Hariri tribunal debates definitions and legal issues at its first session

Judges investigating killing of Lebanese prime minister Rafiq Hariri asked to answer questions on definitions of terrorism, conspiracy and homicide and other legal issues such as criminal responsibility before making decision on arrest warrants.
The prosecutor, Daniel Bellemare, at the Lebanon tribunal yesterday.
The prosecutor, Daniel Bellemare, at the Lebanon tribunal yesterday.
LEIDSCHENDAM //The UN-backed Lebanon tribunal opened its first session in The Netherlands yesterday trying to settle legal points before it can issue arrest warrants in the assassination of the Lebanese prime minister Rafiq Hariri.

The hearing took place against the backdrop of a political crisis in Lebanon, where the militant Shiite Hizbollah movement and its allies toppled the government of Hariri's son, Saad Hariri, over his refusal to cut links with the tribunal.

The presiding judge, Antonio Cassese, said: "This hearing signals an important moment for the life of the Special Tribunal for Lebanon," adding that this was the start of proceedings for the court, which has faced repeated criticism over its mandate.

The Lebanon tribunal is the first international court with jurisdiction over the crime of terrorism, but is grappling with how to apply Lebanese and international law before including a terrorism charge in potential arrest warrants.

It was set up to try those accused over the bombing in 2005 that killed Hariri and 22 others. The prosecutor, Daniel Bellemare, sent a still-sealed indictment on January 17 to the pre-trial judge, Daniel Fransen.

The indictment is expected to accuse Hizbollah members of involvement in the killing, but Hizbollah denies any involvement and has warned anyone against taking action against its members.

Mr Fransen has posed to court judges 15 questions dealing with definitions of terrorism, conspiracy and homicide and other legal issues such as criminal responsibility and multiple charges, before making a decision on any arrest warrants.

Experience at the International Criminal Tribunal for the former Yugoslavia has shown the difficulty in linking crimes to leaders, giving importance to an agreement on how to apply notions of a conspiracy and a "joint criminal enterprise".

The prosecutor, Daniel Bellemare, also said there were no gaps in Lebanese law on terrorism, and there was no need for political intent to be involved for a crime to be defined as terrorism.

Alia Aoun, the deputy head of the defence office, urged against agreeing firm definitions, saying this would prematurely impose them on trial judges, limiting the rights of the accused.

The court is expected to make a ruling within a couple of weeks.

Published: February 8, 2011 04:00 AM

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