{"id":78159,"date":"2021-06-04T11:44:24","date_gmt":"2021-06-04T09:44:24","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=78159"},"modified":"2021-06-04T12:24:34","modified_gmt":"2021-06-04T10:24:34","slug":"inglorious-end-lebanon-tribunal","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/78159-inglorious-end-lebanon-tribunal.html","title":{"rendered":"The inglorious end of the Lebanon tribunal"},"content":{"rendered":"\n

On June 2, the Special Tribunal for Lebanon announced it would have to close by the end of July due to lack of funds. The next day it said all proceedings in a new trial due to open on June 16 were suspended. Lebanon is bankrupt and it\u2019s not paying its 49% share of the budget anymore. And international donors seem to have concluded that this court was not worth the billion dollars it has spent on it.<\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

Just as it was planning to start a second case, after over twelve years of work, the Special Tribunal for Lebanon (STL)<\/a> suddenly announced on June 2<\/a> that it is \u201cfacing an unprecedented financial crisis\u201d and will have to shut at the end of July this year. Uncertainty surrounds what will happen to its people, work and archives. But after so many years and a billion dollars<\/a>, it appears that this particular experiment in the international community\u2019s efforts at accountability via courtroom has bitten the dust in ignominious fashion.<\/p>\n\n\n\n

The shocking possible end of the STL is already attracting a variety of epitaphs. From Kevin Jon Heller, professor of International Law and Security at University of Copenhagen and Australian National University who says \u201cwe cannot be surprised, this is a tribunal that has literally accomplished almost nothing,\u201d to the former head of STL outreach Olga Kavran describing the closure as \u201can absolute travesty of justice,\u201d to defence counsel Natalie von Wistinghausen who says \u201cwe saw this disaster coming,\u201d <\/em>to the STL victims\u2019 representative Nidal Jurdi for whom \u201cthis is a slap in the face of international justice.\u201d<\/p>\n\n\n\n

Jurdi believes \u201cthis will encourage more assassinations and attacks to happen because the element of deterrence will be destroyed\u201d while Von Wistinghausen analyses that \u201cpriorities have shifted,\u201d that efforts to investigate hot spots such as Myanmar and Syria are in vogue, and that \u201cthe political will is no longer there\u201d among United Nations members to support the first ever international criminal tribunal to deal with terrorism.<\/p>\n\n\n\n

So does this snap closure show that justice and accountability can be switched on and off as the international community\u2019s fancy takes it? Or is the closure in fact an act of mercy, putting a failing institution out of its misery?<\/p>\n\n\n\n

\u201cThrowing the baby out with the bath water\u201d<\/h2>\n\n\n\n

The rumours had been circulating for many months. A number of STL employees were let go last year. The tribunal now says that it can\u2019t conclude the appeals proceeding in the one big case it was designed to address. This case, examining the car bomb that killed former Lebanese Prime Minister Rafik Hariri in 2005, saw three of the accused acquitted, and one Hezbollah member found guilty last year. It is currently on appeal. And on June 3 a Trial Chamber ordered<\/a> the cancellation of the commencement of a second trial due to start on June 16, and suspended all decisions on pending motions. But \u201cit would only take ten million to finish the second case,\u201d claims Jurdi \u2013 maybe rather optimistically. He says the investigations are already done, and the bulk of the casework is already out of the way. \u201cWe only need maximum one year to finish it, if not less. We can do it fast.\u201d <\/em>But even that now seems impossible. \u201cThe STL was the only serious step to unflesh truth, and to establish accountability in Lebanon\u201d, he argues, \u201cif we destroy the STL now, what is left for the poor Lebanese victims: nothing. It\u2019s as if you're throwing the baby out with the bath water.\u201d<\/p>\n\n\n\n

In filings, the STL registrar David Tolbert has outlined<\/a> steps taken behind the scenes. Beirut was always responsible, and in recent years increasingly reluctant, to provide the 49% of the annual budget it owed. And Lebanon is now bankrupt. In December 2020, the United Nations appealed urgently for funds, and then itself stumped up 15.5 million US dollars to cover some 75% of the Lebanese shortfall. But the other 51% of the budget comes voluntarily from other states. \u201cWhile certain donors have indicated their willingness to provide some funding\u201d wrote Tolbert, \u201cthat funding alone would be completely inadequate to continue the Tribunal's work beyond 31 July 2021.\u201d So he was forced this week to inform everyone. He had had \u201cto initiate draw down activities related to the protection of witnesses and securing the Tribunal\u2019s records, evidence and sensitive material\u201d - known in common parlance as \u2018pulling the plug\u2019.<\/p>\n\n\n\n

