Trial Chamber holds hearing on STL jurisdiction

The Trial Chamber kicked off its Wednesday session to hear arguments from the Prosecution, the defense counsel and the legal representatives of victims on the jurisdiction of the Special Tribunal for Lebanon (STL) and the legality of its creation.    

The defense counsel for the four accused - Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra – in the case relating to the assassination of former Prime Minister Rafiq Hariri filed motions in early May challenging the legality and jurisdiction of the STL.      

The purpose of the hearing is to allow the participants to present their arguments following the recent response by the Prosecution, and the observations of the legal representatives of victims, both filed on 6 June. This will be the first time that the recently appointed legal representatives of victims and the defense counsel speak in a public hearing at the STL.

Antoine Korkmaz, counsel for Mustafa Badreddine argued that the STL was unlawfully established and that the Security Council abused its powers by adopting resolution 1757.

Korkmaz went on so say, that no threat against international peace and security existed when the UNSC adopted Resolution 1757.  “Such a threat may have existed in 2005 when the attack happened”, he said. He then added that even representatives who voted for the resolution did not discuss a threat to international peace and security and that the very basis of the discussion was political. “ The creation of the STL violated Lebanese law. It was not ratified by the Parliament, and the President did not negotiate the agreement”, he said.

For his part, Emile Aoun, counsel for Salim Ayyash said that the UNSC never used Chapter 7 in any of its resolutions on Lebanon, particularly in 2006 war.
"The UNSC chose one political side over another" Aoun said, adding that the UNSC's powers are not unlimited.

STL media advisory