Several politicians and their allies have used all sort of tactics to hinder the investigation. These have included running campaigns to undermine the probe and daily attempts to discredit judges and generally escape accountability. All these actions and obstructions reflect a pattern in Lebanon, in which political officials and influential figures have grown accustomed to impunity and the absence of legal scrutiny.

The political war over Judge Bitar’s probe has also produced threats against him personally and violence on the streets. Hezbollah, the Iran-backed party and militant group, together with Amal – a political ally led by Parliament Speaker Nabih Berri – has allegedly been trying to push the judge out since his appointment.

However, the investigator’s determination to move the case forward led to the issuance of a legal analysis on January 25, 2023. This, Judge Bitar stated, gave him the authority to resume his work on the Beirut port explosion case. He had been suspended from the investigation since December 23, 2021, amid legal disputes and intense political pressure. Upon resuming his duties, Judge Bitar brought charges against several senior officials, including Lebanon’s top public prosecutor, Ghassan Oweidat.

In response, Mr Oweidat reversed his prior recusal – a move widely regarded by experts as lacking legal basis or unlawful – and charged Judge Bitar with “usurping power”, summoning him for questioning. He also imposed a travel ban on Judge Bitar and ordered the release of all 17 detainees connected to the blast, leaving one of the largest non-nuclear explosions in history without a single suspect in custody.

Under Lebanese law, the authority to decide on the release or continued detention of individuals lies with the investigating judge, not the public prosecutor. In this case, it appears that the Prosecutor General, whose role is to represent the public interest, may have acted beyond his legal powers, potentially committing serious procedural and legal violations, in addition to the charges he already faces in connection with the explosion.

Mr Oweidat did not stop at these violations. He went further by issuing an order to the judicial police and the Public Prosecution Office instructing them not to co-operate with Judge Bitar – a move many legal experts have described as lacking legal basis and potentially obstructing justice.

However, despite all this, Judge Bitar resumed interrogations on February 10 this year, questioning the remaining defendants, including former prime minister Hassan Diab, politicians, judges and senior security officials. He completed all interrogations and chose to withhold decisions on individuals until a full indictment was issued.

The newly appointed public prosecutor, Judge Jamal Hajjar, also reversed the directive previously issued by the defendant, Mr Oweidat, restoring co-operation between the investigative judge and the Public Prosecution Office.

As of July 21, Judge Bitar has completed all his questioning and is now awaiting responses to several judicial requests that were sent abroad.

The port explosion was a turning point in the lives of the Lebanese people, with many families emigrating after that date, especially after witnessing how the country’s political class handled the investigation with disregard for justice and open threats to the judiciary. Many also lost hope of uncovering the truth, as the Lebanese grew accustomed to a prevailing culture of impunity.

However, the situation is different for the victims' families. They do not cling to the word "hope" because the justice they are demanding is a victim’s right, not an aspiration.

Lebanon’s new government and new president have pledged, within the powers granted to them by the constitution, to do everything necessary to ensure justice is done in the port case. However, the people are waiting for truth and accountability. Victims’ families and their supporters are also ready to resume protests if the investigation is not completed and an indictment is not issued.

The investigation into the Beirut port explosion, despite major delays caused by political obstruction, Hezbollah and the defendants will, I am sure, lead to the truth. Every official or civilian who was required to preserve the security of the citizens and did not do so, will be held accountable. If these people had done their duty, the storm resulting from the nitrate explosion would not have swept through the city, destroyed homes and roads, and killed people in this catastrophic way.