Insiders report that the STL Management Committee<\/a> \u2013 comprising representatives of Lebanon, the Netherlands, the United Kingdom (Chair), Canada (Vice-Chair), France, Germany, Italy, Japan, the United States and the European Union \u2013 were increasingly unwilling to continue put funding into a court that takes far too long and costs too much money. \u201cThey\u2019ve paid over the years; this year we haven\u2019t seen much in the way of contributions from the management committee,\u201d acknowledges Tolbert in an interview with Justice Info on June 3, without naming names. \u201cIt's a conscious, conscious decision,\u201d one insider with knowledge of the management committee discussions says. Under Covid-budgetary pressures, taking 1.5 years to write a judgement and keeping staff on full pay all the while, may have tipped the balance against the tribunals\u2019 continuance. \u00a0<\/p>\n\n\n\n

The STL\u2019s uphill battle<\/h2>\n\n\n\n

Since the beginning of its activities, following four years of well-resourced international investigations, the STL has produced one judgement of some two thousand six hundred forty-one pages. It was \u201ca mega, mega, mega case\u201d argues Jurdi. Around 300 witnesses were heard in court and 170,000 pages of evidence introduced. That only one individual of mid-level responsibility was found guilty is due to the \u201cvery high\u201d threshold for conviction in international criminal trials, says Kavran. She stresses that the judges made it very explicit and clear in their judgement that <\/em>\u201cthis was not the work of one man\u201d, but rather of a group. That message has not gotten through in Lebanon though, says Aya Majzoub who works on Lebanon for NGO Human Rights Watch: \u201cPeople think, well, this took years and years and years, we spent so much money on this tribunal and at the end, it's convicted one member of Hezbollah<\/a> and not the entire Hezbollah.\u201d Kavran points out that the judgement gives details of the extensive criminal network needed to commit the attack. Heller, though, believes \u201ca billion dollars is very expensive for what amounts to essentially a history lesson.\u201d<\/p>\n\n\n\n

The meagre result \u201c<\/em>really created this disillusionment with justice, both national justice and international justice. And it's just made people resigned to the fact that there will never be justice,\u201d says Majzoub. \u201cPeople had outsized expectations of what this court could accomplish, and it was used by supporters of Hariri and by opposition to Hariri, both for their own political ends, without really relying on facts. As time went on, it became just another political tool and the justice part of it, I think, got lost.\u201d Kavran would have wanted people to hear that \u201call of Lebanon are the victims, because as the judges found in the judgement, this was not intended only to assassinate Hariri, it was intended to destabilise the country\u201d. <\/em>But explaining the STL \u201cin a country that really has not much reason to have confidence in the international community was always going to be an uphill battle,\u201d she notes.<\/p>\n\n\n\n

The tribunal was just about to embark on a new case<\/a>. Three car bombings, known as the \u2018connected cases\u2019 under the court\u2019s statute, because they are alleged to have involved the same principals as the Hariri bombing. This new case was \u201c<\/em>building on lots of investigative steps that were already conducted by the first trial,\u201d claims Jurdi. There was no need for further investigations, just litigation and \u201cwe had everything to move fast\u201d. This new trial would have helped rather than hindered the court\u2019s impact, says Kavran. \u201cI would argue that the narrative will be very different if we're looking at one seemingly isolated assassination of a high-profile figure or if we're looking at a series of assassinations of high-profile figures.\u201d The lack of funding is \u201ca free gift for those who do not want accountability\u201d in Lebanon Jurdi says. <\/p>\n\n\n\n

Majzoub agrees that \u201cwhat we find is that usually the [national] judiciary almost always shows bias in favour of the powerful interests in the country, whether religious, political or even financial interests.\u201d There are strong citizens\u2019 movements to counter impunity within Lebanon itself, she says, but \u201cmany people see the justice system in Lebanon as just an extension of the corrupt sectarian system that we have.\u201d<\/em><\/p>\n\n\n\n

Shutting down<\/h2>\n\n\n\n

It\u2019s still a bit of a puzzle as to how exactly the tribunal actually be shut. David Tolbert says the statute provides for him to write to the UN Secretary General to inform him of the funding issue and that the closure will come via the Secretary General too. \u201cThere\u2019s been a fair amount of planning,\u201d he assures, although he stresses there would not be exactly the same kind of residual mechanism as have been established for the former UN tribunals for the former Yugoslavia, Rwanda, and Sierra Leone. And meanwhile they are still putting forward proposals in the hopes that funding may emerge. \u201cBut we have had no luck in getting a response\u201d so far, Tolbert says, and so everything is \u201con hold\u201d. Could the cases be revived, if mothballed? Von Wistinghausen believes that\u2019s \u201c<\/em>unrealistic\u201d although, technically, it may be possible. The hurt and anger is palpable from those who believed in this court\u2019s mission. Tolbert says that of course his first concern is staff and people in Lebanon. But the lack of funding for the STL \u201cwill have an effect on the whole architecture of what we have been trying to do over the last thirty years\u2026that\u2019s the largest concern that haunts me,\u201d he says. \u201cWhat message does that send to victims around the world who are still waiting for justice? Because this tribunal doesn't exist in a vacuum or in isolation,\u201d asks Kavran.<\/p>\n\n\n\n

