Trial Chamber rules on jurisdiction

The Trial Chamber confirmed the Special Tribunal for Lebanon's jurisdiction to try those accused of committing the 14 February 2005 attack and connected cases, in a decision published today.          

The Trial Chamber dismissed all the motions of the Defence Counsel, who argued that the Tribunal was set up illegally, violates Lebanese sovereignty, has selective jurisdiction and does not guarantee the accused a right to fair trial.      

The Trial Chamber's decision is subject to an appeal.      

The challenge to the Tribunal's jurisdiction is a preliminary motion that must be dealt with before trial begins. The Pre-Trial Judge recently set 25 March 2013 as the tentative date for the start of trial. The Defence Counsel in the Ayyash and others. Case filed motions in early May challenging the legality and jurisdiction of the STL. The Trial Chamber later held a hearing on 13 and 14 June to hear oral arguments from the Prosecution, the Defence Counsel and the legal representatives for victims.             

The Trial Chamber found that the defence motions are not challenges to jurisdiction but rather challenges to legality, or the validity, of the Tribunal. The challenges therefore do not fall within the definition of a preliminary motion.          

The Trial Chamber found that the United Nations Security Council established the STL when it passed Resolution 1757 in May 2007.             

"Resolution 1757 is the sole basis of establishing the Tribunal," the judges wrote in their decision, and Lebanon, as a member state of the United Nations has complied with its obligations under the Resolution.       

Because of this, the Trial Chamber found that it was not necessary to examine any issues in the Defence motions alleging violation of Lebanese domestic law.           

Furthermore, the Trial Chamber found that the state of Lebanon has never claimed a violation of its sovereignty.