War Crimes

The United Nations said Monday it had completed the panel of judges slated to oversee the prosecution of the formal investigation into the assassination of former Lebanese Prime Minister Rafik Hariri, over three years after his Feb. 14, 2005 killing.

The U.N. Undersecretary for Legal Affairs Nicolas Michel said the panel consisted of 11 judges, with four Lebanese judges sitting on the panel. Michel noted the drafts outlining the procedural rules were completed and stressed the court would “have teeth” – or the power to issue arrest warrants for suspects.

Michel noted that many involved in the plot possibly lived outside of Lebanon and urged the international community to practice solidarity with the tribunal so it “would not remain helpless and inactive.”

A U.N. commission said Friday that a “criminal network” was behind the plot to assassinate Hariri and that it was connected with other acts of political violence in Lebanon, though it moved away from implicating Syrian interests in the plot.

It took over three years just to sit a panel of judges on this one. With Lebanon stepping every closer to the political turmoil that brought the country to a decades-long civil war, the international community, and the investigatory panel, need to open the door on the complex web that is the Lebanese confessional system once and for all.

The Lebanese Daily Star

War crimes trial of former top Croatian generals begins at U.N. tribunal

11 March 2008 – The trial of three former senior Croatian generals accused of murdering, persecuting and displacing ethnic Serbs during the Balkan conflicts of the 1990s got under way at a United Nations war crimes tribunal today. Ante Gotovina, Ivan Cermak and Mladen Markac have pleaded not guilty before the International Criminal Tribunal for the former Yugoslavia (ICTY) to charges of war crimes and crimes against humanity related to ‘Operation Storm,’ a 1995 military offensive in the Krajina region of Croatia.

Prosecutors accuse the three men of being key members of a joint criminal enterprise – along with four other men, including the former president of Croatia, Franjo Tudjman, who have since died – to forcibly and permanently remove ethnic Serbs from the Krajina region.

The indictment states that the men, or the forces under their command, murdered at least 37 Serbs, persecuted many others and plundered their property, and failed to prevent the crimes or take action against subordinates.

The joint trial, being held in The Hague in the Netherlands, is expected to take more than a year.

Ban Ki-moon names top official for Lebanon tribunal 

11 March 2008 – A veteran of numerous international court proceedings has been appointed by United Nations Secretary-General Ban Ki-moon as the Registrar of the tribunal being set up to try those responsible for political killings in Lebanon, particularly the 2005 attack that killed former prime minister Rafiq Hariri. Robin Vincent of the United Kingdom will start his duties on the Special Tribunal for Lebanon at a date yet to be determined, but “the appointment of the Registrar reflects the steady progress being accomplished in establishing the Special Tribunal for Lebanon,” according to a statement issued by Mr. Ban’s spokesperson.

From 2002 to 2005, Mr. Vincent served as Registrar of the Special Court for Sierra Leone (SCSL). Since then, he has served as the temporary Deputy Registrar of the International Criminal Tribunal for the former Yugoslavia (ICTY) and has advised on the establishment of other international tribunals, including the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Special Tribunal for Lebanon.

The Security Council set up the International Independent Investigation Commission (IIIC) in April 2005 after an earlier UN mission found that Lebanon’s own inquiry into the Hariri assassination was seriously flawed and that Syria was primarily responsible for the political tensions that preceded the attack. Mr. Hariri died in a massive car bombing in Beirut in February 2005 that also took the lives of 22 others

The Lebanese prime minister requested assistance from the United Nations with the investigation into the assassination of a leading general. Prime Minister Fuad Saniora issued a request to U.N. Secretary-General Ban Ki-moon for technical assistance into the death of Brig. Gen. Francois Hajj, who was slated for the next head of the Lebanese army. The United Nations is currently investigating the assassination of former Prime Minister Rafik al-Hariri and 18 other allegedly politically motivated assassinations and bombings.

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The chief investigator for the U.N. commission investigating the assassination of former Lebanese Prime Minister Rafik Hariri said the inquiry is developing new leads and “persons of interest.” Serge Brammertz, the Belgian prosecutor charged with investigating the assassination, issued his final report to the U.N. Security Council stating the investigation has produced new information.

