Printer Friendly
The Free Library
23,375,127 articles and books


Tipping the scale: is the Special Tribunal for Lebanon international enough to override state official immunity?

The political environment in Lebanon is one plagued with a tumultuous history of violence and power struggles. This turmoil climaxed on February 14, 2005, when the former Lebanese Prime Minister, Rafiq Hariri, was assassinated in a terrorist attack. The Special Tribunal for Lebanon The Special Tribunal for Lebanon is an international criminal court that was established by the United Nations Security Council on May 30, 2007. [1]

The tribunal is mandated to try those suspected of assassinating former Lebanese Prime Minister Rafik Hariri, who
 was subsequently created by the U.N. Security Council to try those responsible for Hariri's assassination Assassination
See also Murder.

assassins

Fanatical Moslem sect that smoked hashish and murdered Crusaders (11th—12th centuries). [Islamic Hist.: Brewer Note-Book, 52]

Brutus

conspirator and assassin of Julius Caesar. [Br.
. Previous international U.N.-created tribunals have successfully eliminated head of state immunity The rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts.  protections of the accused. However, the Special Tribunal for Lebanon's unique characteristics prompt a weighty legal question, one who's positive answer is vital for the Tribunal's existence, especially if it is found that those responsible for the attack appear to be high-ranking state officials: Is the Special Tribunal for Lebanon "international" enough to eliminate head of state immunity claims?
I.   INTRODUCTION

II.  THE BACKGROUND AND LEGAL HISTORY OF THE SPECIAL TRIBUNAL FOR
     LEBANON
     A. The Historical Development of International Criminal Tribunals
     B. The History of the Creation of the Special Tribunal for
        Lebanon

III. LEGAL ANALYSIS
     A. Defining an "International" Court
     B. Level of Authority Vested by the International Community to
        Special Tribunal for Lebanon
        1. Mode of establishment of the Special Tribunal for Lebanon
        2. Presence of an explicit provision that eliminates high ran
           official immunities in the Special Tribunal for Lebanon's
           Statute
        3. The level of Security Council support for the creation of
           Special Tribunal for Lebanon as exemplified through
           Security Council voting record
        4. The evolution of the events leading up to the establishment
           the Special Tribunal for Lebanon by the United Nations
     C. Characteristics of the Special Tribunal for Lebanon
        1. Title of the Special Tribunal for Lebanon
        2. Composition of the Judges Chambers, Prosecutors, Registrar,
           and Defense Office in the Special Tribunal for Lebanon
        3. Funding sources for the Special Tribunal for Lebanon
        4. Location of the Special Tribunal for Lebanon's headquarters
           offices
        5. Procedural methods used by the Special Tribunal for Lebanon
        6. Subject matter jurisdiction for the Special Tribunal of
           Lebanon
           a. Terrorism defined under the Lebanese Penal Code
           b. Terrorism as an independent international crime defined
              10 treaty or through customary international law
           c. Terrorism--an international crime as defined by treaties
           d. Terrorism as defined through customary international law
           e. The Hariri assassination: Can terrorism be considered a
              crime against humanity?

IV.  CONCLUSION

     APPENDIX 1--INTERNATIONAL U.N.-CREATED TRIBUNALS:
     A COMPARISON CHART


I. INTRODUCTION

After the assassination of Former Prime Minister Rafiq Hariri in Lebanon, the United Nations, at the request of the Lebanese government, did something it had never done before. It created a tribunal to try a possible event of "terrorism." (l) The validity of this judicial body as an "international" tribunal is highly debated, specifically because in contrast to other international U.N.-created tribunals before it, the Special Tribunal for Lebanon (STL (STereoLithography) A 3D printing file format created by 3D Systems for its stereolithography system. Also supported by many numerical control, rapid prototyping and rapid manufacturing machines, STL provides the surface geometry of the item in triangles. ) (1) will only try cases of terrorism and terrorism-related offenses; (2) has a subject matter jurisdiction framed only with references to domestic law; and (3) has a statute that does not explicitly eliminate state official immunity Noun 1. official immunity - personal immunity accorded to a public official from liability to anyone injured by actions that are the consequence of exerting official authority . (2)

The counsel of the accused before the STL may claim the tribunal is not a legitimate "international" court. If the Chambers of the STL concludes that the court is not an "international" tribunal, the STL prosecution may be unable to eliminate any high-ranking state immunity protections of the accused. Without circumventing immunity protections, the success of the STL to try those responsible for the Hariri assassination and related attacks may be in jeopardy. However, both the characteristics the STL shares with other ad-hoc and hybrid tribunals and the international trend to define terrorist acts as the most egregious e·gre·gious  
adj.
Conspicuously bad or offensive. See Synonyms at flagrant.



[From Latin
 crimes in the world aids in tipping the scale to favor the STL being categorized cat·e·go·rize  
tr.v. cat·e·go·rized, cat·e·go·riz·ing, cat·e·go·riz·es
To put into a category or categories; classify.



cat
 as "international." This categorization of "international" will equip e·quip  
tr.v. e·quipped, e·quip·ping, e·quips
1.
a. To supply with necessities such as tools or provisions.

b.
 the court with the ability to eliminate any state official immunity protections of the accused. More importantly, it will redefine Verb 1. redefine - give a new or different definition to; "She redefined his duties"
define, delimit, delimitate, delineate, specify - determine the essential quality of

2.
 the scope of crimes that future U.N.-created tribunals will be permitted to try, as well as the scope of the sovereign rights nations possess with respect to trying crimes of terrorism.

This Note begins by exploring the background and legal history surrounding the creation of the STL in Part II. Part III provides a legal analysis that evaluates the factors used in determining if the STL is an "international" court, including: (1) the authority vested to the court; (2) the characteristics of the court; and (3) the subject matter jurisdiction of the court. A visual comparison of the characteristics analysis completed in Part III is appended to the note in Annex an·nex  
tr.v. an·nexed, an·nex·ing, an·nex·es
1. To append or attach, especially to a larger or more significant thing.

2.
 1 for reader reference. Finally, this Note examines how the crimes being tried before the STL affect the ability of both the STL and future U.N.-created tribunals in trying crimes of "terrorism." Specifically, it answers the question whether crimes of "terrorism" can be considered "international" enough for courts to eliminate high-ranking state official immunities.

II. THE BACKGROUND AND LEGAL HISTORY OF THE SPECIAL TRIBUNAL FOR LEBANON

A. The Historical Development of International Criminal Tribunals

The creation of international tribunals to try criminals for crimes so heinous hei·nous  
adj.
Grossly wicked or reprehensible; abominable: a heinous crime.



[Middle English, from Old French haineus, from haine, hatred, from
 that they offend the conscience of humankind began after World War II when a group of ambitious lawyers, along with the aid of the Allied Powers Allied Powers
 or Allies

Nations allied in opposition to the Central Powers in World War I or to the Axis Powers in World War II. The original Allies in World War I—the British Empire, France, and the Russian Empire—were later joined by many
, tried Nazis at the International Military Tribunals at Nuremburg. (3) The Nuremburg trials established that individuals have duties under international law, and that responsibility will attach to individuals when they commit such heinous crimes. (4) The international legal environment continued to evolve since the Nuremburg trials, and eighteen years ago, the first U.N.-based international criminal tribunal was created. (5) Today, U.N.-hybrid and ad-hoc courts prosecute To follow through; to commence and continue an action or judicial proceeding to its ultimate conclusion. To proceed against a defendant by charging that person with a crime and bringing him or her to trial. , as well as sentence, criminals from a variety of different countries. (6) The international community continually faces new challenges in upholding justice and defining global norms of responsibility. These new challenges require the creation of innovative types of U.N. tribunals. One tribunal addressing a subject matter never employed by previous UN-created courts is the STL.

"International" crimes, also referred to as stricto senso crimes, fall within the subject matter jurisdiction of all international U.N.-created tribunals except the STL. (7) In general, stricto senso crimes are forms of conduct so egregious that those who engage in the acts are considered "enemies of all mankind." Accordingly, all nations of the world have an interest in ensuring the responsible individuals are prosecuted. (8) The idea that certain crimes are "international" stems back to the Nuremberg trials Nuremberg Trials

surviving Nazi leaders put on trial (1946). [Eur. Hist.: Van Doren, 512]

See : Justice
 when Justice Jackson Justice Jackson may refer to:
  • Howell Edmunds Jackson, Associate Justice of the United States Supreme Court
  • Robert H. Jackson, Associate Justice of the United States Supreme Court
 explained the authority to try certain crimes existed because, "those acts which offended the conscience of our people ... [were] criminal by standards generally accepted in all civilized civ·i·lized  
adj.
1. Having a highly developed society and culture.

2. Showing evidence of moral and intellectual advancement; humane, ethical, and reasonable:
 countries." (9) Jackson relied on historic precedent from The Hague Conventions Hague Conventions

Series of international agreements signed at The Hague (1899, 1907). The first conference was requested by Russia to discuss rules to limit warfare and attempt arms limitations.
 of 1907, the Kellogg-Briand pact Kellogg-Briand Pact (brēäN`), agreement, signed Aug. 27, 1928, condemning "recourse to war for the solution of international controversies." It is more properly known as the Pact of Paris.  of 1928, and the Geneva Protocol Geneva Protocol: see protocol.
Geneva Protocol
 officially Protocol for the Pacific Settlement of International Disputes

(1924) League of Nations draft treaty to ensure collective security in Europe.
 of 1924 to define the scope of stricto senso crimes. (10) Since Nuremberg, several other tribunals have voiced opinions about the power of tribunals both national and international to try international stricto senso crimes.

Stricto senso international crimes include genocide genocide, in international law, the intentional and systematic destruction, wholly or in part, by a government of a national, racial, religious, or ethnic group. , war crimes, and crimes against humanity. (11) In contrast, the STL may only try cases of crimes of "terrorism," offenses against life and personal integrity, illicit Not permitted or allowed; prohibited; unlawful; as an illicit trade; illicit intercourse.


ILLICIT. What is unlawful what is forbidden by the law. Vide Unlawful.
     2.
 associations, and failure to report crimes and offenses that stem from the car bombing of former Prime Minister Rafiq Hirafi and twenty-two others. (12) Additionally, the explicit subject matter jurisdiction of the STL statute encompasses only Lebanese domestic law. (13) While the statues of other U.N.-created tribunals provide for jurisdiction over a mix of international and domestic crimes, none outside the STL has ever tried only domestically defined crimes. (14) Finally, the STL's statute does not explicitly eliminate state official immunity, while the statutes of other U.N.-created tribunals before it explicitly eliminate immunity protections. (15) Combined, these issues may cause significant problems for the court if those responsible for the Hariri attack appear to be high-ranking state officials, who would normally have official immunity from prosecution in a national court. (16) The aforementioned a·fore·men·tioned  
adj.
Mentioned previously.

n.
The one or ones mentioned previously.


aforementioned
Adjective

mentioned before

Adj. 1.
 divergences between the STL and traditional international courts provoke heated debate in the international legal community about which factors are required for a court to be considered "international" enough to remove the immunity of an accused state official.

B. The History of the Creation of the Special Tribunal for Lebanon

Two years after the Hariri attack, Lebanon signed an agreement with the United Nations to create the STL. (17) The tribunal will try individuals deemed responsible for the attack and for subsequent related events, which occurred between October 1, 2004, and December 12, 2005, and resembled the Hariri Attack in manner and purpose. (18) The Lebanese Parliament failed to ratify ratify v. to confirm and adopt the act of another even though it was not approved beforehand. Example: An employee for Holsinger's Hardware orders carpentry equipment from Phillips Screws and Nails although the employee was not authorized to buy anything.  the agreement for the tribunal by June 10, 2007, through its domestic legislative process. (19) However, the Security Council desired to establish the tribunal immediately. Accordingly, the Security Council disregarded the Lebanese legislative stalemate stale·mate  
n.
1. A situation in which further action is blocked; a deadlock.

2. A drawing position in chess in which the king, although not in check, can move only into check and no other piece can move.

tr.v.
 and authorized the formation of the tribunal under its Chapter VII powers, with a vote of ten members approving and five abstaining. (20)

The United Nations also initiated a fact-finding mission to investigate the attacks and the adequacy of the subsequent investigation by Lebanese authorities. The Security Council welcomed the commission's report, which stated that there was probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit.  that high-ranking state officials were involved in the Hariri assassination especially considering the complexity of the attacks. (21)

Although no indictment indictment (ĭndīt`mənt), in criminal law, formal written accusation naming specific persons and crimes. Persons suspected of crime may be rendered liable to trial by indictment, by presentment, or by information.  has been made public yet, (22) the involvement of high-ranking state officials, if any, would potentially lead to several future claims of state official immunity before the STL. If the claims for immunity are recognized, the tribunal would be prevented from prosecuting any high-ranking state officials involved with the attacks. (23) On the other hand, if it is determined that the STL is an "international" court, immunity claims of the accused will be circumvented. (24) The complexity of this issue is compounded by the several attributes of the STL that are unique from any other U.N.-created court. (25) As previously mentioned in this Note, these attributes include the STL being the first tribunal of international character that: (1) will hear solely cases of crimes of terrorism and terrorism-related offenses; (2) has subject matter jurisdiction framed only with references to domestic law; and (3) has a statute that does not eliminate state official immunity, a provision that was included in the statutes of all other U.N.-created tribunals before it. (26) Limiting the subject matter jurisdiction of STL the will play a major role in defining the tribunal. It will either contribute to its downfall or will allow the STL to blaze a groundbreaking legal path by redefining the current doctrine of international criminal law, specifically concerning international crimes of "terrorism."

To determine if the STL is an international tribunal, a comparison must be completed of the STL and previous international U.N.-created tribunals. The individual attributes of each U.N.-created tribunal are first individually analyzed in a legal context. A visual comparative representation of the STL, previous U.N.-created hybrid and ad-hoc tribunals, and the International Criminal Court (ICC ICC

See: International Chamber of Commerce
) is appended in an Annex to this Note for ease of comparison. (27) This Note will then evaluate if the subject matter jurisdiction of the STL, the Hariri assassination, and related attacks are acts of terrorism so egregious that they may be considered crimes against humanity. Specifically, this Note focuses on how this categorization of the attacks may further tip the scale in favor the STL being international enough to eliminate head of state immunity protection.

III. LEGAL ANALYSIS

A. Defining an "International" Court

The Nuremburg Tribunal first explained that restrictive immunity is required for individuals being tried for stricto senso crimes before an international court. (28) Additionally, the Tribunal established that high-ranking state official immunity claims must be eliminated for all international courts. (29) This groundbreaking international court stated that "[c]rimes against international law are committed by men, and not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced." (30)

More recently, the International Court of Justice (ICJ ICJ
abbr.
International Court of Justice
) echoed the Nuremburg sentiment in the Arrest Warrant case when it stated that although courts of a third state are barred from trying heads of state, "certain international criminal courts" can try high-ranking state officials if the international courts have jurisdiction. (31) The Arrest Warrant court did not define the criteria required for identifying "international courts," but distinguished international courts from courts of "foreign jurisdiction" or of "one state." (32) Additionally, the court listed examples of international courts including the International Criminal Tribunal for the former Yugoslavia The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the , the International Criminal Tribunal for Rwanda
Further information: Rwandan Genocide


The International Criminal Tribunal for Rwanda (ICTR) (French: Tribunal pénal international pour le Rwanda, Kinyarwanda: Urukiko Nshinjabyaha Mpuzamahanga rwagenewe u Rwanda
, and the future ICC. (33) The examples enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule.  by the court in Arrest Warrant case are all U.N.-created tribunals, and like the STL, were formed under the Security Council's Chapter VII powers. (34)

The Special Court of Sierra Leone Sierra Leone (sēĕr`ə lēō`nē, lēōn`; sēr`ə lēōn), officially Republic of Sierra Leone, republic (2005 est. pop. 6,018,000), 27,699 sq mi (71,740 sq km), W Africa.  (SCSL SCSL Sun Community Source Licensing (Sun)
SCSL Scientific Computing Software Library (Silicon Graphics, Inc.)
SCSL Satyam Computer Services Limited (Secunderabad, India) 
) is a further example of a U.N.-created tribunal capable of eliminating high-ranking state official immunity claims. Specifically, the SCSL removed immunity protections from Liberia's former President in Prosecutor v. Charles Taylor
Charlie and Chuck are common familiar or shortened forms for Charles.


