Falling between the Cracks: The Special Tribunal for Lebanon's Jurisdictional Gaps as Obtacles to Achieving Justice and Public Legitmacy

Journal of International Law and Policy, University of California, Davis, Spring 2011, Vol. 17, No. 2.

UC Davis Legal Studies Research Paper

Posted: 13 Sep 2012

See all articles by Nidal Nabil Jurdi

Nidal Nabil Jurdi

American University of Beirut; McGill University

Date Written: May 1, 2011

Abstract

The entry into force of the Special Tribunal for Lebanon has been the first serious effort for accountability and ending impunity for political assassinations in Lebanon’s modern history. Nevertheless, the past experiences of United Nations International Independent Investigation Commission and recently the STL have revealed challenges and lacunae in their investigative process. This includes, inter alia, a complex and ambiguous relation between UNIIIC’s activities and the STL, the failure of the Tribunal in preventing successive leaks of confidential documents and witnesses interviews, and weak outreach to the public over false testimonies before UNIIIC. This article argues that while the STL’s role remains crucial for ending impunity for the first time in such a torn society, the STL as an international (ad hoc) tribunal is not well equipped to deal with all unpredicted variables in law and policy. The STL Statute is silent on these complex variables, while the recent amendments of the Rules of Procedure and Evidence fall short to tackle these lacunae as they apply prospectively and not retroactivity. The nascent jurisprudence of the Tribunal succeeded in asserting jurisdiction over the Application of one individual affected by false testimonies before UNIIIC, however it relied on the inherent jurisdiction of the Tribunal without delving into the legal relation between UNIIIC’s activities and the STL. This has been unfortunate, as the STL’s jurisprudence until the time of writing of this article has not been able to contribute for overcoming some of these shortages and lacunae. To overcome these hurdles and to regain trust in the STL, the Tribunal is called upon to take a series of administrative and legislative measures of which the public should be informed and not alienated, as justice is not only about doing it, but also about the perception of doing justice. The article concludes by urging the STL to correct the existing errors hand in hand with continuously trying to achieve justice and accountability for all offences and misconducts, including its own.

Keywords: Special Tribunal for Lebanon, UNIIIC, Rules of Procedure and Evidence

Suggested Citation

Jurdi, Nidal Nabil and Jurdi, Nidal Nabil, Falling between the Cracks: The Special Tribunal for Lebanon's Jurisdictional Gaps as Obtacles to Achieving Justice and Public Legitmacy (May 1, 2011). Journal of International Law and Policy, University of California, Davis, Spring 2011, Vol. 17, No. 2., UC Davis Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2145321

Nidal Nabil Jurdi (Contact Author)

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

American University of Beirut ( email )

Beirut, 0236
Lebanon

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