“The commission has also deepened and broadened its understanding of the possible involvement of a number of persons of interest, including persons who have recently been identified by the commission, who may have been involved in some aspects of the preparation and commission of the crime or who may have known that a plan to carry out the crime was being prepared,” Brammertz said. (more…)

A report by the New York based Human Rights Watch states that Israel conducted indiscriminate air raids against Lebanese civilians during the July War with the military wing of Hezbollah. The report alleges that Israel acted with “reckless indifference” regarding the fate of civilians and questioned Israel’s argument that Hezbollah was using civilians as human shields. The five month study said it could find no evidence that human shields were employed by the Shi’ite guerrilla movement, but also noted that Hezbollah “indiscriminately and at times deliberately” targeted Israeli civilians.

The 249 page report, entitled “Why They Died: Civilian Casualties in Lebanon during the 2006 War”, noted that Israel failed to make distinctions between military and civilian targets, often targeting Hezbollah’s social welfare and political interests. The report also notes that Israel did not distinguish between Hezbollah guerilla’s and civilians fleeing combat;

“Hezbollah fighters often didn’t carry their weapons in the open or regularly wear uniforms, which made them a hard target to identify. But that doesn’t justify the Israel Defense Force’s failure to distinguish between civilians and combatants, and if in doubt to treat a person as a civlian, as the laws of war require.”

Israel has countered that it was indeed acting within the standards of military conduct. Mark Regev, Israel’s Foreign Minister, stated Israel had acted accordingly, citing a CNN interview with a U.N. relief coordinator, Jan Egeland, who stated that Hezbollah guerrilla’s were “shielding themselves close to U.N. posts and close to the civilian population.” “Hezbollah had a clear pattern of behavior where it embedded itself among the Lebanese civilian population and exploited it as human shields,” Regev stated. Mr. Regev also noted that Israel had issued several warnings to citizens in southern Lebanon to evacuate the area, however, Human Rights Watch officials countered that “issuing warnings doesn’t make indiscriminate attacks lawful.”

On July 12, 2006, Hezbollah launched rocket attacks on Israeli targets, including Israeli border patrols. Hezbollah attacks killed three Israeli soldiers and captured two others. Israel responded with massive force against a wide range of targets in southern Lebanon, as well as bombing the runway of Beirut’s Rafik Hariri International Airport. Hezbollah responsed with Katyusha rocket attacks against civilian targets in Israel. After a U.N. brokered ceasefire, both sides were officially criticized for their actions during the conflict.

More than 1,000 Lebanese civilians were killed during the conflict, in addition to 119 Israeli soldiers and 40 Israeli civilians.

BBC/Reuters

The Dutch prime minister, Jan Peter Balkenende, sent a letter to the United Nations Secretary General Ban Ki-moon “informing him that the government of the Netherlands is favorably disposed to hosting the Special Tribunal for Lebanon.”  The United Nations narrowly passed a resolution to establish an international tribunal to investigate the assassination of former Lebanese prime minister, Rafik Hariri, and 17 other cases.  The U.N. resolution comes after Lebanon was unable to act independently, thereby agreeing to establishing the special tribunal outside the country.  The Dutch foreign minister stated that the Netherlands will host the tribunal on the condition that convicted defendants serve their sentences in another country.   Dutch officials have also requested assurances of the tribunal’s funding.

In February, 2005, a suicide bombing killed Rafik Hariri and 22 others in Beirut.  Hariri had opposed Syrian intervention in Lebanon and his murder sparked protests against Syria.  As a result, Syrian troops were coerced into terminating its 29-year presence in Lebanon.  The Hariri assassination also stoked divisions in the Lebanese government.  Violent conflicts have erupted between the Western-backed government of Prime Minister Fuad Saniora and the opposition led by pro-Syrian Hezbollah.

U.N. investigators have identified a number of suspects who either took part in or knew of the plot against Hariri.   Serge Brammertz, the Belgian prosecutor for the United Nations, did not issue the names of any suspects in his latest report to the Security Council, though he did express concerns that recent civil conflicts in Lebanon may inhibit his investigation.  Brammertz’s predecessor, Detlev Mehlis, strongly implied in his investigations that Syrian and Lebanese intelligence officers were complicit in the Hariri assassination.  Syria has denied any involvement.