Beyond the rhetoric though Heller keeps circling back to the tribunal meagre achievements: \u201cThis is the tribunal that should never has existed,\u201d he says. \u201cWe\u2019ve spent a billion dollars on a tribunal which has convicted one person in absentia and whose only final convictions is that of a media company and a journalist [for contempt of court]. Is it really that shocking that the spigot might be turned off, even in the middle of proceedings?\u201d<\/p>\n\n\n

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Recommended reading<\/div>\r\n\t\t\t
\"\"<\/div><\/a>\r\n\t\t\t\r\n\t\t\tSpecial Tribunal for Lebanon: Billion dollar trial\r\n\t\t<\/a>\r\n\t\t\r\n\t\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"

On June 2, the Special Tribunal for Lebanon announced it would have to close by the end of July due to lack of funds. The next day it said all proceedings in a new trial due to open on June 16 were suspended. Lebanon is bankrupt and it\u2019s not paying its 49% share of the […]<\/p>\n","protected":false},"author":79,"featured_media":78155,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[565],"tags":[2887],"ji_location":[2313],"class_list":["post-78159","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mixed-tribunals","tag-special-tribunal-for-lebanon","ji_location-lebanon"],"acf":[],"yoast_head":"\nThe inglorious end of the Lebanon tribunal - JusticeInfo.net<\/title>\n<meta name=\"description\" content=\"On June 2, the Special Tribunal for Lebanon announced it would have to close by the end of July due to lack of funds. 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The next day it said all proceedings in a new trial due to open on June 16 were suspended. Lebanon is bankrupt and it\u2019s not paying its 49% share of the budget anymore. And international donors seem to have concluded that this court was not worth the billion dollars it has spent on it.","breadcrumb":{"@id":"https:\/\/www.justiceinfo.net\/en\/78159-inglorious-end-lebanon-tribunal.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.justiceinfo.net\/en\/78159-inglorious-end-lebanon-tribunal.html"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.justiceinfo.net\/en\/78159-inglorious-end-lebanon-tribunal.html#primaryimage","url":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Special-Tribunal-for-Lebanon_building_@STL.jpg","contentUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Special-Tribunal-for-Lebanon_building_@STL.jpg","width":1200,"height":784,"caption":"On June 2, the Tribunal for Lebanon announced that it was suspending its proceedings due to lack of funding. It could close at the end of July. \u00a9 Special Tribunal for Lebanon"},{"@type":"BreadcrumbList","@id":"https:\/\/www.justiceinfo.net\/en\/78159-inglorious-end-lebanon-tribunal.html#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.justiceinfo.net\/en"},{"@type":"ListItem","position":2,"name":"The inglorious end of the Lebanon tribunal"}]},{"@type":"WebSite","@id":"https:\/\/www.justiceinfo.net\/en\/#website","url":"https:\/\/www.justiceinfo.net\/en\/","name":"JusticeInfo.net","description":"For justice to be done, it must be seen","publisher":{"@id":"https:\/\/www.justiceinfo.net\/en\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.justiceinfo.net\/en\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.justiceinfo.net\/en\/#organization","name":"Justice Info","url":"https:\/\/www.justiceinfo.net\/en\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.justiceinfo.net\/en\/#\/schema\/logo\/image\/","url":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/justiceinfo_logo-trans_1200x1200px.png","contentUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/justiceinfo_logo-trans_1200x1200px.png","width":1199,"height":1200,"caption":"Justice Info"},"image":{"@id":"https:\/\/www.justiceinfo.net\/en\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/JusticeInfo\/","https:\/\/x.com\/justiceinfonet","https:\/\/www.linkedin.com\/company\/justice-info","https:\/\/www.youtube.com\/channel\/UCyCEsARodyuWtkWyhn-e7pA"]},{"@type":"Person","name":"Janet H Anderson","sameAs":["https:\/\/x.com\/janethanderson"],"url":"https:\/\/www.justiceinfo.net\/en\/auteur\/janderson"}]}},"_links":{"self":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts\/78159","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/users\/79"}],"replies":[{"embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/comments?post=78159"}],"version-history":[{"count":4,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts\/78159\/revisions"}],"predecessor-version":[{"id":78167,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts\/78159\/revisions\/78167"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/media\/78155"}],"wp:attachment":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/media?parent=78159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/categories?post=78159"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/tags?post=78159"},{"taxonomy":"ji_location","embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/ji_location?post=78159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}