Charles Taylor may refer to: Political figures
  • Charles G.
. (35) The SCSL supported its decision to remove Charles Taylor's (Taylor) immunities by relying on the tribunal's status as an "international court." (36) In the case, Taylor, the former President of Liberia, was indicted INDICTED, practice. When a man is accused by a bill of indictment preferred by a grand jury, he is said to be indicted.  for crimes against humanity, war crimes, and other serious violations of both national and international law, including acts of terrorism. (37) Taylor challenged the validity of his indictment, claiming the charges were issued while he was still in office, and that the indictment was contrary to the immunity afforded to a head of state under international law. (38) The SCSL rejected his argument based on the Statutes of the Nuremberg and Tokyo International Military Tribunals; the approach and authority vested in ad-hoc international criminal courts; the approach to immunity protections taken by the ICC; and the holdings in the Arrest Warrant and Pinochet cases. (39) The SCSL chambers stated-concerning the immunities afforded to high-ranking officials--that "the principle seems now established that the sovereign equality of states does not prevent a Head of State from being prosecuted before an international criminal tribunal or court." (40)

While strong authority exists for denying the immunity claims of individuals being tried before U.N.-created "international" courts, no bright line rule for defining "international" courts currently exists. A survey of relevant case law reveals there are several factors courts balance to determine if a court is "international" enough to eliminate head of state immunities: (1) the authority vested to the court; (2) the characteristics of the court; and (3) the subject matter jurisdiction of the court. (41) The STL's attributes that are distinctive from other U.N.-created tribunals create a challenging task for those attempting to determine if the STL is international enough to eliminate high-ranking official immunities. (42) Each of the factors used to determine the level of a court's "international" character, as well as the presence of these factors in the STL, will be addressed, beginning with the level of authority vested to a tribunal.

B. Level of Authority Vested by the International Community to the Special Tribunal for Lebanon

The level of authority vested to a tribunal is determined by evaluating (1) the specific mode of establishment used to create the court; (2) the explicit powers granted to the court through its statute; (3) the level of support expressed by the Security Council during the court's creation; and (4) the general evolution of tribunal at the United Nations during its establishment. When examining these factors in relation to the STL, it becomes apparent that the STL has a level of vested authority similar in scope to other U.N.-established international tribunals.

1. Mode of establishment of the Special Tribunal for Lebanon

The mode of establishment used to create a court is one factor weighed when determining if the STL is a legitimate international court, and if the level of authority vested in the court mirrors the level afforded to other international courts by the international community. (43) The STL was created through Security Council Resolution 1757 (Resolution 1757), which enacted an agreement negotiated between the United Nations and the Lebanese government. Resolution 1757 was adopted under the Security Council's Chapter VII enforcement powers. (44) This mode of establishment is unique from the methods used to form other ad-hoc and hybrid international tribunals, because it integrates two traditional methods of establishment. (45) The forms of establishment for previous U.N.-created international tribunals include (1) a Security Council Resolution passed under Chapter VII "peacekeeping peace·keep·ing  
adj.
Of or relating to the preservation of peace, especially the supervision by international forces of a truce between hostile nations.



peace
" enforcement powers; (2) an agreement to establish the tribunal between the United Nations and the nation the tribunal is created for; and (3) a multilateral treaty. (46)

Through a Security Council Resolution, states may choose to bring alleged perpetrators of international crimes before an international tribunal instead of a national court. (47) The Security Council represented the will of the international community and established two U.N.-backed ad-hoc tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY ICTY International Criminal Tribunal for the former Yugoslavia ) and International Criminal Tribunal for Rwanda (ICTR ICTR International Criminal Tribunal for Rwanda ), under its Chapter VII peacekeeping enforcement powers. (48) Establishing a tribunal through a Security Council Resolution under the Council's Chapter VII peacekeeping enforcement powers is a valid method of creating an international court, (49) The option to bring perpetrators of crimes of international law before a U.N.-sponsored tribunal is recognized in Article VI of the Genocide Convention, the commentary to the 1949 Geneva Conventions Geneva Conventions, series of treaties signed (1864–1949) in Geneva, Switzerland, providing for humane treatment of combatants and civilians in wartime. , and throughout the Nuremburg Judgment. (50)

Alternatively, a tribunal may be created through a bilateral treaty A bilateral treaty is a treaty strictly between two state parties. These two parties can be two states, or two international organizations, or one state and one international organization.

It is similar to a contract, so it is called contractual treaty.
 between the United Nations and the tribunals' respective countries. Two U.N.-backed hybrid tribunals, the SCSL and Extraordinary Chambers In 2006, an international tribunal began its work in Cambodia's capital, Phnom Penh. Its purpose is the trial of senior members of the former Khmer Rouge regime. Proceedings are expected to begin in 2007.  in the Courts of Cambodia (ECCC ECCC Electronic Colloquium on Computational Complexity
ECCC East Central Community College
ECCC Electronic Commerce Council of Canada
ECCC Eastern Collegiate Cycling Conference
ECCC European Communities Chemistry Council
ECCC Essex County Cricket Club
), were established by a bilateral agreement. The SCSL was established when Sierra Leone signed a treaty with the Security Council. (51) The ECCC was created through a treaty between Cambodia and the U.N. General Assembly. (52) These tribunals were not imposed on the countries concerned like the ITCY and ITCR ITCR Instituto Tecnológico de Costa Rica  were with Yugoslavia and Rwanda, respectively. Instead, they were created with the consent and at the request of each nation. (53) In contrast, the STL was created when the Security Council through its Chapter VII peacekeeping enforcement powers unilaterally u·ni·lat·er·al  
adj.
1. Of, on, relating to, involving, or affecting only one side: "a unilateral advantage in defense" New Republic.

2.
 passed an agreement it had formed earlier with Lebanon. (54) To date, Lebanon has not ratified rat·i·fy  
tr.v. rat·i·fied, rat·i·fy·ing, rat·i·fies
To approve and give formal sanction to; confirm. See Synonyms at approve.
 the agreement for the STL. (55)

Critics claim this unique method of creating a U.N.-backed tribunal may not be valid, and that the Security Council overstepped its powers. Especially if the Security Council considered the method of creation for the STL to be a treaty forcibly forc·i·ble  
adj.
1. Effected against resistance through the use of force: The police used forcible restraint in order to subdue the assailant.

2. Characterized by force; powerful.
 passed through its "peacekeeping" powers. (56) Additionally, critics assert that because the Lebanese Parliament has yet to ratify the STL agreement, the tribunal is unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution.  and not endorsed by the Lebanese population. (57) In November 2006, the United Nations Legal Counsel, Nicolas Michel Nicolas Michel (born 7 November 1949) is Under-Secretary-General for Legal Affairs and United Nations Legal Counsel at the United Nations.[1] References

1. ^ Biographical Note, United Nations Information Service, retrieved 4 July 2006
, addressed this issue, telling the Security Council:
   [T]he Lebanese constitutional process for the conclusion of an
   agreement with the United Nations has not been completed. Major
   steps remain to be taken, in particular formal approval by the
   Government, which is the prerequisite for the signature of the
   treaty and its submission for parliamentary approval and,
   ultimately, its ratification. (58)


Regardless of this difficulty, like the ICTY, ICTR, ECCC, and the SCSL before it, the STL was created after careful consideration of the various options for establishment. (59) The Security Council was forced to create the STL unilaterally using its Chapter VII powers because of the Lebanese legislative stalemate. It likely did not intend to bring the agreement into force as an international treaty binding Lebanon, but instead implemented Lebanon's request to create a tribunal. (60) Prime Minister Fouad Siniora Fouad Siniora (alternative spellings: Fouad Sanyoura, Fuad Siniora, Fouad Saniora, Fouad Seniora) (Arabic: فؤاد السنيورة  first approached the United Nations and requested that a tribunal be created. (61) Lebanon has not yet accepted the agreement for the STL through its constitutional process only because the Lebanese Parliament has not approved the STL's plan. (62) The lack of legislative approval is only due to the fact the Lebanese Parliament speaker, Nabih Berri Nabih Berri (Arabic: نبيه بري; born January 28, 1938 in Bo, Sierra Leone) is a Sierra Leonean-Lebanese politician, is currently the speaker of the Lebanese Parliament of Lebanon. , refuses to convene CONVENE, civil law. This is a technical term, signifying to bring an action.  the chamber to address the tribunal's creation. (63)

In Taylor, the appeals chamber of the SCSL faced a similar scenario. The defense argued that a court formed through an agreement between the Security Council and the Sierra Leone government was not a valid court, specifically because it does not have the Chapter VII enforcement powers that ad-hoc tribunals possess. (64) However, the court held that the SCSL is indeed an international court. In its decision, the Taylor Chambers explained that the one must look beyond the SCSL enforcement powers of a court to determine if it is a valid international court. The Taylor Chambers pointed to a courts mode of establishment as an additional factor when determining if a court is "international." Specifically, it named a previous SCSL case referred to as the "Decision on Constitutionality," in which the defense argued that although the Sierra Leone government ratified the agreement between the United Nations and Sierra Leone for the SCSL, the agreement was not approved by a popular referendum because no such referendum was held. The defense in the "Decision on Constitutionality" case claimed a lack of referendum support made the SCSL an unconstitutional creation because approval by referendum is required for bringing a treaty into force under the Sierra Leone Constitution. (65) Ultimately, the "Decision on Constitutionality" court rejected the defense argument and held that a referendum was not required to validate the SCSL because it was (1) an international court established by a treaty between the United Nations and Sierra Leone outside of the Sierra Leone court system and is not part of the Sierra Leone Judiciary, (66) and (2) is distinctive from domestic courts because the SCSL has powers that domestic courts do not possess. (67)

The Taylor Chambers added to the holding of the "Decision on Constitutionality" court and stated that an agreement to create the tribunal between Sierra Leone and the United Nations was the equivalent of an agreement between Sierra Leone and all members of the United Nations. (68) Additionally, the creation of the binding United Nations agreement was a representation of the overall will of the international community (including Sierra Leone) to try the crimes committed in Sierra Leone at an international level. (69) Under these lines of reasoning, the Taylor court defined the tribunal as a "truly international." (70) Like the SCSL, the STL was also created by the United Nations at the request of a national government and an agreement reflecting this request was created. However, unlike Sierra Leone, the Lebanese government has not approved the creation of the tribunal through any portion of its legislative process.

Answering the arguments of critics cited above, it appears Lebanon does not expressly disapprove dis·ap·prove  
v. dis·ap·proved, dis·ap·prov·ing, dis·ap·proves

v.tr.
1. To have an unfavorable opinion of; condemn.

2. To refuse to approve; reject.

v.intr.
 of the STL. Although, Lebanese legislative action regarding the STL has not yet taken place, the will of the Lebanese people This is a list of Lebanese people. The list has been ordered by Alphabetical order of Section names. No specific order was used within the sections. Activists
  • Alan Zantout - RA of the year -- 8th year returner at Burge.
 is unknown only because Nabih Berri is refusing to convene parliament, thereby purposefully pur·pose·ful  
adj.
1. Having a purpose; intentional: a purposeful musician.

2. Having or manifesting purpose; determined: entered the room with a purposeful look.
 freezing the political process. (71) Additionally, the Lebanese government was actively involved in creating the STL statute and agreement. (72) Adhering to Lebanon's requests, the Security Council adopted the STL's Resolution under its Chapter VII Article 39 powers of "promoting international peace and security." (73) Lebanon has also since signed a Memorandum of Understanding A Memorandum of Understanding (MoU) is a legal document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action and may not imply a legal commitment.  ("MOU (Minutes Of Usage) A metric used to compute billing and/or statistics for telephone calls or other network use. ") with the STL. The MOU promises cooperation between Office of the Prosecutor ("OTP (1) (One Time Programmable) Refers to programming content or logic into chips such as EPROMs and EEPROMs, which cannot be reversed. See antifuse.

(2) (One Time P
") and the "Lebanese Ministries, Lebanese juridical Pertaining to the administration of justice or to the office of a judge.

A juridical act is one that conforms to the laws and the rules of court. A juridical day is one on which the courts are in session.


JURIDICAL.
 authorities and other official institutions, as necessary," and specifically guarantees that the Lebanese Government will provide the OTP with all necessary assistance from Lebanon to fulfill its mandate. (74) These collaborative efforts between the United Nations and Lebanon exemplify ex·em·pli·fy  
tr.v. ex·em·pli·fied, ex·em·pli·fy·ing, ex·em·pli·fies
1.
a. To illustrate by example: exemplify an argument.

b.
 the Lebanese government's further support for the STL.

Additionally, the STL agreement uses the same language as the SCSL agreement, which was cited by the "Decision on Constitutionality" court, giving the STL powers that Lebanese courts do not possess. Specifically, the STL and SCSL agreements provide the tribunals the ability to conclude treaties with States as needed as needed prn. See prn order.  for the function and operation of the court. (75) Like the SCSL, the STL was created by the United Nations, outside of the Lebanese Judiciary system, at the request of a national government, and has powers afforded to it unique from the national Lebanese courts. The inability of the Lebanese government to ratify the agreement for the STL, while unfortunate, does not affect its validity as a U.N.-created tribunal. Although, the mode of establishment will not affect the legitimacy of the STL, the documents created during its establishment will affect the enforcement powers the tribunal is afforded.

The agreement and statute for the STL obligate Lebanon to comply with tribunal decisions. However, the documents are silent as to the tribunal's powers to require other states to comply with its orders and requests. (76) Formation of a tribunal through a bilateral treaty affords the court no enforcement powers for orders and requests outside of the states concerned with the tribunals. (77) In contrast, establishing a tribunal through a Security Council-imposed resolution binds all United Nations member states As of 2007, there are 192 United Nations (UN) member states. Each member state is a member of the United Nations General Assembly.

According to the United Nations Charter, Chapter 2, Article 4, the admission of any state to membership in the UN "will be effected by a
 to the resolution, and requires nations to comply with the tribunal's orders under the Security Council's Chapter VII enforcement powers. It also allows the Security Council to impose sanctions Sanctions is the plural of sanction. Depending on context, a sanction can be either a punishment or a permission. The word is a contronym.

Sanctions involving countries:
 on states that do not comply with a tribunal request. (78) The Security Council's Chapter VII enforcement powers on third party states apply to the entire tribunal resolution for the ICTY and ICTR. This is reflected by the use of the word "shall" before the listing of the third party states obligations. For example, the ITCR statute states that under the Security Council Chapter VII powers:
   [A]ll States shall cooperate fully with the International Tribunal
   and its organs in accordance with the present resolution and the
   Statute of the International Tribunal and that consequently all
   States shall take any measures necessary under their domestic law
   to implement the provisions of the present resolution and the
   Statute, including the obligation of States to comply with requests
   for assistance or orders issued by a Trial Chamber under Article 28
   of the Statute, and requests States to keep the Secretary-General
   informed of such measures. (79)


Alternatively, when evaluating the wording used in the STL statute, it appears that Security Council Chapter VII enforcement powers apply only to the paragraph that established the STL within Resolution 1757, and to the paragraph that explains the Republic of Lebanon's compliance requirements Compliance requirements are a series of directives established by United States Federal government agencies that summarize hundreds of Federal laws and regulations applicable to Federal assistance (also known as Federal aid or Federal funds).  when presented with requests by the STL. The first paragraph, with the use of the word shall, does not address the ability of the STL to require third party states to comply with the court's decisions and requests. This paragraph states:

1. Decides, acting under Chapter VII of the Charter of the United Nations, that:

(a) The provisions of the annexed document, including its attachment, on the establishment of a Special Tribunal for Lebanon shall enter into force on 10 June 2007, unless the Government of Lebanon has provided notification under Article (1) of the annexed document before that date;

(b) If the Secretary-General reports that the Headquarters Agreement has not been concluded as envisioned under Article 8 of the annexed document, the location of the seat of the Tribunal shall be determined in consultation with the Government of Lebanon and be subject to the conclusion of a Headquarters Agreement between the United Nations and the State that hosts the Tribunal;

(c) If the Secretary-General reports that contributions from the Government of Lebanon are not sufficient to bear the expenses described in Article 5 (b) of the annexed document, he may accept or use voluntary contributions from States to cover any shortfall. (80)

Following the above paragraph in the STL's Establishment Resolution, the Security Council attached the previously created agreement between the Council and Lebanon. In the Establishment Resolution, the requirements for states to comply with the tribunals requests is discussed in Article 15 which states:

1. The Government shall cooperate with all organs of the Special Tribunal, in particular with the Prosecutor and defense counsel, at all stages of the proceedings. It shall facilitate access of the Prosecutor and defense counsel to sites, persons and relevant documents required for the investigation.

2. The Government shall comply without undue delay with any request for assistance by the Special Tribunal or an order issued by the Chambers, including, but not limited to:

(a) Identification and location of persons;

(b) Service of documents;

(c) Arrest or detention of persons;

(d) Transfer of an indictee in·dict  
tr.v. in·dict·ed, in·dict·ing, in·dicts
1. To accuse of wrongdoing; charge: a book that indicts modern values.

2.
 to the Tribunal. (81)

While the word shall is used, it is only used in reference to "The Government," meaning Lebanon. (82) The cooperation of third party states is not addressed in the STL Agreement like it is in the agreements of the other Security Council mandated tribunals. This seems to suggest that the language of the agreement only affords the Security Council's Chapter VII enforcement powers to the establishment of the tribunal, requiring the agreement for the STL be entered into force and with Lebanese cooperation, nothing further.

Lack of enforcement powers may cause problems for the tribunal if it needs a nation to extradite ex·tra·dite  
v. ex·tra·dit·ed, ex·tra·dit·ing, ex·tra·dites

v.tr.
1. To give up or deliver (a fugitive, for example) to the legal jurisdiction of another government or authority.