The Netherlands hosts the international communities highest judicial bodies, including the International Criminal Court and the International Court of Justice.  It also hosts the war crimes tribunal for the former Yugoslavia and the current trial for Charles Taylor, the former Liberian president.

The United Nations has also proposed the extension of the mandate for the United Nations Interim Force in Lebanon (UNIFIL), a 13,600 strong peacekeeping force.  The formulation of the Special Tribunal is expected to take roughly a year.

AP/Reuters

Serge Brammertz, the Belgian prosecutor heading the UN investigation into political murders in Lebanon, released new information to the UN in his eighth report last week.  Focusing on the assassination of former Lebanese prime minister, Rafik Hariri, the report highlights the role of 22 individuals, cell phones used to track his movements, and possible motives surrounding Hariri’s role in Security Council resolutions regarding Lebanese-Syrian relations.

The new report highlights the planning and execution of the murder, notably the origins of the van used in the murder, as well as SIM cards and other cell phone accessories.  The report did not reach any conclusions about the suicide bomber involved in the murder, and has made no further accusations of Syrian involvement.

Brammertz also indicated that the ongoing conflicts in Lebanon are having “several negative effects” on his investigation.  A year after the military wing of Hezbollah engaged the Israeli Defense Forces, the influence of the Islamist group is overshadowing much of the political landscape in Lebanon.   Though not implicated in the Hariri plot, Hezbollah is widely influential in any progress in the region.

In other news, members of the UN peacekeeping force, UNIFIL, hit a roadside bomb while patrolling southern Lebanon.  No casualties were reported.

Reuters/BBC

The United Nations Security Council approved an international independent investigation into the assassination of Walid Eido, an anti-Syrian lawmaker, in Lebanon.  Lebanese Prime Minister Fuad Siniora requested the UN’s International Independent Investigation Commission (UNIIIC) to assist Lebanese officials into the investigation of Eido’s murder.  Security Council President, Ambassador Johan C. Verbeke of Belgium, stated in a letter to Council members that the UNIIIC would “extend appropriate technical assistance to the Lebanese authorities in the investigation.”

The UNIIIC was established in April 2005 to investigate the murder of former Lebanese Prime Minister, Rafik al-Hariri.  Earlier this month, UN Secretary-General, Ban ki-Moon, announced procedures had begun to initiate a special tribunal to try suspects in al-Hariri’s assassination.  Mr. Eido, who was killed along with his son, two bodyguards, and six bysanders, was a close friend of al-Hariri.

A UN team was sent to Lebanon last week to investigate the bomb site left from Eido’s assassination.  The UNIIIC chief investigator, Belgian prosecutor Serge Brammertz, has been in Lebanon examining the details of al-Hariri’s murder and providing technical assistance to authorities in 16 other cases, including the assassination of Lebanese Cabinet minister, Pierre Gemayel.

Mr. Brammertz recently resigned his post as deputy prosecutor of the International Criminal Court.  He was widely expected to succeed Carla del Ponte, chief prosecutor of the UN war crimes tribunal for the International Criminal Tribunal for the former Yugoslavia.  Mr. Ban’s recent extension of the UNIIIC and the term of Mr. Brammertz presumably excludes that appointment, however.

The special tribunal to investigate the al-Hariri assassination was enacted on June 10th pursuant to Security Council Resolution 1757.  

Reuters/AP/UN News Agency

The United Nations Security Council is to vote on the creation of an international tribunal to prosecute individuals suspected of involvement in the assassination of the former Lebanese prime minister, Rafik al-Hariri. The US, France, and Britain expect to get the 9 votes needed to pass the resolution despite apprehension by Russia and China, who are expected to abstain from the vote. The draft resolution gives Lebanon a June 10 deadline to ratify UN statutes and create a domestic tribunal.

The UN was petitioned by the Lebanese government in the face of sectarian conflict between pro-Syrian and pro-Lebanese factions. The Lebanese prime minister, Fuad Saniora, requested UN assistance due to the refusal of the Parliament Speaker Nabih Berri to assemble parliament to investigate the Hariri assassination. Syria has been implicated in the assassination and its allies, including Hezbollah, are opposing the resolution, which they see as meddlesome to Lebanese sovereignty.

