STL Defense 2nd Bid to Declare Tribunal Illegal, Argues Lebanon didn't Sign Establishment Decision
The Special Tribunal for Lebanon's Appeals Chamber kicked off on Monday a second open hearing to hear the appeal against the decision on the jurisdiction and the legality of the Tribunal.
The Trial Chamber dismissed on July 27 the four Defense motions challenging the jurisdiction and legality of the Tribunal.
Suspect Mustafa Badreddine's lead counsel Antoine Korkmaz said that Lebanon failed to sign on the decision to establish the Tribunal.
He noted that the legality of establishing the Tribunal is linked to its jurisdiction.
The Hizbullah members, accused of being involved in the February 2005 attack that killed former Premier Rafik Hariri, Salim Ayyash, Badreddine, Hussein Oneissi and Assad Sabra remain at large.
Korkomaz argued that the U.N. Security Council has no legal power to establish the STL, thus it abused its powers when it adopted resolution 1757 in 2005.
He insisted that Lebanese justice should try the four suspects rather than the Netherlands-based Special Tribunal for Lebanon.
The assassination of “Hariri could not in any sense be considered to pose a threat to international peace and security,” he said.
However, STL Vice President Lebanese Judge Ralf Riachi pointed out that the Tribunal has continuously announced that it has no jurisdiction in monitoring the decisions taken by the U.N. Security Council.
Korkomaz considered in his argument that the 2005 attack is considered a “political assassination” and not an “international crime,” noting that the decision to establish the STL was approved by only 10 members at the Security Council.
"Terrorism is not an international crime for which you can set up an international criminal tribunal," he said, noting that no special tribunal was set up to try those behind the September 11, 2001 attacks in the U.S.
The STL announced in July that the trial would provisionally start on March 25 next year.
Hizbullah chief Sayyed Hassan Nasrallah has said he doubted the four indictees will ever be found and has branded the tribunal a U.S.-Israeli conspiracy aimed at bringing down the party.
Ayyash and Badreddine face five charges including that of "committing a terrorist act by means of an explosive device" and homicide, while Oneissi and Sabra faced charges of conspiring to commit the same acts.
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