2.
 their high-ranking state officials so that they may be tried before the tribunal. Lebanon is the only nation bound by Security Council Resolution 1757 that is required to co-operate completely with requests of the STL. (83) It is possible that third party states to the tribunal might choose not to carry out the requests of the court. Accordingly, although the STL's mode of establishment vests authority to the court to do away with high ranking See Google bomb.  official immunities, problems may still arise concerning completing arrests or achieving the surrenders of high ranking officials for trial.

2. Presence of an explicit provision that eliminates high ranking official immunities in the Special Tribunal for Lebanon's Statute

The explicit powers granted to the STL through its statute to eliminate head of state immunities is another reflection of the overall authority vested in the court when compared to other international tribunals. Prior to the STL, all international jurisdictions, including, the ICTY, ICTR, SCSL, the ECCC, and the ICC, included a provision in their statutes that explicitly eliminated Head of State and high-ranking state official immunity protections of the accused. (84) This provision is derived from the Statute of GLOUCESTER, STATUTE OF. An English statute, passed 6 Edw. I., A. D., 1278; so called, because it was passed at Gloucester. There were other statutes made at Gloucester, which do not bear this name. See stat. 2 Rich. II.

MARLEBRIDGE, STATUTE OF.
 the International Military Tribunal A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil matters. The judges are military officers and fulfill the role of jurors. It is distinct from the court martial.  (Nuremburg). (85) Article 7 of the Nuremburg Charter is known as the "Nuremburg Principle" and states that "[t]he official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment." (86) The Nuremburg Principle has since been restated in the 1946 Resolution of the General Assembly. (87) The 1946 Resolution affirmed af·firm  
v. af·firmed, af·firm·ing, af·firms

v.tr.
1. To declare positively or firmly; maintain to be true.

2. To support or uphold the validity of; confirm.

v.intr.
 the principles of international law recognized by both the entire charter of the Nuremberg Tribunal, and the Tribunal's final judgments. (88)

The presence of the Nuremburg Provision in the charters of international U.N.-created tribunals enforces the idea that individual responsibility should be required of accused high-ranking state officials before international tribunals. Individual responsibility is established by barring immunity from both prosecution and punishment of high-ranking state officials. (89) Article 6 of the statute for the STL states that amnesty will not be a reason to bar prosecution for high-ranking officials; however, it mentions nothing about completely excluding state official immunities. (90) This may have been done deliberately, with the intention of reserving the ability to eliminate state official immunity protections for only traditional stricto senso international crimes. (91) No traditional stricto senso crimes are being tried before the STL, however. The crimes of terrorism being tried at the STL are arguably ar·gu·a·ble  
adj.
1. Open to argument: an arguable question, still unresolved.

2. That can be argued plausibly; defensible in argument: three arguable points of law.
 so egregious that they should be considered stricto senso, and the issue will be addressed in a later portion of this Note. (92)

Some commentators opine that the lack of a provision in the STL statute explicitly eliminating state official immunities grants high-ranking officials the immunities by default. However, the previous unfailing and frequent presence of an immunity-eliminating clause in prior ad-hoc and hybrid U.N.-created tribunals signifies a consensus in the international community that all international tribunals should be afforded the ability to eliminate immunities whether or not the tribunal is specifically afforded the right. Reflecting this trend, the Rome Statute of the ICC also eliminated all immunities for those individuals accused of all international crimes. Article 27(1) of the Rome Statute states:
   This Statute shall apply equally to all persons without any
   distinction based on official capacity. In particular, official
   capacity as a Head of State or Government, a member of a Government
   or parliament, an elected representative or a government official
   shall in no case exempt a person from criminal responsibility under
   this Statute. (93)


In addition, Article VII of the International Law Commission's Draft Code of Crimes Against the Peace and Security of Mankind further reflects the need for a universal elimination of high-ranking state official immunities when international crimes are committed. (94) It states that "[t]he official position of an individual who commits a crime against the peace and security of mankind, even if he acted as head of State or Government, does not relieve him of criminal responsibility or mitigate punishment." (95)

The above consensus indicates that customary international law (96) now requires all individuals accused of committing the most heinous crimes to face justice before an international tribunal, regardless of the individual's official position. (97) Appropriately, it was unnecessary for the drafters of the STL statute to include an explicit provision that excluded head of state immunities. (98) The lack of an explicit provision in the STL does not reduce the authority vested to the tribunal by the international community to eliminate all high-ranking state official immunity protections of the accused.

3. The level of Security Council support for the creation of the Special Tribunal for Lebanon as exemplified through the Security Council voting record

The level of support from the Security Council during the creation of the STL is also reflective of the implicit authority vested to it by the international community. (99) Five Security Council members abstained from voting on the adoption of Resolution 1757. (100) It may be contested that the five abstentions reflect apprehensions that the Security Council is exceeding its authority, and interfering into strictly domestic Lebanese issues by instituting the STL. Additionally, some may view the voting record as proof the STL is not a legitimate international tribunal created from a Security Council resolution with complete support. Specifically, critics may point out that in contrast to the STL, the ICTY is a truly legitimate tribunal, which was established through Resolution 827 under Chapter VII of the U.N. charter and by a unanimous vote in the Security Council. (101) However, the Security Council also created other "legitimate" international tribunals under its Chapter VII powers without achieving a unanimous Security Council vote. For example, the Security Council passed Resolution 955 creating the ICTR, even with one member voting against its creation and one abstaining. (102) It is arguable ar·gu·a·ble  
adj.
1. Open to argument: an arguable question, still unresolved.

2. That can be argued plausibly; defensible in argument: three arguable points of law.
 that the ICTR Security Council vote of no support, coupled with an abstention ABSTENTION, French law. This is the tacit renunciation by an heir of a succession Merl. Rep. h.t. , is stronger evidence of the lack of Security Council agreement for the tribunal, than the five abstentions present in the creation of the STL.

Critics will also likely point out that in addition to the five votes of abstention, the Security Council members, while voting, cautioned that the implementation of the STL could have serious political repercussions repercussions nplrépercussions fpl

repercussions nplAuswirkungen pl 
. (103) Despite these concerns, Resolution 1757 was pushed forward and legitimately passed through the process required to bring the international tribunal into force, just as the ICTY and ICTR before it experienced. This compliance with the process required for brining In cooking, brining is a process similar to marination in which meat is soaked in a salt solution (the brine) before cooking.

Brining makes cooked meat moister by hydrating the cells of its muscle tissue before cooking, via the process of osmosis, and by allowing the cells
 international tribunals into force, coupled with a complete affirmative AFFIRMATIVE. Averring a fact to be true; that which is opposed to negative. (q.v.)
     2. It is a general rule of evidence that the affirmative of the issue must be proved. Bull. N. P. 298 ; Peake, Ev. 2.
     3.
 Security Council vote from those members who did vote, enforces the claim that like the ICTY and the ICTR before it, the United Nations views the STL as a legitimate Security Council backed international tribunal. (104) A further examination of the history behind the STL's creation aids in better defining the scope of authority vested in the STL.

4. The evolution of the events leading up to the establishment of the Special Tribunal for Lebanon by the United Nations

The events leading up the establishment of the STL also contribute to the conclusion that the STL was intended to be an "international" tribunal capable of eliminating state official immunity claims. First, in his letter to the Secretary-General of the United Nations (Secretary- General), which launched the process of creating the tribunal, the prime minister of Lebanon referred to the STL as a "tribunal of an international character." (105) The Security Council and the Secretary-General continued to refer to the STL as a "tribunal of an international character" in a range of other official documents and reports. (106) For example, in a Report of the Secretary General to the Security Council, the Secretary-General specifically stated that a "purely national tribunal" could not effectively prosecute those accused of the crimes in the STL's jurisdiction. (107) However, in the report, the Secretary-General also stressed that a purely "international tribunal" would not assign the level of responsibility to Lebanon that is required to achieve justice for crimes that primarily affect the nation. (108) The Secretary-General's report designated the tribunal as a hybrid form of court, but did little to clarify the scope of powers the STL--a court of "international character"--- would possess. A further examination of the history of the Resolution 1757 leading to the court's creation aids in defining the court's designated authority.

After reviewing the first Secretary-General report, the Security Council requested that the Secretary General negotiate with Lebanon for the establishment of a tribunal of "international character." (109) The Secretary-General acted accordingly and published a second report that included the draft agreement between the United Nations and Lebanon for the STL. (110) In this document, the Secretary-General directly addressed the concept of developing a "tribunal of international character." (111) The Secretary-General stated that although features of international character were not specifically discussed in the statute for the STL,

The legal basis for the establishment of the special tribunal is an international agreement between the United Nations and a Member State; its composition is mixed with a substantial international component; its standards of justice, including principles of due process of law, are those applicable in all international or United Nations-based criminal jurisdictions; its rules of procedure and evidence are to be inspired, in part, by reference materials reflecting the highest standards of international criminal procedure; and its success may rely considerably on the cooperation of third States. While in all of these respects the special tribunal has international characteristics, its subject matter jurisdiction or the applicable law remains national in character, however. (112)

This statement emphasized the several attributes of the STL that mirror other international criminal tribunals. However, it also indicated that the subject matter of the tribunal and the applicable substantive law The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law.  are national in character. (113)

These combined events demonstrate the United Nation's belief that the authority vested to the STL is similar to other international U.N.-created tribunals. The following sections of this Note will evaluate how the STL's limited subject matter jurisdiction and applicable Lebanese law affects its ability to be considered "international" enough to eliminate high-ranking state official immunity claims. Specifically, the sections below will address how the STL's "international" characteristics outweigh out·weigh  
tr.v. out·weighed, out·weigh·ing, out·weighs
1. To weigh more than.

2. To be more significant than; exceed in value or importance: The benefits outweigh the risks.
 the tribunals' "national court" traits. Additionally, how the egregious nature of the crimes being tried by the STL will aid in tipping the scales to allow the tribunal to be considered "international" enough to eliminate high-ranking state official immunity claims.

C. Characteristics of the Special Tribunal for Lebanon

In addition to the "international" level of authority vested in the STL, the "characteristics" of the court reflect that the STL is an "international" tribunal capable of eliminating high-ranking official immunity claims. The characteristics of a court include: (1) its title; (2) the composition of its judges and staff; (3) its sources of funding; (4) its location; (5) the procedural methods used by the court; and (6) the courts subject matter jurisdiction. (114) A comparison of the characteristics of the STL and other international U.N.-created tribunals must be completed to determine the level of "international" traits the STL possesses. (115)

1. Title of the Special Tribunal for Lebanon

The first characteristic used to evaluate if the STL is international enough to eliminate high ranking state official immunities is the STL's title. Since several U.N.-sponsored criminal tribunals use the word "international" in their title, some may argue the lack of this term in the STL's title indicates it is not a truly international tribunal. Examples of U.N.-sponsored courts with "international" in their titles include the ICJ, the ICC, the ICTY, and the ICTR. (116)

In Prosecutor v. Taylor, a similar argument was brought before the Appeals Chamber of the SCSL, a U.N.-sponsored court which along with the ECCC, does not use "international" in its title. (117) In its overall decision, the Taylor Appeals Chamber attached little to no significance to distinctions in the titles of the tribunals when it analyzed those attributes, which make a tribunal "international." (118) The Taylor Court held that a "Special Court" is equivalent in status to other U.N.-backed tribunals, even those that have the word "international" in their title. (119) Similarly, the STL uses the designation of "special" in its title and was created by the United Nations. The lack of the term "international" in the STL's title will not reduce the courts ability to be considered "international" enough to eliminate head of state immunities.

2. Composition of the Judges Chambers, Prosecutors, Registrar, and Defense Office in the Special Tribunal for Lebanon

The second factor used to evaluate if the STL is a characteristically "international" tribunal is the composition of its judges, prosecutors, registrar, and defense office. A comparison of the judicial composition of the STL reveals that it is similar to other U.N.-created hybrid tribunals. The STL statute requires its chambers to be composed of at least eleven independent judges and no more than fourteen judges in total. (120) Additionally, the judges in the STL Chambers must serve in the following capacities: (1) a single international judge as the Pre-Trial Judge; (2) three judges in the Trial Chamber, one who is Lebanese and two who are international; (3) in the event of the creation of a second Trial Chamber, that Chamber must be staffed in the same international to national ratio as the first defined Trial Chamber; (4) five judges must serve in the Appeals Chamber, including two Lebanese judges and three international judges; and (5) there must be two alternate judges available at all times, one who is Lebanese and one who is international. (121)

Some commentators argue that because the judicial staff (Chambers) of the STL is not entirely international, the STL is not a characteristically international tribunal. These individuals claim that the ICTY and the ICTR ad-hoc tribunals are truly legitimate international courts, and that every judge composing com·pose  
v. com·posed, com·pos·ing, com·pos·es

v.tr.
1. To make up the constituent parts of; constitute or form:
 the Chambers in the ICTY and ICTR are international. However, the hybrid U.N.-created tribunals, the ECCC and SCSL,--like the STL--do not have an entirely international Chambers. Yet these tribunals are considered international enough to eliminate head of state immunities. (122) In the SCSL Chambers, the majority of the judges are international, with the minority being from Sierra Leone. (123) In the ECCC Chambers, the majority of the judges are national and the minority is international. (124) It is noteworthy that like the SCSL, the majority of judges in both the trial and appeals Chambers of the STL must be international. In addition, the STL Chambers employ more "international" judges than the ECCC, and the STL's judicial composition mirrors the SCSL and ensures the STL is characteristically "international."

Further comparisons of the STL's Registry, Prosecutor, and Defense offices to other U.N.-created international tribunals reveal that the STL is characteristically "international" in these areas as well. (125) There is no requirement that the STL's head register be a Lebanese national, but instead he must only be an international employee from the United Nations who is appointed by the Secretary-General. (126) This is consistent with the selection methods of other U.N.-sponsored international tribunals, tribunals that must meet the needs of the international community. Alternatively, if the STL were a tribunal domestic in nature, a Lebanese registrar would be required to meet solely national Lebanese needs.

A selection panel of individuals who were appointed by the Secretary-General chose the STL's Prosecutor. (127) The ECCC was the first tribunal to use the method of choosing a prosecutor through a panel, and the STL is the only tribunal to follow its example. (128) Critics claim the selection of a prosecutor through a panel is not a transparent process. (129) However, the use of a selection panel is designed to ensure the selection of a more impartial Favoring neither; disinterested; treating all alike; unbiased; equitable, fair, and just.  and professional tribunal staff occurs. (130) Unlike the process of selecting the Prosecutor, the task of choosing STL's Deputy-Prosecutor was assigned to the Lebanese government. (131) Commentators maintain that the presence of a national deputy prosecutor is evidence that the STL is not an international tribunal. Yet, a domestic deputy prosecutor was used in the ECCC and proposed for usage at the SCSL. (132) The characteristics the STL's prosecutors share with other legitimate international tribunals indicate that the STL's prosecutor selection process and composition is similar to other international tribunals.

The Secretary-General, in consultation with the STL's President, Judge Antonio Cassese Antonio Cassese was the first President of the International Criminal Tribunal For the Former Yugoslavia (ICTY), serving in this capacity from 1993 to 1997. In October of 2004, Cassese was appointed by United Nations Secretary General Kofi Annan to be the Chairperson for the , appoints the head of the STL defense office. (133) This selection process mirrors that used by other U.N. tribunals, however, the STL is the first U.N. tribunal to include the Defense Office as a fourth "organ" of the court. (134) Under the STL statute, the STL defense office is afforded the same status as the Office of the Prosecutor, the Chambers, and the Registry. (135) Including the Defense Office as an organ of the court ensures defendants will be afforded more access to court finances and resources. (136) Overall, the Defense Office is arguably more international in nature than the defense offices of other U.N.- backed tribunals because the office is included as an official organ of the court.