Lebanese sovereignty also remains a contentious issue among UN member states. Russia and South Africa have expressed reservations regarding what they see as Security Council intervention into Lebanese affairs. Russia, China, South Africa, Indonesia and Qatar are expected to abstain from the vote at the UN today, still leaving a majority in favor of the resolution. Pro-Syrian factions in Lebanon have also warned that the invocation of the UN tribunal will result in an escalation of the violence that has plagued Lebanon recently.

Also of concern is the Chapter VII reference of the resolution. A UN resolution with a Chapter VII reference backs the use of force as an enforcement measure. According to the Russia’s UN ambassador, Vitaly Churkin, “We do not believe that we should use Chapter 7 in situations where we do not absolutely have to do that, and we believe this is not that kind of a case.” The US, however, argues that only a Chapter VII resolution is legally enforceable. A Chapter VIII resolution was used to justify the invasion of Iraq in 2003.

Lebanon has been embroiled in conflict once again. Militants from Fatah al-Islam have been battling Lebanese forces in a Palestinian refugee camp near Tripoli. The conflict is seen as an attempt to rally opposition in Lebanon against the tribunal. Lebanese forces raided Fatah al-Islam interests after a series of bank robberies and have recently arrested key figures of the organization, as well as confiscating forged passports.

Lebanon has been entangled in civil conflict for decades, with a brief reprieve following the end of the civil war there in 1990. International tribunals may reflect a desire for national reconciliation, which Lebanon may not be ready to face.

Update; BBC News: The UN Security Council has approved the creation of an international court to try suspects in the murder of former Lebanese Prime Minister Rafik Hariri.  The resolution was adopted by 10 votes to zero, with five abstentions from Russia, China, South Africa, Indonesia and Qatar.

BBC News/Reuters/AP

The US Ambassador to the United Nations, Zalmay Khalilzad, is pressing for a vote on the establishment of a special tribunal to investigate the assassination of former Lebanese prime minister, Rafik al-Hariri. The current Lebanese prime minister, Fouad Siniora, formally requested the establishment of the tribunal on May 14. The draft resolution circulated by Britain, France, and the United States, only establishes the UN court; it does not detail operational procedures.

France, the former colonial overseer of Lebanon, also vowed its continued support for the Security Council resolution, and the Lebanese government itself. The new French foreign minister, Bernard Kouchner, was in Beirut on Thursday to pledge further support to the embattled Lebanese government amidst escalating violence there. France has contributed 1,700 troops to the UN peacekeeping force in Lebanon and recently pledged $670 million in aid.

Approval for the tribunal is stalled in the Lebanese parliament, however. Parliament Speaker Nabih Berri has been accused of blocking the tribunal by refusing to convene the national assembly. The speaker is accused by the Lebanese ruling coalition of associating with Syrian interests, who are opposed to tribunal. Lebanese officials have also expressed concern that the establishment of the tribunal will only fuel the already tense conflicts there. The Lebanese army is currently battling militants from Fatah al-Islam, who are based in the Palestinian refugee camp near Tripoli.

UN member states have also expressed reservations over the tribunal. Veto wielding members, Russia and China, have shown reluctance to sign onto the draft resolution, which is expected to come to a vote early next week. Some temporary members have reservations as well, including Panama, South America, and Indonesia. Hesitations are largely centered around fears of aggravating violence in Lebanon. Khalilzad, however, has expressed confidence, stating his awareness of reservations, but observing that failure to establish the special court may result in “further political assassinations, deadlock.”

The current conflict in Lebanon is seen as the countries most violent internal escalation since the countries 25-year civil war, which ended in 1990. Lebanese forces and members of Fatah al-Islam have been battling since a police raid regarding suspected bank robbers from the militant group.

Rafik al-Hariri was assassinated on February 14, 2005 by a large explosion detonated as his motorcade passed the St. George Hotel in the Lebanese capital, Beirut. The explosion killed 22 others.

Reuters/AP/IHT