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Monday 28 May RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online
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The Hague, Netherlands
The Hague, Netherlands

Substantial progress Special Tribunal for Lebanon

Published on : 28 March 2008 - 2:57pm | By Thijs Bouwknegt
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The UN Security Council hailed substantial progress in efforts to establish a tribunal to try suspects of the 2005 killing of Lebanese ex-premier Rafiq Hariri. More than 60 million dollars are now deposited or pledged for the court by the international community. UN investigators have identified several suspects, but no one has been charged yet.

The UN-backed Special Tribunal for Lebanon, which is to be headquartered in The Netherlands, can, in principle, start functioning. According to the UN, there is enough money available to run the court for at least one year. The Security Council on Thursday welcomed a report from Secretary-General Ban Ki-moon that showed he was making "substantial progress" in setting up the tribunal. The Council members took note of the signing of the Headquarters Agreement between the UN and the Netherlands, the appointment of the Canadian Prosecutor Daniel Bellemare, as well as a registrar and the establishment of a management committee.

Funding
The Council also welcomed the contributions and pledges received from Member States and expressed support for Ban Ki-moon's efforts to continue to seek funds. Under-Secretary-General for Legal Affairs, Nicolas Michel, said that 60.3 million U.S. dollars had been received so far - 34.4 million cash in hand and 25.9 million in pledges - from donor countries. This will cover the costs of starting the court's activities in the first year. Although the rise in funding brings the start-up of the court a step closer, officials still could not say when it would begin work.

No fixed date
There is no fixed date yet on which the tribunal would actually begin trying cases. This decision will be made by the Secretary-General after consultation with the Lebanese government and depending on progress in the investigations. UN investigators have already identified several suspects, but no one has been charged yet despite the fact that Lebanese authorities have been holding eight people in connection with the murder. The investigating panel's mandate is due to expire on 15 June this year but could be extended. Chief investigator Daniel Bellemare is expected to hand Security Council members an update today.

'Hariri' tribunal
Rafiq Hariri was assassinated along with 22 others in a car-bomb explosion in Beirut on 14 February 2005. One year later an Agreement between the United Nations and the Lebanese Republic established the Special Tribunal for Lebanon, or 'Hariri tribunal'.

The tribunal, which is housed in Leidschendam, is mandated to try those suspected of assassinating Hariri and causing the death and injury of others. Furthermore, if the tribunal finds evidence of other attacks of a similar nature or gravity in Lebanon after 1 October 2004, it has the power to try the persons responsible for such acts.

Crime of terror
The Hariri tribunal marks the first time an UN-sponsored criminal court will be trying a 'terrorist' crime against a specific person. It will be a 'hybrid' international court, similar to the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, with the important difference that it will not apply international law but Lebanese law. Among the crimes falling within the jurisdiction of the court are acts of terrorism, rebellion, civil war and interfaith struggle.

The court will include a trial chamber made up of three judges - two foreigners and one Lebanese and an appeals chamber of five judges - two Lebanese and three foreigners. The Judges for the tribunal have already been selected but for security reasons their names will not be disclosed until they hold their first meeting.

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