3. Funding sources for the Special Tribunal for Lebanon

The funding scheme for the STL is the third characteristic that is weighed when determining if the tribunal is characteristically "international" enough to eliminate head of state immunity protections. Unlike the adhoe international tribunals, the STL is not funded by regular contributions to the United Nations, and it will not be required to report to the U.N. General Assembly. (137) The ICTY and ICTR ad-hoc tribunals are subsidiary bodies of the U.N. Security Council and report directly to it. (138) Accordingly, the same budget processes used in other established U.N. program activities are used to fund the ICTY and ICTR. (139) Like other U.N. funded programs, every expense recorded by the ICTY and ICTR is reviewed and reimbursed by the member states of the United Nations collectively. (140) Alternatively, the STL's funding scheme is similar to the funding systems used by the SCSL and the ECCC. The SCSL and the ECCC are funded by voluntary contributions of U.N. member states, and do not receive contributions from the general U.N. budget. (141) Fifty-one percent of the STL's funding will be by voluntary contributions of U.N. member states, and forty-nine percent by the Lebanese government. Additionally, if the required amount of voluntary funding cannot be raised, the Security Council may explore other means of financing the STL's work. (142)

Commentators claim that a tribunal, which receives forty-nine percent of its monies from the Lebanese government, may run into problems if a change in power leads to the Lebanese government choosing to halt or undermine a large portion of the STL's funding. (143) Although a change in power in the Lebanese government is a likely possibility, these criticisms are ultimately unfounded. Both the SCSL and the ECCC have experienced difficulties obtaining the required amount of funding to run the tribunals and have prevailed through support from other financial avenues. (144) Faced with financial uncertainty, the SCSL previously requested and received funding from the U.N. general fund to minimize delays in the court. (145) It is likely that the U.N. Security Council included a provision in the STL statute that allows the court to pursue alternate funding sources to allow for funding from the U.N. general fund to be used to support the tribunal if a stalemate occurs in the Lebanese government. The funding percentage set up may also be in place to allow other interested U.N. member donors to contribute to the STL's justice process if they become interested in the future. (146) The STL funding scheme is similar to hybrid tribunals, and requiring Lebanon to contribute a set amount, while still allowing for flexibility in the funding percentage from donors, will ensure the tribunal does not face the same financial difficulties that other voluntarily funded U.N. hybrid tribunals have faced.

Critics also argue that the large contribution of funding to the STL by the Lebanese government reduces the accountability and impartiality im·par·tial  
adj.
Not partial or biased; unprejudiced. See Synonyms at fair1.



impar·ti·al
 of the court. Accordingly, Lebanese, not international, interests will largely guide prosecutions and convictions before the STL. However, like the SCSL, the STL has a Management Committee composed of major international donors that provides policy advice and direction for the non-legal aspects of the court. (147) This body ensures that the use of funding by the court reflects the needs of the international community that created the tribunal. (148) Current members of the STL Management Committee include the United Kingdom (the Committee chair); Germany; the Netherlands; the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. ; France; and Lebanon. (149) The Secretary-General also serves as an ex-officio member of the Committee, adding an additional degree of impartiality and international character to the STL. (150)

The STL Management Committee is required to report on a regular basis to the "Group of Interested States." (151) The "Group of Interested States" is an assembly of nations who are interested in the happenings of the STL, but may not necessarily support its work. (152) Any U.N. member state concerned with the financial influence of the STL's funding scheme may join this group. The Management Committee may also expand its member composition if any additional donors wish to participate and the donor agrees to contribute a considerable amount of money to the tribunal. (153) The funding system a system or scheme of finance or revenue by which provision is made for paying the interest or principal of a public debt.

See also: Funding
 for the STL is very similar to the voluntary donor systems used by the ECCC and the SCSL, and although Lebanon is required to contribute forty-nine percent of the funding for the tribunal, the accountability provided by the Management Committee will ensure that its funds are used to achieve impartial international justice. Ensuring the funding factor of the tribunal will remain more "international" than national in character.

4. Location of the Special Tribunal for Lebanon's headquarters and offices

The location of the STL headquarters in The Hague, Netherlands is the fourth factor that indicates the tribunal is characteristically "international" and able to eliminate high-ranking state official immunities. The principal judicial organs of the United Nations, the ICJ and the ICC, are all located in The Hague, Netherlands. (154) The ICTY is also located in The Hague. (155) The decision to place the ICTY in The Hague was influenced by the placement of the aforementioned judicial organs and the inability to effectively run a court in a war torn nation. (156) Like the ICTY, the ICTR was established soon after a war and its main office is located outside of the nation where the crimes relevant to the tribunal occurred, in Arusha, Tanzania. However, the ICTR still staffs a field office in Kigali, Rwanda, and its appeals chamber is located in The Hague. (157) In contrast, the SCSL and the ECCC are located completely within the borders of the concerned countries with one exception. (158) Even with an entirely domestically located court, the SCSL has found it necessary to try high profile cases in The Hague in the ICC's court room to ensure impartiality and safety of its participants. (159)

The STL's location most resembles the ICTR, with its headquarters stationed outside of Lebanon in The Hague, Netherlands, and a field office located in Beirut, Lebanon. (160) Article 8 of the Security Council Resolution for the STL states the tribunal shall specifically have its "seat" outside of Lebanon to insure "fairness, security and administrative efficiency." (161) The tribunal consequently signed a "headquarters agreement" with the Netherlands through the U.N. legal counsel to ensure the headquarters of the STL remains in The Hague throughout its existence. (162) Although the STL has an office in Lebanon, the Security Council agreement to create the STL states that the purpose of the Lebanon office is only to further investigations. (163) It is necessary for international tribunals to keep the trials of high-ranking officials with active supporters outside of the affected nation's borders for safety and security reasons. The need to conduct trials in a location outside of a nation was addressed during the Charles Taylor's trial at the SCSL. (164) The decision to move Taylor's trial from Sierra Leone to The Hague occurred because the court was concerned that Taylor supporters in Sierra Leone would use violent means to delay Taylor's trial, or enable to the trial from occurring altogether. (165) In addition to the Security Council explicitly designating the Hague as the Special Tribunal for Lebanon's "seat" for conducting trials (166), potential tensions in Lebanon during the proceedings may disable To turn off; deactivate. See disabled.  the court from completing its assigned tasks, if trials were be held inside Lebanese borders. Both of these factors suggest STL trials will never be conducted in Lebanon. Accordingly, the location of the court further lends to the STL's "international" characteristics.

5. Procedural methods used by the Special Tribunal for Lebanon

The fifth factor that makes the STL more international than domestic in nature are the STL's procedural methods. All of the U.N.-created tribunals listed in the visual comparison Annex section of this Note use procedural laws very similar to the STL. Each tribunal's procedural laws are based on the international standards of justice and due process inspired by the International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. . (167) Although the STL is the first U.N.- backed international tribunal to apply only domestic law, the procedural rules of the tribunal are required to replicate rep·li·cate
v.
1. To duplicate, copy, reproduce, or repeat.

2. To reproduce or make an exact copy or copies of genetic material, a cell, or an organism.

n.
A repetition of an experiment or a procedure.
 international standards of justice and due process. (168) This factor weighs favorably fa·vor·a·ble  
adj.
1. Advantageous; helpful: favorable winds.

2. Encouraging; propitious: a favorable diagnosis.

3.
 in the determination that the STL is an international tribunal capable of eliminating head of state immunities.

When comparing STL to other U.N.-created tribunals, it is evident that the aforementioned five characteristics of the STL are very similar to other U.N.-created tribunals before it. The traits of the STL, as discussed above will not likely give rise to concerns that characteristically it is not an international tribunal. However, the sixth characteristic, the subject matter jurisdiction of the court, may become a seriously contested factor in determining if the STL is an international criminal tribunal capable of eliminating immunity claims of the accused.

6. Subject matter jurisdiction for the Special Tribunal of Lebanon

The subject matter jurisdiction of a court is also evaluated to determine if the tribunal has the ability to prosecute crimes similar to other international tribunals, and is therefore intrinsically "international." (169) The STL may be characteristically similar to a hybrid tribunal, however, the scope of its subject matter jurisdiction is unlike any previous U.N.-created international tribunal. (170) The STL's jurisdiction covers crimes defined only by a domestic source, the Lebanese Penal Code (LPC). (171) Additionally, the tribunal is trying no traditional "international" crimes under the LPC. (172) Included in the jurisdiction of the STL are: acts of terrorism; crimes, and offenses against life and personal integrity; illicit associations; and failure to report crimes and offenses defined under the LPC. (173)

Like the STL, SCSL and the ECCC have jurisdiction over domestic crimes. (174) However, in addition to their domestic subject matter jurisdiction, the SCSL and the ECCC also have jurisdiction over international crimes. (175) No international court decision has directly addressed the question of whether a U.N.-created tribunal only prosecuting non-universally recognized "international" crimes could be one that has the power to eliminate claims of immunity. (176) In the Arrest Warrant Case, the ICJ stated it is "too new to admit of any definite answer" on what exactly what constitutes an "international court." (177)

The STL's lack of jurisdictional power over international crimes may create problems for the STL's Office of the Prosecutor because high-ranking state official immunities have not historically been waived for individuals that commit domestic crimes. (178) Critics claim that defining the STL as an international tribunal impedes on the sovereign rights of nations because the STL subject matter jurisdiction is solely domestic. However, Judge Christine van den Wyngaert's dissent An explicit disagreement by one or more judges with the decision of the majority on a case before them.

A dissent is often accompanied by a written dissenting opinion, and the terms dissent and dissenting opinion are used interchangeably.
 in the Arrest Warrant Case supports the concept that allowing characteristically hybrid tribunals like the STL to exercise universal jurisdiction and eliminate state official immunities is valid. (179) Van den Wyngaret stated that eliminating high-ranking state official immunities is valid if doing so ensures "the whole recent movement in modem international criminal law towards recognition of the principle of individual accountability for international crimes" is not ignored. (180) This is especially important for the STL, where the accused before the tribunal may be current or former high-ranking state officials who may be afforded complete immunity if it is held the tribunal is inherently domestic and not "international." However, emerging trends in international law suggest that the acts of terrorism being tried before the STL are international in nature. Accordingly the tribunal is "international" enough to eliminate claims of high-ranking official immunities.

a. Terrorism defined under the Lebanese Penal Code

The portions of the LPC included in the subject matter jurisdiction of the STL are those "relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the prosecution and punishment of acts of terrorism, crimes and offences life and personal integrity, illicit associations and failure to report crimes and offences, including the rules regarding the material elements of a crime, criminal participation and conspiracy." (181) The portion of the LPC that defines terrorist acts explains that they are those activities "intended to create a state of panic committed by using such means as explosives, inflammable in·flam·ma·ble  
adj.
1. Easily ignited and capable of burning rapidly; flammable. See Usage Note at flammable.

2. Quickly or easily aroused to strong emotion; excitable.
 materials, toxic or incendiary INCENDIARY, crim. law. One who maliciously and willfully sets another person's house on fire; one guilty of the crime of arson.
     2. This offence is punished by the statute laws of the different states according to their several provisions.
 products, and infectious and microbial microbial

pertaining to or emanating from a microbe.


microbial digestion
the breakdown of organic material, especially feedstuffs, by microbial organisms.
 agents that cause public danger." (182) Hariri's assassination was committed with explosives, and the attack will be considered an act of terrorism under the LPC if it can be proven that the accused intended to create a state of fear among the Lebanese public. (183) Assuming the Hariri assassination was an act of terrorism as defined by the LPC, the STL will be considered international enough to eliminate head of state immunities if the assassination is classified as an international crime, either independently or under the broader subset A group of commands or functions that do not include all the capabilities of the original specification. Software or hardware components designed for the subset will also work with the original.  of crimes against humanity.

b. Terrorism as an independent international crime defined by a treaty or through customary international law

A crime may be defined as "international" either because a treaty labels it as such, or because it is universally accepted as "international" through customary international law. (184) As previously mentioned in the "A Historical Development of International Criminal Tribunals" Part II.A of this Note there are currently three widely recognized "international" or stricto senso international crimes: genocide, war crimes, and crimes against humanity. (185) The crimes being tried before the STL include: terrorist acts, crimes of illicit association, and offenses against life and personal integrity. Such crimes are generally not considered part of the historic list of stricto senso crimes. (186) However, an international trend is emerging that suggests terrorism should also be included on the list of stricto senso crimes. This coupled with a recent STL appeals chamber decision suggests that crimes of terrorism will be "international" crimes before the Special Tribunal for Lebanon. (187)

c. Terrorism--an international crime as defined by treaties

In addition to the universal jurisdiction granted to stricto senso crimes, treaties authorize universal jurisdiction over further offenses. Crimes that are granted universal jurisdiction by treaties include: torture, hostage apprehension The seizure and arrest of a person who is suspected of having committed a crime.

A reasonable belief of the possibility of imminent injury or death at the hands of another that justifies a person acting in Self-Defense against the potential attack.
, and hijacking hijacking

Crime of seizing possession or control of a vehicle from another by force or threat of force. Although by the late 20th century hijacking most frequently involved the seizure of an airplane and its forcible diversion to destinations chosen by the air pirates, when
 transgressions. (188) The grant of universal jurisdiction by treaties indicates that perpetrators of treaty-defined crimes are "enemies of mankind" and are condemned by the international community. (189) In addition to the crimes of torture, hostage apprehension, and hijacking defined by treaties, several conventions and treaties exist that grant nations jurisdiction for crimes of terrorism.

International support through treaties for combating acts of terrorism began in 1926 when the International Congress of Penal Law recommended a Permanent Court of International Justice Permanent Court of International Justice: see World Court.  should be granted the power to "judge individual liabilities" that occur as a result of international offenses which are "a threat to world peace." (190) Although this idea died, and there currently is no universally recognized definition for terrorism, (191) similar requests to include certain acts of terrorism as international crimes have been expressed in the international forum. (192)

One example occurred in 1994, when the U.N. General Assembly passed a Resolution named "Measures to Eliminate International Terrorism Noun 1. international terrorism - terrorism practiced in a foreign country by terrorists who are not native to that country
act of terrorism, terrorism, terrorist act - the calculated use of violence (or the threat of violence) against civilians in order to attain
." (193) This Resolution provided a general definition of terrorism Few words are as politically or emotionally charged as terrorism. A 1988 study by the US Army[1] counted 109 definitions of terrorism that covered a total of 22 different definitional elements.  and stated:
   Criminal acts intended or calculated to provoke a state of terror
   in the general public, a group of persons or particular persons for
   political purposes are in any circumstance unjustifiable, whatever
   the considerations of a political, philosophical, ideological,
   racial, ethnic, religious or any other nature that may be invoked
   to justify them. (194)


In the preface pref·ace  
n.
1.
a. A preliminary statement or essay introducing a book that explains its scope, intention, or background and is usually written by the author.

b. An introductory section, as of a speech.

2.
 to this Resolution, the U.N Secretary General, Kofi Annan Kofi Atta Annan (born April 8, 1938) is a Ghanaian diplomat who served as the seventh Secretary-General of the United Nations from January 1 1997 to January 1 2007, serving two five-year terms. He was the co-recipient of the Nobel Peace Prize in 2001. , emphasized how important it is for the international community to try acts of terrorism. (195) Additionally, it appears from the "Measures to Eliminate International Terrorism" Resolution that the U.N. General Assembly believes that to properly combat terrorist acts, universal jurisdiction must be provided over terrorist criminals regardless of their position. (196) The Security Council again deplored acts of terrorism in Resolution 1373 on the international cooperation to combat threats to international peace and security caused by terrorist acts. The resolution condemns international acts of terrorism and reinforces the idea that acts of terrorism constitute a threat to "international peace and security." (197)

Currently, several multilateral anti-terrorism conventions exist that focus on the domestic enforcement of terrorism through international cooperation. (198) Additionally, acts of transnational terrorism, like the Hariri assassination, are becoming a serious problem. (199) Accordingly, defining terrorism as an international crime in an effort to bring offenders to justice is now a priority in nations across the globe. (200) However, none of the mentioned conventions specifically refer to terrorism as an international criminal offense. (201) Although terrorism is not explicitly defined as an international crime through treaties, the international condemnation Condemnation
bell, book, and candle

symbols of Catholic excommunication rite. [Christianity: Brewer Note-Book, 85]

Bridge of Sighs

passage from Doge’s court to execution chamber in Renaissance Venice. [Ital. Hist.
 of terrorist crimes described above suggests a trend in customary international law is emerging that defines certain egregious acts of terrorism as international crimes.

d. Terrorism as defined through customary international law

As previously mentioned, principles that are considered customary international law are those which are broadly accepted by the international community, and require the legal obligations of enforcement from all nations. (202) Combating grave crimes through customary international law reflects the international community's interest in protecting higher norms of justice when these norms come into conflict with the rules of state official immunity. (203) Part III.C.6.c of this Note provided several examples of when the international community accepted the need to combat terrorism. (204) In addition, the U.N. General Assembly stated "any acts of terrorism are criminal and unjustifiable regardless of motivation, whenever and by whomsoever whom·so·ev·er  
pron.
The objective case of whosoever.
 committed and are unequivocally condemned." (205) There were also proposals to include terrorist crimes in the ICC statute. (206) Currently, the Security Council requires member nations of the United Nations to "accept and carry out" resolutions that combat "terrorism," but have yet to define what those terms mean. (207)

A few national courts have also recently expressed support for an exception to state official immunity protections when crimes are so egregious that not prosecuting the individuals allegedly responsible would violate widely understood norms of justice. (208) These domestic court cases lend support to the ability to define terrorism as a stricto senso international crime. Included in these national cases is a case from the United States, Siderman de Blake v. Republic of Argentina, the United States 9th Circuit Court of Appeals held that international law does not recognize an act of torture as a sovereign act with immunity protections. (209) However, critics may point to the Qaddafi case (210) and claim that unlike the torture in the Siderman case, the Hariri attack, which took the lives of 22 individuals by car bomb, is not extreme enough to be defined as "international."

