Document Type : Original Article
Authors
1 Assistant Prof. Department of International Law, Faculty of Law, University of Qom.
2 University of Qom
Abstract
Abstract:
The Special Tribunal for Lebanon, as an international court that is considered among the third generation of international criminal courts and has the authority to issue judgments in absentia, in 2020 in the case of Salim Jamil Ayash and others, has issued a sentence of conviction and punishment. In the following article, the analysis of the performance of the Lebanese special court in issuing a sentence of conviction and sentence of punishment has been discussed. hypothesis in the following lines is that the said court did not follow the legal rules as it should be for an international court. In order to verify the proposed hypothesis, the present research has been carried out with a descriptive-analytical method and with regard to collecting mostly qualitative information in a library method. The following article, through the analysis of the court's performance in the above-mentioned case, has validated its hypothesis and shown that the special Tribunal for Lebanon acted weakly and without providing legal and reasonable arguments, with a superficial look at the events and not rules and with a selective approach, it has issued a sentence for conviction and similarly, it has acted very narrowly in issuing a sentence for punishment. This has never happened before in other decisions of international criminal courts. Criticism of this court procedure is the topic of the upcoming article.
Keywords
Perspective in International Criminal Law”, Journal of Law Quarterly, vol. 32, no. 2, pp.
23-44. (in Persian)
Beigzadeh, Ebrahim & Mirzadeh, Mona (2016). “Terrorism as an International Crime:
Special Tribunal for Lebanon’s Approach to Definition of International Terrorism”,
Pazhouheshhaye Hoghooghe Jaza va Jormshenasi, vol. 3, no. 6, pp. 5-36. (in Persian)
Salehi, Muhammad Khalil & Khosrowshah, Hasan (2018). “Trials in Absentia at the
Special Tribunal for Lebanon on the Basis of the International Human Rights”, Criminal
Law Doctrines, vol. 14, no. 14, pp. 119-144. (in Persian)
Ambos, Kai (2011). “Judicial Creativity at the Special Tribunal for Lebanon: Is There a
Crime of Terrorism under International Law?", Leiden Journal of International Law, vol.
24, pp. 655-675.
Jurdi, Nidal Nabil (2007). “The Subject-Matter Jurisdiction of the Special Tribunal for
Lebanon”, Journal of International Criminal Justice, vol. 5, pp. 1125-1138.
Marieke, Wierda; Nassar, Habib and Maalouf Lynn (2007). “Early Reflections on Local
Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon”, Journal of
International Criminal Justice, vol. 5, pp. 1065-1081.
Saul, Ben (2011). “Legislating from a Radical Hague: The United Nations Special Tribunal
for Lebanon Invents an International Crime of Transnational Terrorism”, Leiden Journal of
International Law, vol. 24, pp. 677-700.
Sloane, Robert (2007). "The Expressive Capacity of International Punishment: The Limits
of The National Law Analogy and The Potential of International Criminal Law", 43
Stanford Journal of International Law 39.
Wetzel, Jan Erik and Mitri, Yvonne (2008). “The Special Tribunal for Lebanon: A Court
“Off the Shelf” for a Divided Country”, The Law and Practice of International Courts and
Tribunals, vol. 7, pp. 81–114.
Assize Court of Beirut (2015). Decision No. 54 (extract), 28 January.
Assize Court of North Lebanon (2017). Decision No. 170 (extract), 12 April.
Court of Cassation of Lebanon (2016). Chamber 7, Decision No. 52 (extract), 11 February.
STL (2020). STL-11-01/S/TC, Prosecutor v. Ayyash, F3845, Prosecution Submissions on
Sentence, 1 September.
STL (2020). STL-11-01/S/TC, Prosecutor v. Ayyash, F3850, Ayyash Defence Observations
on Sentence, 25 September.
STL (2020). STL-11-01/S/TC, The Prosecutor v. Salim Jamil Ayyash, F3855, Sentencing
Judgment, 11 December.
STL (2020). STL-11-01/T/TC, Prosecutor v. Ayyash, Merhi, Oneissi and Sabra, F3839,
Judgment, 18 August.
UN (2007). S/PV.5685, Security Council, 5685th meeting on the Situation in the Middle
East, 30 May.
https://www.stl-tsl.org/en
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