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DOI 10.37749/2308-9636-2021-3(219)-6

Bazov O. V. Selected issues of jurisdiction and practice of the Special Tribunal of Lebanon.

In the context of globalization and integration, the study of the legal and institutional foundations for the creation and operation of international criminal courts of the «new wave», especially the Special Tribunal of Lebanon, is of great scientific and practical interest. The specified Tribunal, which was created in connection with the terroristic act committed on 14 February 2005 in Beirut, Lebanon, as a result of which the former Prime Minister Of Lebanon Rafic Hariri and other people were killed. On August 18, 2020, after fifteen years of judicial investigation, the Tribunal delivered its judgment in this international crime, namely the case of Ayyash et al. This case caused a great international resonance, which was associated with the peculiarities of the Trial, its organization and sentencing, and also by the fact that the verdict was passed in absentia.

The purpose of the article is to determine the legal and institutional framework of the Special Tribunal for Lebanon, as well as to analyze the practice of this international judicial body. The analysis of the case law of this tribunal is carried out taking into account its impact on the further development of international criminal justice and national legal systems.

It is important to note that in modern conditions of active development of the international criminal justice system in the field of view of the science of international law are international criminal courts of the so-called «new wave» or «third generation», the study of legal and institutional principles of which in particular, the activities of the Special Tribunal for Lebanon, which became the first judicial body with international and national components to have jurisdiction over cases of international terrorism.

Key words: international crime, international tribunal, jurisdiction, terrorism, responsibility.

 

References

  1. Judgment of the Trial Chamber of the Special Tribunal for Lebanon, Case Ayyash et al. (STL-11-01). Document reference: STL-11-01 / T / TC / F3839 / 20200818 / R331945-R224626 / en / dm.
  2. UN Security Council Resolution № 827 of 25 May 1993. UN document: publication at undocs.org/S/RES/827(1993).
  3. UN Security Council Resolution 955 of 8 November 1994. UN document: publication at undocs.org/S/RES/955(1994).
  4. UN Security Council Resolution 64 1664 of 29 March 2006. UN document: publication at undocs.org/S/1664(2006).
  5. UN Security Council Resolution 1757 of 30 May 2007 established the Special Tribunal for Lebanon: UN document S / RES / 1757 (2007), 30 May 2007.
  6. Addendum to the letter dated 13 December 2005 from the Chargé d’Affaires ai of the Permanent Mission of Lebanon to the United Nations addressed to the Secretary-General: United Nations document: S / 2005/783. New York: UN, 2005.
  7. UN Security Council Resolution 57 1757 of 30 May 2007. Publication on the official website of the Special Tribunal for Lebanon stl-tsl.org/en/documents/un-documents/security-council-resolution-1757.
  8. Prosecutor v. Dusko Tadic, International Criminal Tribunal for the Former Yugoslavia, Case No.: IT-94-1-A, Judgment Appeals Chamber, July 15, 1999.
  9. Brownlie I., Principles of Public International Law, 7th edn. (2008).
  10. Rome Statute of the International Criminal Court — publication on the official website of the United Nations. URL: un.org/en/law/icc/rome-statute.pdf.
  11. Rules of Procedure and Evidence of the Special Tribunal for Lebanon — publication on the official website of the Special Tribunal for Lebanon stl-tsl.org/files/documents/legal-documents/RPE.pdf.