In the Qaddafi case, the leader of Liberia, Muammar Qaddafi (Qaddafi), was sued in France for his government's participation in a terrorist bombing. (211) The attack, which was claimed to be lead by the Liberian Government, resulted in the crash of a French UTA uta

see leishmaniasis.
 aircraft over Africa, and the loss of the 171 lives. (212) The court held that no matter how severe Qaddafi's terrorist charge was, the act did not fall into one of the exceptions to immunity claims for current foreign Heads of State. (213) However, the court in its decision failed to give any explanation to why terrorism is not an international crime. (214) The lack of reasoning behind the court's decision reduces the weight of this case when used to determine if universal jurisdiction should be provided to try egregious acts of terrorism. Apart from of the Qaddafi case, a general trend towards expanding the traditional list of stricto senso crimes to include additional grave offenses such as torture and particularly abhorrent acts of terrorism is emerging in national courts.

The obiter dictum [Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, "a remark by the way," which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the  of a recent unanimous Interlocutory Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the  Decision by the STL's Appellate Chamber supports the trend of categorizing terrorism as a stricto senso crime, and suggests that the Hariri assassination may be considered an "international" act of terrorism before the Special Tribunal for Lebanon, removing any immunity protections it's perpetrators would have otherwise been afforded. (215) The STL Statute dictates that the STL Chambers shall define crimes of terrorism using domestic Lebanese law. (216) However, the STL Appeals Chamber in the February 2011 Interlocutory Decision stated that the STL Justices may read the Lebanese law contained in the subject matter jurisdiction of the tribunal in the context of "international obligations undertaken by Lebanon with which, in the absence of very clear language, it is presumed any legislation complies." (217)

In the decision, the STL court also stated that although some critics claim otherwise, terrorism is a crime defined under international law, and this is reflected in the current widely accepted customary definition of terrorism, which is drawn from state practice and opino juris. (218) The STL Interlocutory Decision marks the first time that an international tribunal distinctly established a universal definition of terrorism under international law, (219) and the Decision set out three elements in this new "customary law" definition of terrorism:
   (i) the perpetration of a criminal act (such as murder, kidnapping,
   hostage-taking, arson, and so on), or threatening such an act; (ii)
   the intent to spread fear among the population (which would
   generally entail the creation of public danger) or directly or
   indirectly coerce a national or international authority to take
   some action, or to refrain from taking it; (iii) when the act
   involves a transnational element. (220)


When applying the facts of the Hariri assassination to the customary international law definition of terrorism provided in the Interlocutory Decision, it appears that the car bombing that took the life of Rafiq Hariri and 22 others satisfies the first element of the definition, which requires the "perpetration per·pe·trate  
tr.v. per·pe·trat·ed, per·pe·trat·ing, per·pe·trates
To be responsible for; commit: perpetrate a crime; perpetrate a practical joke.
 of a criminal act". (221) Additionally, that the first option of the second element of the definition, requiring the intent of the perpetrators to be the creation fear among the population, will likely be satisfied. Specifically, because the car bomb resulted in the death of 22 individuals in addition to Hariri, and this causality causality, in philosophy, the relationship between cause and effect. A distinction is often made between a cause that produces something new (e.g., a moth from a caterpillar) and one that produces a change in an existing substance (e.g.  toll could possibly be considered the creation of a "public danger." (222) The court held that the means of attack used in crimes being tried before the STL need not be evaluated when deciding if an attack is considered terrorism or murder under the STL's jurisdiction. (223) This will provide the court expansive discretion when determining if crimes under the STL's jurisdiction meet the first option of the second element. Specifically, because the holding now allows those crimes committed using rifles or handguns which that at fast glance appear do not cause a danger to the general population, to meet the first option of the second element. Something that is contrary to domestic Lebanese case law defining terrorism. (224)

Alternatively, the second option of the second element may be satisfied under this definition if the perpetrators intended to use the attack to directly or indirectly coerce the Lebanese Government to take some form of action. (225) The actual intent of the perpetrators as required in both options of element two ultimately would only be determined when evidence is produced at trial. Finally, the third element of the "international" terrorism definition expressed by the Interlocutory Decision requires that the Hariri assassination involved a transnational element. (226) The ability of the Hariri attack to meet this element, like the second element if the definition, is something that will only be determined after the production of evidence at trial.

Additionally, although it appears that the STL Appellate Chamber through the Interlocutory Decision confirmed a general definition of terrorism under international law, (227) the extent that the Chamber will read the Lebanese Law in the context of the customary international law definition of terrorism for the Hariri attack, will only be determined by subsequent STL jurisprudence jurisprudence (jr'ĭsprd`əns), study of the nature and the origin and development of law. . (228)

Even if the Hariri act of terrorism does not fall into the customary international law definition of terrorism created by the STL Chambers in the Interlocutory Decision, some acts of terrorism may also be considered international crimes against humanity. This categorization occurs because the acts of terrorism are intrinsically grave and have particularly odious consequences on the lives and assets of innocent civilians.

e. The Hariri assassination: Can terrorism be considered a crime against humanity In international law a crime against humanity is an act of persecution or any large scale atrocities against a body of people, and is the highest level of criminal offense. ?

While the STL does not explicitly include crimes against humanity in its subject matter jurisdiction, certain egregious acts of terrorism, like the Hariri assassination, can be categorized as a crime against humanity under the category of "other inhumane in·hu·mane  
adj.
Lacking pity or compassion.



inhu·manely adv.
 acts" and should be considered stricto senso international crimes that are not afforded immunity protections. (229) In Prosecutor v. Stanislav Galic, the ICTY held that "the prohibition against terror is a specific prohibition within the general prohibition of attack on civilians. [The latter of which constitutes a] peremptory norm A peremptory norm (also called jus cogens, Latin for "compelling law") is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted.  of customary international law." (230) This holding supports the idea that singular acts of terrorism which are a part of a greater widespread systematic attack on a civilian population may be considered crimes against humanity.

In order for the Hariri assassination to be considered a crime against humanity, it must have been part of a greater set of criminal acts that when taken together equate e·quate  
v. e·quat·ed, e·quat·ing, e·quates

v.tr.
1. To make equal or equivalent.

2. To reduce to a standard or an average; equalize.

3.
 to (1) a "widespread or systematic" attack that is (2) "directed against [a] civilian population." (231) The established international jurisprudence considers a "widespread attack" as one directed against a multiplicity of victims. In contrast, the term "systematic attack" has a higher threshold and for acts to fall under the definition of a "systematic attack," the crimes must be orchestrated or·ches·trate  
tr.v. or·ches·trat·ed, or·ches·trat·ing, or·ches·trates
1. To compose or arrange (music) for performance by an orchestra.

2.
 by virtue of a preconceived pre·con·ceive  
tr.v. pre·con·ceived, pre·con·ceiv·ing, pre·con·ceives
To form (an opinion, for example) before possessing full or adequate knowledge or experience.
 plan or policy. (232) The policy does not have to be adopted formally as the policy of a state, but there must exist some kind of preconceived plan or policy for terror or violence at a high level of state politics. (233)

It is not clear whether the Hariri assassination was part of a larger widespread "systematic attack." In any case, this attack could only be qualified as such if it is proven that it was directed against the Lebanese people as part of a larger political policy of repression and fear.

A set of factors can be used to determine if the Hariri assassination truly was "systematic in nature." The factors established by international jurisprudence include: (1) The existence of a underlying policy of terror that targets a specific community as defined by the scale or the repeated, unchanging un·chang·ing  
adj.
Remaining the same; showing or undergoing no change: unchanging weather patterns; unchanging friendliness.
, and continuous nature of violence committed against a particular civilian population; (2) the creation of specific institutions to implement the policy of terror; (3) an extensive level of involvement of high-level political or military authorities in the underlying plan and the specific attack; and (4) the employment of considerable financial, military, or other resources to implement the policy and attack. (234)

Individuals responsible for the Hariri attack may argue that the bombing was not part of a systematic attack on the civilian population of Lebanon, but was, for example, an isolated political event. They may also additionally argue that the ICTY--a truly international tribunal--requires that crimes against humanity must take place in "armed conflict." (235) However, the U.N. Secretary General states in his report on the ICTY statute that crimes against humanity are "prohibited regardless of whether they are committed in an armed conflict, international or internal in character." (236) This statement supports the idea that no matter the surrounding circumstance, acts that meet a certain level of atrocity should be considered crimes against humanity. The report also observes that inhumane acts have to be "committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds," (237) countering any argument that a political attack cannot be considered a crime against humanity.

The ICTY supported the ideas expressed in the U.N. Secretary General's report in the Galic holding. In Galic, the ICTY held that an attack that is expressly intended to provoke terror in the civilian population or the political structure of a nation does not comport See COM port.  with the laws and customs of war, and is a crime against humanity. (238) The ICTR likewise echoed this sentiment in the Akayesu. In Akayesu, the ICTR stated that acts of violence intended to create terror in the civilian population are crimes against humanity and do not require special intent. (239) Specifically, these types of acts "are prohibited regardless of whether they are committed in an armed conflict, international or internal in character." (240) The violent car bomb attack that took the life of the Lebanese public figure former Prime Minister Hariri, may be considered part of a greater scheme of attacks that were meant to provoke terror both in the Lebanese civilian population and in the Lebanese political scheme. (241) In addition, several Lebanese journalists who are public figures in the nation, amongst other victims of targeted and non-targeted attacks that occurred in Lebanon, have been maimed maim  
tr.v. maimed, maim·ing, maims
1. To disable or disfigure, usually by depriving of the use of a limb or other part of the body. See Synonyms at batter1.

2.
 or murdered in attacks. (242) According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 certain sources, these journalists were known for supporting Lebanese independence through their journalistic jour·nal·is·tic  
adj.
Of, relating to, or characteristic of journalism or journalists.



journal·is
 mediums. (243) The resulting feelings from these attacks may also have contributed to creating widespread fear and self-censorship among journalists and Lebanese citizens. (244) Former Lebanese Prime Minister Fouad Siniora expressed to global news outlets that "there is no doubt" that the attacks on the journalists and others are related in some manner to the Hariri assassination. (245)

Although crimes against humanity are not an explicit charge provided for in the STL statute, it appears that the Hariri terrorist attack may possess several of the characteristics required for this form of international crime. The underlying possible policy of terror orchestrated by an undetermined group, the potential amount of resources exerted to commit the attacks leading up to Hariri's attack, and Hariri's assassination itself, may fulfill the threshold for the first and second factors required for the assassination to be considered a crime against humanity. Only factual evidence brought before the court at the STL will determine if these factors, and in particular factor three, an extensive level of involvement of high-level political or military authorities from any country in the underlying plan and the specific attack, in fact is met, should a crime against humanity be charged. The possibility that the Hariri assassination and other associated attacks being tried by the STL are crimes against humanity would allow for the STL Chambers to rule that the assassination was an international crime of terrorism. Allowing for the STL to eliminate claims of high-ranking state official immunities, if necessary.

IV. CONCLUSION

The STL should be considered "international" enough to eliminate high-ranking state official immunities. The tribunal has a parallel level of authority vested to it, and is characteristically very similar to international U.N.-created hybrid tribunals. Although terrorism is not a universally recognized "international" crime to date, and has never been the sole international criminal subject matter jurisdiction of a U.N.-sponsored tribunal, the STL is a groundbreaking international criminal court. Considering the circumstances surrounding the Hariri assassination and the recent developments in international law, it is likely that this institution will pave PAVE Cardiology A clinical trial–Post AV Node Ablation Evaluation  the way in creating an international definition for crimes of terrorism. This will allow for the prosecution of perpetrators of acts of terrorism equally egregious as the Hariri assassination and surrounding attacks to be prosecuted, regardless of the official rank the perpetrators hold. Allowing U.N.-created tribunals to eliminate immunities for high-ranking state officials that commit extreme crimes of terrorism will ensure other global leaders are deterred from committing heinous crimes against innocent people in the future, further instilling in·still also in·stil  
tr.v. in·stilled, in·still·ing, in·stills also in·stils
1. To introduce by gradual, persistent efforts; implant: "Morality . . .
 the overall goals of justice underlying international law. Special Tribunal for Lebanon, (246) The International Criminal Tribunal for the Former Yugoslavia, (247) International Criminal Court for Rwanda, (248) Special Court for Sierra Leone The Special Court for Sierra Leone is an independent judicial body set up to "try those who bear greatest responsibility" for the war crimes and crimes against humanity committed in Sierra Leone after 30 November 1996 during the Sierra Leone Civil War. , (249) Extraordinary Chambers in the Courts of Cambodia, (250) and International Criminal Court. (251)
APPENDIX 1--INTERNATIONAL U.N.-CREATED TRIBUNALS: A
COMPARISON CHART

                STL (2007)       ICTY (1993)       ICTR (1994)

Mode of         Agreement        Imposed by        Imposed by
Establishment   between          Security          Security
                Lebanon and      Council under     Council under
                Security         Chapter VII       Chapter VII
                Council not      Powers            Powers
                Ratified in      Resolution        Resolution
                Lebanon,         827               955
                Security
                Council uses
                Chapter VII
                Powers to
                Impose
                agreement

Provision       No               Yes               Yes
Eliminating
High
Ranking
Official
Immunities
in Charter

Security        10 Approve, 5    15 Approve        13 Approve, 1
Council         Abstain                            Abstains, 1
Voting                                             Disapproves
Record

Title and       "Special"        "International"   "International"
Description     Tribunal for     Criminal          Criminal
                Lebanon          Tribunal for      Tribunal for
                                 Yugoslavia        Rwanda

Judicial        Majority         All               All
Composition     International,   International     International
                Minority
                National

Funding         Voluntary        Contributions     Contributions
                Contributions:   by All Member     by all Member
                49% Lebanon      States of the     States of the
                & 51% Other      UN as decided     UN as decided
                States           by budgetary      by budgetary
                                 bodies of the     bodies of the
                                 General           General
                                 Assembly          Assembly

Location        Headquarters:    The Hague,        Headquarters:
                The Hague,       Netherlands       Arusha,
                Netherlands                        Tanzania
                Field Office:                      Field Office:
                Beirut,                            Kigali, Rwanda
                Lebanon

Procedural      International    International     International
Methods of      Covenant on      Covenant on       Covenant on
the Court       Civil and        Civil and         Civil and
                Political        Political         Political
                Rights           Rights            Rights

Subject         Lebanese         War crimes,       War crimes,
Matter          Penal Code:      Genocide, and     Genocide, and
Jurisdiction    Terrorist        Crimes            Crimes
                Attacks and      Against           Against
                Assassinations   Humanity          Humanity

                SCSL (2002)         ECCC (2003)         ICC (2002)

Mode of         Bilateral           Bilateral           Multilateral
Establishment   Agreement/Treaty    Agreement/Treaty    Treaty, No
                between the         between the         Parties--
                Security Council    General             "Rome Statute
                and Sierra Leone,   Assembly and        of the
                endorsed by         Cambodia,           International
                Security Council    endorsed by         Criminal
                Resolution.         Security Council    Court"
                                    Resolution

Provision       Yes                 Yes                 Yes
Eliminating
High
Ranking
Official
Immunities
in Charter

Security        N/A                 N/A                 N/A
Council
Voting
Record

Title and       "Special" Court     "Extraordinary"     "International"
Description     for Sierra Leone    Chambers in the     Criminal
                                    Courts of           Court
                                    Cambodia

Judicial        Majority            Majority            All
Composition     International,      National,           International
                Minority National   Minority
                                    International

Funding         Voluntary           Voluntary           Contributions
                Contributions of    Contributions of    by All Member
                UN Member           UN Member           States of the
                States              States              UN as decided
                                                        by budgetary
                                                        bodies of the
                                                        General
                                                        Assembly

Location        Freetown, Sierra    Phnom Penh,         The Hague,
                Leone               Cambodia            Netherlands
                Exception:
                Charles Taylor
                Trial: The Hague,
                Netherlands

Procedural      International       International       International
Methods of      Covenant on         Covenant on         Covenant on
the Court       Civil and           Civil and           Civil and
                Political Rights    Political Rights    Political
                                                        Rights

Subject         War crimes,         War Crimes,         War Crimes,
Matter          Crimes Against      Genocide, Crimes    Genocide,
Jurisdiction    Humanity and        Against             Crimes
                Domestic Crimes     Humanity and        Against
                (independent not    Domestically        Humanity, and
                linked to the       Defined Crimes      Crimes of
                domestic judicial   (linked to the      Aggression
                system)             domestic judicial


(1) The concept of creating an international definition for the crime of terrorism is addressed infra [Latin, Below, under, beneath, underneath.] A term employed in legal writing to indicate that the matter designated will appear beneath or in the pages following the reference.


infra prep.
 Part III.C.6

(2) See Melia Areal Bouhabib, Power and Perception: The Special Tribunal for Lebanon, 3 BERK. J. MIDDLE E. & ISLAMIC L. 173, 191-95 (2009).

(3) See Lindsey Raub, Note, Positioning Hybrid Tribunals in International Criminal Justice, 41 N.Y.U.J. INT'L L. &POE. 1013, 1013-14 (2009).

