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Wednesday, February 23, 2011

Can Lebanon stop the Special Tribunal looking into the Hariri murder?

With the indictments for the murder of then-Lebanese Prime Minister Rafik al-Hariri currently under review by pre-trial Judge Daniel Fransen, Naharnet looks at the limited ability of whatever new Lebanese government takes power to legally stop the proceedings.
Western sources stressed that the Lebanese government did not have the authority to withdraw the judges from the Special Tribunal for Lebanon that will prosecute ex-Premier Rafik Hariri's suspected assassins.

"The judges were appointed by the U.N. secretary-general. That's why the Lebanese government cannot withdraw them," the sources told pan-Arab daily al-Hayat in remarks published Wednesday. "The judges could resign however," they said.

If Lebanon decides to stop funding the tribunal, then the issue would be discussed at the Security Council, the sources said.

They told the newspaper that funding was one of the major challenges facing the court and unveiled that the tribunal was seeking to find other channels in case Lebanon doesn't pay its dues by the end of April.

STL officials will meet with leaders of Gulf countries and will continue their consultations with American and European officials to convince them "to double their shares," according to the sources.

Turkey and Greece have already made commitments to provide funding to the court in the coming years, they said.

Asked about the arrest of suspects, the sources told al-Hayat: "The arrest of people in Lebanon goes back to the Lebanese government because the tribunal doesn't have its own police."

"A memorandum of understanding has been signed with the Interpol. So, If arrests were made, they (the suspects) would be brought to trial or else they would be tried in absentia," they said.

The sources stressed that people and not parties would be named in the indictment "because a crime is the responsibility of people."
So what will happen? Here are some of my thoughts.

First, although Hezbullah members will be indicted, they will never serve a day in jail.

Second, it won't matter. The point here isn't necessarily to punish the culprits (regardless of what's said above). The point is to expose to anyone willing to listen that Hezbullah is a ruthless terror organization.

Third, murdering judges to encourage their colleagues to resign (a tactic Hezbullah has used to deal with Lebanese MP's in the past) will not ameliorate Hezbullah's public relations problems.

Give Saad Hariri credit. He managed to stay alive and in power long enough to make sure the Tribunal is meaningful.

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