(4) Id.

(5) Larry D. Johnson, Lecture, UN-Based International Criminal Tribunals: How They Mix and Match, 36 DENV DENV Department of Environment (Canada) . J. INT'L L. & POL'Y 275, 276 (2008).

(6) Id. (countries include the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and Lebanon).

(7) See Cecile Aptel, Some Innovations in the Statute of the Special Tribunal for Lebanon, 5 J. INT'L CRLM. JUST. 1107, 1107-08, 1111 (2007); see also infra Part III.C.6.b for a further discussion of international stricto senso crimes.

(8) See Curtis A. Bradley & Jack L. Goldsmith, Pinochet and International Human Rights Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
, 97 MICH v. i. 1. To lie hid; to skulk; to act, or carry one's self, sneakingly.  L. REV. 2129, 2133-34 (1999).

(9) U.S. DEPT dept department . OF STATE BULLETIN, Report of Robert H. Jackson For the photographer, see .

Robert Houghwout Jackson (February 13, 1892–October 9, 1954) was United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954).
 to the President on Atrocities and War Crimes (June 7, 1945), available at http://avalon.law.yale.edu/imt/imt_jack01.asp.

(10) See MICHAEL P. SCHARF & MICHAEL A. NEWTON, Terrorism and Crimes Against Humanity, in LEILA SADAT, CRIMES AGAINST HUMANITY (forthcoming) (discussing prosecuting war crimes as a part of the "laws of humanity" in the Hague Conventions, renouncing war in the Kellogg-Briand Pact, and declaring wars of aggression as international crimes in the Geneva Protocol).

(11) Id.

(12) Statute of the Special Tribunal for Lebanon, S.C. Res. 1757, U.N. Doe. S/RES/1757 (May 30, 2007).The STL may try these crimes as they are defined under the Lebanese Criminal Code.

(13) Id. art. 2.

(14) Aptel, supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process.  note 7, at 1107-08, 1111.

(15) Id. at 1110.

(16) See generally Bouhabib, supra note 2.

(17) See generally id. (The STL was created by Security Council Resolution 1757 on May 30, 2007, and the agreement between Lebanon and the United Nations There is also a draft 2006 United Nations Security Council resolution on Lebanon. List of United Nations resolutions relating to Lebanon

Resolution Date Vote Concern
50 May 29, 1948 The draft resolution was adopted in parts.
 is annexed to Resolution 1757); see also Statute of the Special Tribunal for Lebanon supra, note 12.

(18) Bouhabib, supra note 2, at 12; see also Statute of the Special Tribunal for Lebanon, supra note 12.

(19) U.N. Secretary-General, Rep. of the Secretary-General pursuant to Security Council Resolution 1757 (2007) of 30 May 2007, U.N. Doe. Sl20071525 (Sept. 4, 2007).

(20) Id; see also U.N. SCOR SCOR Scientific Committee on Oceanic Research
SCOR Supply Chain Operations Reference model
SCOR Small Corporate Offering Registration
SCOR Specialized Center of Research (White Plains, NY)
SCOR Second Cousin Once Removed
, 62nd Sess., 5685th mtg., U.N. Doe. S/PV.5685 (May 30, 2007).

(21) S.C. Res. 1636, U.N. Doc. S/RES/1636 (June 3 l, 2005) (responding to the report of the United Nations International Independent Investigation Commission (S/2005/662) concerning its investigation into the February 14, 2005 terrorist bombing in Beirut, Lebanon, that killed former Lebanese Prime Minister Rafiq Hariri and 22 others, and caused injury to dozens of people).

(22) Press Release, Radhia Achouri, Special Tribunal for Lebanon Office of the Prosecutor, The Office of the Prosecutor of the Special Tribunal for Lebanon Responds to Speculations on its Work, Special Tribunal for Lebanon Press Release No.2010/003 (Mar. 26, 2010), available at http://www.stl-tsl.org/sid/183 (stating that any information regarding the indictment reported by individuals other than the Prosecutor or his Official Spokesperson is solely speculation); see also Arthur Blok, Exclusive to NOW Lebanon: Bellemare: No Indictment in September (Aug. 31, 2010), http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=198 004 (In this interview, Bellamare asserted that he is the only one who knows about the information on the indictment. He also referred to claims made by media sources regarding the indictment as "outrageous" and stated that unless, "they can read into my brain, everything else is just speculation.").

(23) William A. Schabas, The Special Tribunal for Lebanon: Is a "Tribunal of an International Character" Equivalent to an "'International Criminal Court"?, 21 LEIDEN J. INT'L L. 513,527 (2008).

(24) Id.

(25) See generally id. at 514 (looking to the subtopic's of Schabas's article for direction on factors used in determining if a court is "international"); see also INT'L CTR See click-through rate. . FOR TRANSITIONAL JUSTICE PROSECUTIONS PROGRAM, HANDBOOK ON THE SPECIAL TRIBUNAL FOR LEBANON 9-31 (2008), available at http://www.ictj.org/images/content/9/1/914.pdf (comparing and contrasting the STL to other international ad-hoc and hybrid tribunals, and displaying that there exists a strong precedent in international law for eliminating immunity claims when the accused individuals are being tried before international courts).

(26) Schabas, supra note 23 at 524-27. The author disagrees with Schabas and argues that provisions eliminating state official immunity and withdraw of the defense of official capacity are different concepts, specifically because both provisions protect high ranking officials from possible prosecution before the court as Schabas pointed out occurred in the Yeroida (Arrest Warrant Case-ICJ), Milosevic (ICTY), and Taylor (SCSL) cases (noting that some tribunals including the ICTY and SCSL have provisions eliminating the "official" defense.).

(27) See app. 1.

(28) International Military Tribunal (Nuremburg) Judgment and Sentences, as reprinted in 41 AM. J. INT'L L. 172, 221 (1946).

(29) Id.

(30) Id.

(31) Arrest Warrant of 11 April 2000 (Dem. Rep. of the Congo v. Belgium) [hereinafter here·in·af·ter  
adv.
In a following part of this document, statement, or book.


hereinafter
Adverb

Formal or law from this point on in this document, matter, or case

Adv. 1.
 Arrest Warrant], Judgment of 14 February 2002, ICJ Rep. 3 para. 61 (2002) (citing throughout how a Brussels court issued an arrest warrant for the incumbent minister of foreign affairs foreign affairs
pl.n.
Affairs concerning international relations and national interests in foreign countries.
 of Congo, Ahdulaye Yerodia Ndomhasi (hereinafter Yerodia) for crimes against humanity and other crimes under international law that violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 the 1949 Geneva Conventions for allegedly inciting the massacre of a Tutsi ethnic group in Kinshasa. The Democratic Republic of Congo claimed that immunity protections for Yerodia must be upheld because he was a current Minister of Foreign Affairs. The International Court of Justice enumerated positions that receive immunity protections including; Diplomats Some famous diplomats include: Afghanistan
  • Abdullah Abdullah
Algeria
  • Abdelaziz Bouteflika
  • Mohamed Seddik Benyahia
  • Lakhdar Brahimi
Argentina
  • Carlos Saavedra Lamas
Australia
  • Richard Alston
, Heads of State, Heads of Government, and Ministers of Foreign Affairs. Holding, in a final binding decision that the international circulation of an arrest warrant by Belgium violated the foreign minister's personal immunity from criminal prosecutions. Restricting the scope of immunity from criminal jurisdiction for an incumbent Minister for Foreign Affairs on the basis of international customary law.); See also Schabas, supra note 23, at 514.

(32) Arrest Warrant, supra note 31; see also Arrest Warrant, Judgment of 14 February 2002 (2001) (After defining the scope of immunities afforded to current high-ranking state officials, the court enumerated the exceptions to claims of immunity for both current and former high-ranking officials, including powers afforded to "certain international criminal courts.").

(33) Id. (stating that these courts do have jurisdiction over individuals from a third party state).

(34) Id. para. 61.

(35) Prosecutor v. Charles Taylor, Case No. SCSL-2003-01-I, para. 53 (May 31, 2004) [hereinafter Taylor].

(36) Id. para. 54.

(37) Taylor, Case No. SCSL-2003-01-I, Indictment, paras. 32-59 (March 7, 2003) (Count one of the indictment charged Mr. Taylor with Acts of Terrorism in violation of article 3 Common to the Geneva Conventions and of Additional Protocol II, allowing him to be punished under Article 3.d of the SCSL Statute.).

(38) Taylor, Case No. SCSL-2003-01-I, paras. 1-8 (May 21, 2004).

(39) Id. paras. 34-60; see also generally Arrest Warrant, supra note 31 (describing facts and holding of case); see also generally Regina v. Bow Street Bow Street is a thoroughfare in Covent Garden, Westminster London. It features as one of the streets on the standard London Monopoly board.

The area around Bow Street was developed by the Francis Russell, 4th Earl of Bedford in the 1630s.
 Magistrate Any individual who has the power of a public civil officer or inferior judicial officer, such as a Justice of the Peace.

The various state judicial systems provide for judicial officers who are often called magistrates, justices of the peace, or police justices.
, Ex parte [Latin, On one side only.] Done by, for, or on the application of one party alone.

An ex parte judicial proceeding is conducted for the benefit of only one party.
 Pinochet, [1999] 2 W.L.R. 827 (H.L.) (Authorities issued an international arrest warrant to apprehend the former head of state of Chile, Augusto Pinochet Augusto José Ramón Pinochet Ugarte[1] (November 25, 1915 – December 10, 2006) was President of Chile from 1974 to 1990, and head of the military junta from 1973 to 1974. , for allegations of torture during his time as Chile's head of state. United Kingdom (UK) officials arrested Pinoehet while he was visiting the UK and Spain then requested his extradition extradition (ĕkstrədĭsh`ən), delivery of a person, suspected or convicted of a crime, by the state where he has taken refuge to the state that asserts jurisdiction over him. . The Law Lords Law Lords
Noun, pl

(in Britain) members of the House of Lords who sit as the highest court of appeal

Law Lords nplCorte f Suprema 
 determined that customarily a former head of state such as Pinochet would be afforded immunity for acts of torture, however the court did not grant him immunity because Chile had ratified the Torture Convention of 1988 and consequently waived head of state immunity protections for acts of torture.).

(40) Taylor, Case No. SCSL-2003-01-I, para. 52 (May 31, 2004).

(41) See generally Schabas, supra note 23 (looking to the subtopic's of Schabas's article for direction on factors); See also generally INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25 (comparing and contrasting the STL to other international ad-hoc and hybrid tribunals throughout the handbook leading to several evaluative factors that are similar to those Sehabas points out in his article).

(42) See supra Part II.B. (referring to the STL as the first United Nations endorsed tribunal that: (I) will hear solely cases of crimes of terrorism and terrorism-related offenses, (2) with subject matter jurisdiction framed only with references to domestic law; and (3) who's statute does not eliminate state official immunity like other U.N.-created tribunals before it.).

(43) Johnson, supra note 5, at 276-77.

(44) Statute of the Special Tribunal for Lebanon, supra note 12.

(45) Johnson, supra note 5, at 276-77.

(46) Id.

(47) Id.

(48) Id.

(49) See VIRGINIA MORRIS AND MICHAEL P. SCHARF, THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA 82,87-88 (Transnational Publishers Inc. New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, NY 1998) (this peacekeeping power is consistent with the powers granted to the Security Council through the United Nations Charter).

(50) VIRGINIA MORRIS AND MICHAEL P. SCHARF, AN INSIDER'S GUIDE TO THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA 37 (Transnational Publishers Inc. New York, NY 1995).

(51) See generally Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone (Jan. 16, 2002), available at http://www.sc-sl.org/LinkClick.aspx?filetieket=CLk1rMQtCHg%3D&tabid=176.

(52) See generally Agreement Between the United Nations and the Royal Government of Cambodia Concerning the Prosecution Under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea Democratic Kampuchea (French:Kampuchea démocratique, Khmer: កម្ពុជាប្រជាធិបតេយ្យ  (June, 6 2003), available at http://www.eccc.gov.kh/english/agreement_image.aspx.

(53) Johnson, supra note 5, at 277.

(54) Id.; see also Statute of the Special Tribunal for Lebanon, supra note 12.

(55) PressTV, 'Justice, Main victim in Hariri tribunal' (Thursday January 13, 2011 9:38AM) (this article is a transcript of Press TV's interview with Daoud Khairallah, Georgetown University Georgetown University, in the Georgetown section of Washington, D.C.; Jesuit; coeducational; founded 1789 by John Carroll, chartered 1815, inc. 1844. Its law and medical schools are noteworthy, and its archives are especially rich in letters and manuscripts by and  professor of law), available at http://www.presstv.ir/detail/159941.html.

(56) See Bardo Bardo

blind antiquarian wrapped up in his scholarly annotations of the classics. [Br. Lit.: George Eliot Romola]

See : Scholarliness
 Fassbender, Reflections on the International Legality le·gal·i·ty  
n. pl. le·gal·i·ties
1. The state or quality of being legal; lawfulness.

2. Adherence to or observance of the law.

3. A requirement enjoined by law. Often used in the plural.
 of the Special Tribunal for Lebanon, 5 J. INT'L CRAM. JUST. 1091, 1093 (2007) (discussing the necessity of a country's formal parliamentary approval of an agreement in order for ratification The confirmation or adoption of an act that has already been performed.

A principal can, for example, ratify something that has been done on his or her behalf by another individual who assumed the authority to act in the capacity of an agent.
 to be valid); see also U.N. Charter ch. VII, available at http://www.un.org/en/documents/charter/chapter7.shtml (describing the peacekeeping powers of the Security Council).

(57) See Fassbender, supra note 56, at 1091-1104 (discussing how the Security Council intended to create a treaty by entering into force the U.N.-Lebanese annexed agreement to Resolution 1757, which created a court to try the Hariri assassination, and that this treaty is not valid because the Lebanese Parliament never actually ratified the agreement).

(58) U.N. Secretary-General, Rep. of the Secretary-General on the Establishment of a Special Tribunal for Lebanon, Addendum addendum n. an addition to a completed written document. Most commonly this is a proposed change or explanation (such as a list of goods to be included) in a contract, or some point that has been subject of negotiation after the contract was originally proposed by , U.N. Doc. S/2006/893/Add.1 (Nov. 21, 2006).

(59) MORRIS & SCHARF, supra note 49, at 79-82, 88-89 (discussing the Security Council's consideration of the disadvantages of each method of establishment when creating a tribunal).

(60) See Fassbender, supra note 56, at 1097-1100 (arguing that this is the only legally permissible per·mis·si·ble  
adj.
Permitted; allowable: permissible tax deductions; permissible behavior in school.



per·mis
 method to create a tribunal when the events leading up to the creation of the STL are taken into consideration).

(61) Charge d'affaires char·gé d'af·faires  
n. pl. char·gés d'affaires
1. A diplomat who temporarily substitutes for an absent ambassador or minister.

2.
 a.i, Letter dated 13 Dec. 2005 from the Charge d'affaires a.i of the Permanent Mission of Lebanon to the U.N. addressed to the Secretary-General, U.N. Doe. S/2005/783 (Dec. 13, 2005).

(62) See Press Release, Security Council, Security Council Authorized Establishment of Special Tribunal to Try Suspects in Assassination of Rafiq Hariri, U.N. Press Release SC/9029 (May 30, 2007) (describing the Lebanon Parliament's efforts to convene and approve the tribunal).

(63) See id.

(64) Prosecutor v. Taylor, Case No. SCSL-2003-01-I, Decision on Immunity from Jurisdiction, [paragraph][paragraph] 6-8 (May 31, 2004) [hereinafter Decision on Immunity from Jurisdiction].

(65) See id. [paragraph] 34 (stating that the legal status of the Special Court is a main issue in the motion); see also Prosecutor v. Kallon, Norman & Kamara, Case No. SCSL-2004-15-AR72(E), Decision on Constitutionality and Lack of Jurisdiction, [paragraph][paragraph] 3, 8, 10, 15 (Mar. 13, 2004) [hereinafter Decision on Constitutionality] (arguing that the Government of Sierra Leone acted unconstitutionally and had no lawful Licit; legally warranted or authorized.

The terms lawful and legal differ in that the former contemplates the substance of law, whereas the latter alludes to the form of law. A lawful act is authorized, sanctioned, or not forbidden by law.
 authority to enter into an agreement for the tribunal because it failed to secure the ratification by popular referendum: a process required by the country's constitution to bring a treaty into force).

(66) See Decision on Constitutionality, supra note 65, [paragraph][paragraph] 42-43, 49, 52-53 (stating that the Special Court is a treaty-based generis court of mixed jurisdiction and therefore not part of Sierra Leone's judiciary).

(67) See id. [paragraph] 50 (citing Article 1 l(d) of the Special Court Agreement which allows the Special Court to "enter into agreements with States as may be necessary for the exercise of its functions and for the operation of the Special Court.", allowing the Special Court to conclude treaties, a power that is unavailable to the national Sierra Leone courts.).

(68) See Prosecutor v. Taylor, supra note 64, [paragraph] 38 ("It is to be observed that in carrying out its duties under its responsibility for the maintenance of international peace and security, the Security Council acts on behalf of the members of the United Nations.").

(69) Id.

(70) Id.

(71) Marieke Wierda, Habib Nassar, & Lynn Maalouf, Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon, 5 J. INT'L CRIM CRIM Criminal
CRIM Computer Research Institute of Montreal
CRIM Centro de Recaudación de Ingresos Municipales (Municipal Internal Revenue Center, San Juan)
CRIM Centre de Recherche en Ingénierie Multilingue
. JUST. 1065, 1074 (2007).

(72) See INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 9, 13-14 (discussing the origins of the Special Tribunal for Lebanon and the events leading to Security Council Resolution 1757).

(73) U.N. Charter art., supra note 56, art. 39.

(74) Memorandum of Understanding Regarding the Modalities Modalities
The factors and circumstances that cause a patient's symptoms to improve or worsen, including weather, time of day, effects of food, and similar factors.
 of Cooperation, Leb.-Off. of the Prosecutor of the STL, SPECIAL TRIB TRIB Tributary
TRIB Tire Retread Information Bureau
Trib Chicago Tribune Newspaper
TRIB Transfer Rate of Information Bits (ANSI formula for calculating throughput)
TRIB Transmission Rate of Information Bits
. FOR LEB., available at http://www.stltsl.org/x/file/TheRegistry/Library/Cooperation/mou_otp- lebanon_en.pdf (last visited Apr. 17, 2011).

(75) Decision on Constitutionality, supra note 65, [paragraph] 50; see also Statute of the Special Tribunal for Lebanon, supra note 12, art. 7 (specifically these courts may, "enter into agreements with States as may be necessary for the exercise of its functions and for the operation of the Special Court.").

(76) See INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 35-36; see also Statute of the Special Tribunal for Lebanon, supra note 12.

(77) See INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 37 (discussing the limitations of enforcement powers for "hybrid" tribunals).

(78) Id. at 35-36.

(79) Statute of the International Criminal Tribunal for Rwanda para. 2, S.C. Res. 955, U.N. Doc. S/RES/955 (Nov. 8, 1994) (emphasis added).

(80) Statute of the Special Tribunal for Lebanon, supra note 12, at 2 (emphasis added).

(81) Id. art. 15 (emphasis added).

(82) See id. para. 4.

(83) See id. art. 15.

(84) See Statute of the International Criminal Tribunal for the Former Yugoslavia, S.C. Res. 827, art. 7, UN SCOR, 48th Sess., 3217th mtg., Annex, UN Doc. S/Res/827/Annex (May 25, 1993), reprinted in 32 I.L.M. 1192, 1194 ("The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility..."); see also Statute of the International Criminal Tribunal for Rwanda, supra note 79, art. 6; see also Statute of the Special Court for Sierra Leone, supra note 51, art. 6. (The Statute of the Special Court for Sierra Leone (2000) is annexed to this Agreement, available at http://www.scsl.org/LinkClick.aspx?fileticket=uClndlMJeEw%3d&tabid=176); see also Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea art. 29; see also The Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have , U.N. Doe. A/CONF.183/9, art. 27(July 17, 1998)[hereinafter The Rome Statute].

(85) Aptel, supranote 7, at 1110-11.

(86) Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal art. 7, Aug. 8, 1945, 58 Stat. 1544, 82 U.N.T.S. 280.

(87) ROSANNE VAN ALEBEEK, THE IMMUNITY OF STATES AND THEIR OFFICIALS IN INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL HUMAN RIGHTS LAW 209 (Oxford University Press Inc., New York 2008).

(88) Id.

(89) Agreement for the Prosecution and of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal, supra note 86, art. 7.

(90) Aptel, supranote 7, at 1108-11.

(91) See supra Part II (including in the list of stricto senso crimes, genocide, war crimes, and crimes against humanity).

(92) Aptel, supra note 7, at 1111; see also infra Part III.C.6.e.

(93) The Rome Statute, supra note 84, art. 27(1).

(94) Nsongurua J. Udombana, Pay Back Time in Sudan? Darfur in the International Criminal Court, 13 TULSA J. COMP. & INT'L L. 1, 39-40 (2005)(explaining that although the Draft Code is not binding authority in international law it is authoritative in defining international customary law); see also Article 7 of the International Law Commission's (ILC's) Draft Code of Crimes Against the Peace and Security of Mankind (1996) [hereinafter ILC ILC International Law Commission (United Nations)
ILC International Linear Collider
ILC Independent Living Centre
ILC Independent Living Center
ILC Industrial Loan Company
ILC International Land Coalition
 Draft Code].

(95) ILC Draft Code, supra note 94.

(96) Customary international law norms are those principles which: (1) are broadly accepted by the international community and (2) require the legal obligations of enforcement from all nations. See Jerrold L. Mallory, Resolving the Confusion Over Head-of-State-Immunity: The Defined Rights of Kings, 86 COLUM. L. REV. 169, 176-77 (1986).

(97) Mark A. Summers, Immunity of Impunity IMPUNITY. Not being punished for a crime or misdemeanor committed. The impunity of crimes is one of the most prolific sources whence they arise. lmpunitas continuum affectum tribuit delinquenti. 4 Co. 45, a; 5 Co. 109, a. ? The Potential Effect of Prosecutions of State Officials for Core International Crimes in States Like the United States that are Not Parties to the Statute of the International Criminal Court, 31 BROOK. J. INT'L L. 463, 485-86 (2006) (referring to the most heinous stricto senso crimes).

(98) Alebeek, supra note 87, at 209.

(99) The Security Council must vote to establish a tribunal under its Chapter VII powers. See U.N. Charter, supra note 56, art. 39.

(100) U.N. SCOR, 62nd Sess., 5685th mtg., U.N. Doc. S/PV.5685 (May 30, 2007).

(101) United Nations Bibliographic Information System, S.C. Res. 827 (1993) on establishment of the International Tribunal for Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law International humanitarian law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law,  Committed in the Territory of the Former Yugoslavia since 1991 (May 25, 1993) (stating that the United Nations voting record was Yes: 015, No: 000, Abstentions: 000, Non-Voting: 000, Total voting membership: 015), available at http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=129C2Q9040Y97.6203& menu=search&aspect=power&npp=50&ipp=20&spp=20&profil=voting&ri=& index=.VW&term=resolution&matehopt=0|0&oper=AND&x=18&y=3&aspect=power&index=. VW&term=827+&matchopt=-010&oper=AND&index=.AD&term=&matchopt=0|0&oper=AND&ind ex=BIB&term=&matchopt=0|0&ultype=&uloper=%3D&ullimit=&ultype=&uloper=% 3D&ullimit=&sort=.

(102) 3377 Meeting Record, Security Council, The Situation Concerning Rwanda, S/PV.3377 (May 16, 1994).

(103) U.N. SCOR 62nd Sess., supra note 100.

(104) Id.

(105) See generally Charge d'affaires a.i. of the Permanent Mission of Lebanon to the U.N., Letter Dated December 13, 2005 from the Charge d'affaires a.i. of the Permanent Mission of Lebanon to the U.N. addressed to the Secretary-General, U.N. Doe. S/2005/783 (Dee. 13, 2005).

(106) Id. (proposing Lebanon should have a UN backed court that is an "international or internationally assisted" tribunal based on an agreement between the United Nations and Lebanon to try those individuals responsible for the Hairi assassination.).

(107) Report of the Secretary-General pursuant to paragraph 6 of resolution 1644 (2005) U.N. Doe. S/2006/176 (2006).

(108) Id.

(109) Schabas, supra note 23, at 515.

(110) Id.

(111) See generally Report of the Secretary-General on the establishment of a special tribunal for Lebanon U.N. Doe. S/2006/893 (2006) (first mentioned in para.2 but discussed throughout the document).

(112) Id.

(113) Schabas, supra note 23, at 516 (including in the subject matter terrorism, crimes and offences against life and personal integrity, illicit associations and failure to report crimes and offences and referring to the Lebanese Criminal Code as the substantive law used by the court).

(114) See generally INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 9-31(comparing and contrasting the STL to other international ad-hoc and hybrid tribunals).

(115) A visual comparison of the analysis in this section is available in Ann. 1.

(116) See Schabas, supra note 23, at 514.

(117) Id.; see also Decision on Immunity from Jurisdiction, supra note 64.

(118) The court looked to several factors but did not mention that the name had any significance in distinguishing an "international" court from one that was not "international." See Decision on Immunity from Jurisdiction, supra note 64 (May 31, 2004); see also Schabas, supra note 23, at 514.

(119) Decision on Immunity from Jurisdiction, supra note 64, [paragraph] 42.

(120) This ensures that at least three-quarters of the judges in the Chambers of the STL are individuals from countries other than Lebanon. See Statute of the Special Tribunal for Lebanon, supra note 12, art. 8.

(121) Id.

(122) Johnson, supra note 5, at 275.

(123) Id.

(124) Id.

(125) See generally Statute of the Special Tribunal for Lebanon, supra note 12 (defining, throughout the different bodies of the tribunal and their functions).

(126) Id. art. 4.

(127) Id. art. 3.

(128) The STL panel included international judges, a U.N. Legal Counsel and the former president of the ICTR. INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 19.

(129) Id.

(130) Id.

(131) Statute of the Special Tribunal for Lebanon, supra note 12, art. 3(3) (The Lebanese Government must consult the Secretary-General and the Prosecutor in their selection process for the deputy prosecutor).

(132) INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 22.

(133) See also Statute of the Special Tribunal for Lebanon, supra note 12, art. 13.

(134) See INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 24.

(135) Id.

(136) Id.

(137) See also Statute of the Special Tribunal for Lebanon, supra note 12, art. 5.

(138) Johnson, supra note 5, at 279.

(139) Id.

(140) Id (A budgetary body in the General Assembly determines the exact percentage of the tribunal's reimbursement Reimbursement

Payment made to someone for out-of-pocket expenses has incurred.
 each member state must contribute).

(141) Id.

(142) Statute of the Special Tribunal for Lebanon, supra note 12, art. 5 (describing the financing of the Tribunal).

(143) AMNESTY INT'L, THE SPECIAL TRIBUNAL FOR LEBANON: SELECTIVE JUSTICE? 7 (2009), available at http://www.amnesty.org/enflibrary/info/MDE18/001/2009.

(144) Johnson, supra note 5, at 280.

(145) Id.

(146) INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 15-16 (using similar reasoning for new member participation in the Management Committee).

(147) Statute of the Special Tribunal for Lebanon, supra note 12, art. 6; see also INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 15-16.

(148) INT'L CTR. FOR TRANSITIONAL JUSTICE, supranote 25, at 16.

(149) Id. at 15.

(150) Id. (stating that the Secretary-General does not vote on Management Committee Decisions, but adds his advice to decisions and aids in overseeing the process).

(151) Id.

(152) Id.

(153) INT'L CTR. FOR TRANSITIONAL JUSTICE, supranote 25, at 15.

(154) Johnson, supra note 5, at 278.

(155) Id.

(156) Id.

(157) Id.

(158) Id. at 279 (noting that "the trial of Charles Taylor in the Sierra Leone tribunal is being held in The Hague, not in Freetown, the site of the tribunal").

(159) Id. (Referring to the Charles Taylor case being held in The Hague, Netherlands.)

(160) INT'L CTR. FOR TRANSITIONAL JUSTICE, supra note 25, at 12; see also Agreement between the United Nations and the Kingdom of the Netherlands concerning the Headquarters of the Special Tribunal for Lebanon, Dec. 21, 2007, available at http://www.stltsl.org/sid/130 [hereinafter Headquarters Agreement].

(161) See Statute of the Special Tribunal for Lebanon, supra note 12 (including upholding the rights of witnesses and victims).

(162) See generally Headquarters Agreement, supra note 160.

(163) Statute of the Special Tribunal for Lebanon, supra note 12, art. 8, [paragraph] 3.

(164) Johnson, supra note 5, at 275.

(165) Id. ("While other trials conducted by the United Nations-backed Special Court for Sierra Leone, SCSL, have taken place in Freetown, the court is trying Taylor at the premises of the International Criminal Court, ICC, in The Hague. The decision to locate the trial in The Hague was taken in the interests of keeping the peace in Sierra Leone and the wider region.").

(166) See Statute of the Special Tribunal for Lebanon, supra note 12 (including upholding the rights of witnesses and victims).

(167) Johnson, supra note 5, at 278.

(168) Id.; see generally Statute of the Special Tribunal for Lebanon, supra note 12.

(169) Sehabas, supra note 23, at 516-17.

(170) Id. at 517.

(171) Id. at 519; see also Statute of the Special Tribunal for Lebanon, supra note 12, art. 2.

(172) Schabas, supra note 23, at 517.

(173) See generally Statute of the Special Tribunal for Lebanon, supra note 12.

(174) Nidal Nabil Jurdi, The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon, 5 J.INT'L CRIM. JUST. 1125, 1126 (2007); see also Johnson, supra note 5, at 277-78 (the SCSL does have subject matter jurisdiction over domestic crimes, but actual SCSL prosecutions focus on crimes against humanity, violations of Article 3 of the Geneva Conventions and of Additional Protocol II, and other serious violations of international humanitarian Law. The domestic subject-matter jurisdiction of the SCSL has played a very small role in the court's trials).

(175) See Johnson, supra note 5, at 278 (the ECCC and the SCSL are a part of the their nations domestic court system. In contrast, the STL is a judicial body independent from the Lebanese legal system).

(176) See Schabas, supra note 23, at 516 (referring to the reference by the court of "certain international criminal courts" capable of eliminating high-ranking state official immunities).

(177) See Arrest Warrant, supra note 31 (dissenting opinion dissenting opinion n. (See: dissent)  of Judge Oda, [paragraph] 14).

(178) See Summers, supra note 97, at 486-89.

(179) See Schabas, supra note 23, at 516.

(180) See Arrest Warrant, supra note 31 (dissenting opinion of Justice Van den Wyngaret, [paragraph] 27) (although she notes a narrow approach is often taken in respect to immunity protections).

(181) Statute of the Special Tribunal for Lebanon, supra note 12, art. 2, see also Jurdi, supra note 174, at 1129 (specifically Articles 270, 271, 314, 335, 547, 548, and 549 of the LPC and Articles 2, 4, 5, and 6 of the Law dated January 11, 1958).

(182) Issam Michael Saliba, International Tribunals, National Crimes and the Hariri assassination: A Novel Development in International Criminal Law, THE LAW LIBRARY OF CONGRESS 5 (2007) (citing Legislative Decree 340 of 1943 (Leb.), art. 314), available at http://www.loc.gov/law/help/hariri/hariri.pdf.

(183) Id. (for a further discussion of how the Hariri attack created a state of fear among the Lebanese Population See infra Part III.C.6.e).

(184) Schabas, supra note 23, at 517.

(185) Aptel, supra note 7, at IIII; See supra Part II.A.

(186) Id. (as defined by the Lebanese criminal code).

(187) Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide homicide (hŏm`əsīd), in law, the taking of human life. Homicides that are neither justifiable nor excusable are considered crimes. A criminal homicide committed with malice is known as murder, otherwise it is called manslaughter. , Perpetration, Cumulative Charging, Case No. STL-11-01/I (Feb. 16, 2011), available at http://www.stl-tsl.org/x/file/TheRegistry/Library/CaseFiles/chambers/ 20110216_STL-1101_R176bis Second version. It means twice in Old Latin, or encore in French. Ter means three. For example, V.27bis and V.27ter are the second and third versions of the V.27 standard. _F0010_AC_Interlocutory_Decision_Filed_EN.pdf [hereinafter Interlocutory Decision].

(188) Bradley & Goldsmith, supra note 8, at 2134.

(189) Id. at 2133-34.

(190) SCHARF & NEWTON, supra note 10 (citing Voeau of the International Congress of Penal Law Concerning an International Criminal Court (Brussels, 1926), reprinted in Historical Survey of the Question of International Criminal Jurisdiction, Memorandum Submitted by the Secretary-General 74, UN Doc. A/CN.4/7Rev.1 (1949) (translating the original French text found in Premier congres international de droit [French, Justice, right, law.] A term denoting the abstract concept of law or a right.

Droit is as variable a phrase as the English right or the Latin jus. It signifies the entire body of law or a right in terms of a duty or obligation.
 penal, Actes du congres 634)).

(191) Kevin J. Greene, Terrorism as Impermissible im·per·mis·si·ble  
adj.
Not permitted; not permissible: impermissible behavior.



im
 Political Violence: An International Law Framework, 16 VT. L. REV. 461, 462 (1992) ("Terrorism has 'no precise or widely accepted definition.'").

(192) Id. (These requests have occurred on several occasions. One suggestion came from the French government to the League of Nations that the ICC would be the best forum for trying political crimes of an international nature, and an international convention on the suppression of terrorism should be created to initiate the process. In 1937, a Conference for the Repression of Terrorism met and collaborated to adopt a Convention of an International Criminal Court to address terrorist acts. Although this treaty was rejected the idea before it was ratified, every multilateral anti-terrorism convention adopted since has adhered to the pattern used by the Conference and has defined specific terrorist acts as violations of international law.).

(193) SCHARF & NEWTON, supra note 10.

(194) Measures to Eliminate International Terrorism, G.A. Res. 49/60, (Dec. 9 1994), para. 1.3 [hereinafter Measures to Eliminate International Terrorism].

(195) Id. at Preface.

(196) Id. at I.1.-2 (stating "the methods and practices of terrorism [are] criminal and unjustifiable-whoever commits them and wherever they occur.")

(197) See U.N. SCOR, 56th Sess., 438th mtg., U.N. Doc. S/RES/1373 (Sept. 28, 2001) (conferring about states' obligations to combat terrorism).

(198) Greene, supra note 191, at 467-71 (included but not limited to the European Convention on the Suppression of Terrorism, the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, and the Convention Against the Taking of Hostages Persons taken by an individual or organized group in order to force a state, government unit, or community to meet certain conditions: payment of ransom, release of prisoners, or some other act. .).

(199) SCHARF & NEWTON, supra note 10.

(200) IN.

(201) Saliba, supra note 182, at 5.

(202) See Mallory, supra note 96, at 176-77.

(203) See generally Arrest Warrant, supra note 32.

(204) See supra Part III.C.6.c.

(205) Measures to Eliminate International Terrorism, supra note 194.

(206) Schabas, supra note 23, at 520.

(207) SCHARF & NEWTON, supra note 10.

(208) See Erika de Wet, The Prohibition of Torture as an International Norm of Jus Cogens That body of peremptory principles or norms from which no derogation is permitted; those norms recognized by the international community as a whole as being fundamental to the maintenance of an international legal order.  and its Implications for National and Customary Law, 15 EUR EUR

In currencies, this is the abbreviation for the Euro.

Notes:
The currency market, also known as the Foreign Exchange market, is the largest financial market in the world, with a daily average volume of over US $1 trillion.
. J. INT'L L. 97, 106 (2004) (including other cases where sovereign immunity The legal protection that prevents a sovereign state or person from being sued without consent.

Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent.
 has been dissolved for especially heinous crimes. In Prefecture of Voiotia v. Federal Republic of Germany, a Greek court upheld a compensation claim against Germany for the massacre of 218 civilians and the destruction of their property by members of the S.S. in June 1944); see also Pasquale De Sena & Francesca De Vittor, State Immunity and Human Rights: The Italian Supreme Court Decision on the Ferrini Case, 16 EUR. J. INT'L L. 89 (2005) (where an Italian court in Ferrini v. Federal Republic of Germany upheld an Italian citizen's claim against German government officials for an incident where he was captured by German troops in the province of Arezzo and deported to Germany where he was forced to work for the war industry, considering this a war crime).

(209) Siderman de Blake v. Republic of n11/dcl0.htm.Argentina, 965 F.2d 699 (1992).

(210) See generally Gaddafi Case, Cour de cassation CASSATION, French law. A decision which emanates from the sovereign authority, and by which a sentence or judgment in the last resort is annulled., Merl. Rep. h.t. This jurisdiction is now given to the Cour de Cassation.
     2.
 [Cass.][supreme court for judicial matters] trim., Mar. 13, 2001, 125 I.L.R. 490 (Fr.).

(211) Salvatore Zappala, Do Heads of State in Office Enjoy Immunity from Jurisdiction for International Crimes? The Ghaddafi Case Before the French Cour de Cassation, 12 EUR. J. INT'L L. 595, 595-96 (2001) (specifically charged with murder for complicity com·plic·i·ty  
n. pl. com·plic·i·ties
Involvement as an accomplice in a questionable act or a crime.


complicity
Noun

pl -ties
 in a terrorist act); see also id.

(212) Id.; see also Gaddafi Case, supra note 210.

(213) Id. at 596; see also Gaddafi Case, supra note 210.

(214) Id. at 598; see also Gaddafi Case, supra note 210.

(215) Interlocutory Decision, supra note 187.

(216) Statute of the Special Tribunal for Lebanon, supra note 12, art. 1.

(217) Interlocutory Decision, supra note 187, [paragraph][paragraph] 19-20; see also Michael Scharf, Special Tribunal for Lebanon Issues Landmark Ruling on Definition of Terrorism and Modes of Participation, 15 ASIL Insights (March 4, 2011), http://www.asil.org/insights110304.cfm#_ednref5 (last visited Apr. 17, 2011).

(218) See Interlocutory Decision, supra note 187, [paragraph][paragraph] 83, 102 (stating that, "although it is held by many scholars and other legal experts that no widely accepted definition of terrorism has evolved in the world society because of the marked difference of views on some issues,

closer scrutiny reveals that in fact such a definition has gradually emerged."); see also Scharf, supra note 217.

(219) Scharf, supra note 217.

(220) Interlocutory Decision, supra note 187, [paragraph] 85.

(221) Id.

(222) See id. (stating that the first option of the second element would generally entail the creation of a public danger); see also generally, Statute of the Special Tribunal for Lebanon, supra note 12 (describing how the Hariri Assassination took the life of Rafiq Hariri and 22 others).

(223) Interlocutory Decision, supra note 187, [paragraph] 147; see also Scharf, supra note 217.

(224) Interlocutory Decision, supra note 187, [paragraph][paragraph] 59, 138, 145; see also Scharf, supra note 217.

(225) Interlocutory Decision, supra note 187, [paragraph][paragraph] 59, 138, 145; see also Scharf, supra note 217.

(226) Interlocutory Decision, supra note 187, [paragraph] 85.

(227) Scharf, supra note 217.

(228) Interlocutory Decision, supra note 187, [paragraph][paragraph] 19-20.

(229) See generally Statute of the Special Tribunal for Lebanon, supra note 12 (the term "Crimes Against Humanity" is never explicitly used); see also SCHARF & NEWTON, supra note 10.

(230) Prosecutor v. Stanislav Galic, Case No. IT-98-29-T, Judgment and Opinion, [paragraph] 98 (Int'l Crim. Trib. for the Former Yugoslavia Dec. 5, 2003), available at http://www.icty.org/x/ cases/galic/tjug/en/gal-tj031205e.pdf.

(231) Id. [paragraph][paragraph] 40-48; see also Rome Statue, supra note 84 (listing the following as crimes against humanity and proffering internationally accepted definitions of key terms within the specified offenses: murder; extermination extermination

mass killing of animals or other pests. Implies complete destruction of the species or other group.
; enslavement en·slave  
tr.v. en·slaved, en·slav·ing, en·slaves
To make into or as if into a slave.



en·slavement n.
; deportation deportation, expulsion of an alien from a country by an act of its government. The term is not applied ordinarily to sending a national into exile or to committing one convicted of crime to an overseas penal colony (historically called transportation).  or forcible forc·i·ble  
adj.
1. Effected against resistance through the use of force: The police used forcible restraint in order to subdue the assailant.

2. Characterized by force; powerful.
 transfer of population; imprisonment Imprisonment
See also Isolation.

Alcatraz Island

former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218]

Altmark, the

German prison ship in World War II. [Br. Hist.
 or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; rape, sexual slavery Sexual slavery is a special case of slavery which includes various different practices:
  1. forced prostitution
  2. single-owner sexual slavery
  3. ritual slavery, sometimes associated with traditional religious practices
, enforced prostitution prostitution, act of granting sexual access for payment. Although most commonly conducted by females for males, it may be performed by females or males for either females or males.  forced pregnancy, enforced sterilization sterilization

Any surgical procedure intended to end fertility permanently (see contraception). Such operations remove or interrupt the anatomical pathways through which the cells involved in fertilization travel (see reproductive system).
, or any other form of sexual violence of comparable gravity; persecution Persecution
Albigenses

medieval sect suppressed by a crusade, wars, and the Inquisition. [Fr. Hist.: NCE, 53]

Camisards

uprising of Protestant peasantry after the revocation of Edict of Nantes in 1685 was brutally suppressed by the
 against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; enforced disappearance of persons; the crime of apartheid
This article is about the crime of apartheid as defined in international law. For the system of racial segregation that formerly existed in South Africa, see History of South Africa in the apartheid era. For other uses, see Allegations of apartheid.
; other inhumane acts of a similar character intentionally in·ten·tion·al  
adj.
1. Done deliberately; intended: an intentional slight. See Synonyms at voluntary.

2. Having to do with intention.
 causing great suffering, or serious injury to body or to mental or physical health); see also Agreement for the Prosecution and of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal, supra note 86 (defining "crimes against humanity" as "murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated").

(232) Vincent-Joel Proulx, Rethinking the Jurisdiction of the International Criminal Court in the Post-September 11th Era: Should Acts of Terrorism Qualify as Crimes Against Humanity, 19 AM. U. INT'L L. REV. 1009, 1071-72 (2004) (the Akayesu decision defined the concept of "widespread," stating that it is "massive, frequent, large scale action, carried out collectively with considerable seriousness and directed against a multiplicity of victims." The court stated that a systematic crime "is thoroughly organized and following a regular pattern on the basis of a common policy involving substantial public or private resources").

(233) Id. at 273-74 (noting that even classified terrorist groups such as al-Qaeda could be held responsible for crimes against humanity).

(234) Prosecutor v. Goran Jelisic, Case No. IT-95-10-T, Judgment, [paragraph] 53 (Dec. 14 1999). The ICTY defined four factors used to determine the systematic character of an attack: (1) the existence of a political objective; (2) a plan pursuant to which the attack is perpetrated or an ideology behind the attack to destroy, persecute per·se·cute  
tr.v. per·se·cut·ed, per·se·cut·ing, per·se·cutes
1. To oppress or harass with ill-treatment, especially because of race, religion, gender, sexual orientation, or beliefs.

2.
 or weaken a community; (3) the undertaking of a criminal act on a very large scale against a group of civilians or the repeated and continuous commission of inhumane acts linked to one another; (4) the preparation and use of significant public or private resources, whether military or other; the implication of high-level political and/or military authorities in the definition and establishment of the methodical me·thod·i·cal   also me·thod·ic
adj.
1. Arranged or proceeding in regular, systematic order.

2. Characterized by ordered and systematic habits or behavior. See Synonyms at orderly.
 plan.

(235) Statute for the International Criminal Tribunal for the Former Yugoslavia, supra note 84, at 5 (enumerating the crimes of murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial, and religious grounds, and other inhumane acts for which the Tribunal shall have the power to prosecute).

(236) U.N. Secretary-General, Rep. of the Secretary-General Pursuant to Paragraph 2 of Security Council Resolution 808, [paragraph] 47, U.N. Doc. S/25704 (May 3, 1993).

(237) Id. [paragraph] 48.

(238) Prosecutor v. Stanislav Galir, Case No. IT-98-29-T, Judgment and Opinion, [paragraph][paragraph] 139-42 (Dec. 5 2003).

(239) Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgment, [paragraph][paragraph] 565, 568 (Sept. 28, 1998).

(240) Id.

(241) Akayesu, Case No. ICTR-96-4-T, supra note 239, [paragraph] 565; Statute of the Special Tribunal for Lebanon, supra note 12.

(242) Ann Cooper Committee to Protect Journalists

The Committee to Protect Journalists (CPJ)
, CPJ CPJ Committee to Protect Journalists
CPJ Citizens for Public Justice (Canada)
CPJ Center for Public Justice
CPJ Critical Path Job
CPJ Common Place Journal
CPJ Controlled Pipe Joints
CPJ Cooperative Programming in Java
CPJ Cd Project
 Urges UN to Expand Lebanon Inquiry to Include Journalist Attacks, COMMITTEE TO PROTECT JOURNALISTS (Oct. 11, 2005), available at http://cpj.org/2005/10/cpj-urges-un-to-expand-lebanon-inquiry-to-include.php (presenting the attacks against Samir Qassir who, on June 2, 2005 was killed in a car bombing outside of his home in Beirut and May Chidiac May Chidiac (Arabic:مي شدياق) (born 1964) is a Lebanese Christian Maronite journalist.

Chidiac is a television journalist at the Lebanese Broadcasting Corporation, where she was also one of the station's main television anchors until
 who, on Sept. 25, lost her leg and arm in a car bombing near the city of Jouneih, Lebanon).

(243) Id. (presenting the fact that bombing victim, Samir Qassir, had highlighted President al-Assad's inability to bring about real political reform in his writings and accordingly supported Lebanese independence).

(244) Id.

(245) Id.

(246) See Statute of the Special Tribunal for Lebanon, S.C. Res. 1757, U.N. Doe. S/RES/1757; see also U.N. SCOR, 62nd Sess., 5685th mtg., U.N. Doc. S/PV.5685 (May 30, 2007); see also Johnson, supra note 5, at 275-79 (2008); see also Nidal Nabil Jurdi, The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon, 5 J. INT'L CRIM. JUST. 1125, 1126 (2007).

(247) See Statute of the International Criminal Tribunal for the Former Yugoslavia, S.C. Res. 827, art. 7, UN SCOR, 48th Sess., 3217th mtg., Annex, UN Doc. S/Res/827/Annex (May 25, 1993); see also United Nations Bibliographic Information System, S.C. Res. 827 (1993) on establishment of the International Tribunal for Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (May 25, 1993) (stating that the United Nations voting record was Yes: 015, No: 000, Abstentions: 000, Non-Voting: 000, Total voting membership: 015), available at http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=129C2Q9040Y97.6203& menu=search&aspect=power&npp=50&ipp=20&spp=20&profile=voting&ri=&index=.VW &term=resolution&matchopt=0|0&oper=AND&x=18&y=3&aspect=power&index=.VW&te rm=827+&matchopt=-0|0&oper=AND&index=.AD&term=&matchnpt=0|0&oper=AND&ind ex=BIB&term=&matchopt=0|0&ultype=&uloper=%3D&ullimit=&ultype=&uloper=%3D& ullimit=&sort='; see also Johnson, supra note 5, at 275-79 (2008).

(248) See Statute of the International Criminal Tribunal for Rwanda para. 2, S.C. Res. 955, U.N. Doc. S/RES/955 (Nov. 8, 1994); see also 3377 Meeting Record, Security Council, The Situation Concerning Rwanda, S/PV.3377 (May 16, 1994); see also Larry D. Johnson, Lecture, UN-Based International Criminal Tribunals: How They Mix and Match, 36 DENV. J. INT'L L. & POL'Y 275-79 (2008).

(249) See Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone (Jan. 16, 2002), available at http://www.sc-sl.org/LinkClick.aspx?fileticket=CLk1rMQtCHg%3D&tabid=176; see also Larry D. Johnson, Lecture, UN-Based International Criminal Tribunals: How They Mix and Match, 36 DENV. J. INTL INTL International
INTL Internal
INTL Installer
 L. & POL'Y 275-79 (2008); see also Nidal Nabil Jurdi, The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon, 5 J. INT'L CRAM. JUST. 1125, 1126 (2007).

(250) See Agreement Between the United Nations and the Royal Government of Cambodia Concerning the Prosecution Under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea (June, 6 2003), available at http://www.eccc.gov.kh/english/agreement_image.aspx; see also Johnson, supra note 5, at 275-79 (2008); see also Nidal Nabil Jurdi, The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon, 5 J. INT'L GRIM. JUST. 1125, 1126 (2007).

(251) See The Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, art. 27(July 17, 1998); see also Johnson, supra note 5, at 275-79.

Heather Noel Doherty, Associate Editor, Case Western Reserve Journal of International Law The Case Western Reserve Journal of International Law is a legal journal produced by student editors at Case Western Reserve University School of Law in Cleveland, Ohio.

Three issues are published annually by student editors.
; B.A., International Markets and Governance and B.S., Public Management Indiana University Indiana University, main campus at Bloomington; state supported; coeducational; chartered 1820 as a seminary, opened 1824. It became a college in 1828 and a university in 1838. The medical center (run jointly with Purdue Univ.  (2007); J.D., Case Western Reserve University School of Law Case Western Reserve University Franklin Thomas Backus School of Law is the law school at Case Western Reserve University in Cleveland, Ohio. It opened in 1892, making it one of the oldest law schools in the country.  (expected 2011). I would like to thank Professor Michael Scharf for his continual academic support and contribution of knowledge on International Criminal Tribunals in completing my Note. The views expressed herein are those of the author and do not necessarily reflect the views of the STL.
COPYRIGHT 2011 Case Western Reserve University School of Law
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2011 Gale, Cengage Learning. All rights reserved.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Divided Loyalties: Professional Standards and Military Duty
Author:Doherty, Heather Noel
Publication:Case Western Reserve Journal of International Law
Date:Jan 1, 2011
Words:20450
Previous Article:Justice for all: protecting the translation rights of defendants in international war crime tribunals.
Next Article:Stem cell tourism: the challenge and promise of international regulation of embryonic stem cell-based therapies.
Topics:

Terms of use | Copyright © 2014 Farlex, Inc. | Feedback | For webmasters