Tag Archives: STL

STL Terminates Trial Against Mustafa Badreddine

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Mustafa Amine BadreddineYesterday, the Appeals Chamber of the Special Tribunal for Lebanon (STL) issued a decision in which it reversed the Trial Chamber’s decision to continue the trial against Mr Mustafa Amine Badreddine in the Ayyash et al. case and ordered the Trial Chamber to terminate the proceedings against Mr Badreddine.

By majority, the Appeals Chamber found that there was sufficient evidence presented before the Trial Chamber to prove the death of Mr Badreddine.

At the beginning of last month, the Trial Chamber decided that the trial against Badreddine could continue pending the receipt of further information from the government of Lebanon regarding the death of the Accused Mustafa Amine Badreddine. The Trial Judges did not believe that sufficient evidence had been presented to convince them that the death of Mr Badreddine has been proved to the requisite standard.

The trial in the Prosecutor v Ayyash et al. case will proceed against the remaining four accused.

Event: Legal Diversity and the Universal Vocation of International Law

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Court HammerDate: 2 June, 2016 - 9:30 to 17:00

Venue: Schouwburgstraat 2, 2511 VA Den Haag, Netherlands

McGill University’s Faculty of Law and the Grotius Centre for International Legal Studies, Leiden University, invite you to a one-day Symposium on the theme of legal diversity and the theory and practice of contemporary international law.

The speakers will be:

  • The Ambassador of Canada to the Netherlands, H.E. Sabine Nölke
  • Professor Daniel Jutras, Dean, Faculty of Law, McGill University
  • Judge Hisashi Owada, International Court of Justice
  • Hans van Loon, former Secretary General, Hague Conference on Private International Law
  • Alex Mills, Reader in Public and Private International Law, Faculty of Laws, UCL
  • Norman Farrell, Prosecutor, Special Tribunal for Lebanon
  • Justice David Baragwanath, Special Tribunal for Lebanon
  • James Stewart, Deputy Prosecutor, International Criminal Court
  • Justice Bertram Schmitt, International Criminal Court
  • Payam Akhavan, Associate Professor, McGill University Faculty of Law (and Counsel at PCA, ICJ, ECtHR, ITLS, ICC, ICTY)
  • Silke Studzinsky, Trust Fund for Victims, International Criminal Court (previously Extraordinary Chambers in the Courts of Cambodia (ECCC))
  • Sergey Vasiliev, Assistant Professor in Public International Law, Grotius Centre, Leiden University

The speakers will be asked to address one or more of the following themes:

  • Legal pluralism, legal diversity and international law: retrospective and prospective views; experiences from the practice of various Hague legal institutions; traditions of multiculturalism and legal pluralism (including the McGill Law Faculty educational method);
  • Human rights, peremptory norms, international legal standards and legal /cultural diversity;
  • “Cosmopolitan attitudes, methods & officials” in the practice of international law;
  • “Harmonious coexistence rather than obligatory universality” & universality through diversity;
  • The enrichment of international law through principles and approaches of diverse traditions / legal systems ;
  • Envisioning future pathways for international law / institutions in the light of global legal diversity.

Conference proceedings will be inspired in part by the works of the late Professors Patrick Glenn and Roderick Macdonald of McGill University, Faculty of Law, including their study of legal traditions of the world and legal pluralism, interlinked with Canadian traditions of multiculturalism.

For registration or additional information please email: [email protected]

The Ambassador of Canada, H.E. Sabine Nölke, will host a post-conference reception that evening, at the Canadian Official Residence (Groot Haesebroekseweg 44, Wassenaar), from 18:30 to 20:30.

Event: Trials in Absentia in International Criminal Justice

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IBADate: 8 June 2016 from 14:00-17:30

Venue: The Hague Institute for Global Justice, Sophialaan 10, The Hague, Netherlands

This event is organized by the International Bar Association.

The Keynote presentation will be delivered by the President of the Special Tribunal for Lebanon (STL), Judge Ivana Hrdlicková. 

Following the Keynote presentation, two panels of experts will discuss issues related to the theory and practice of trials in absentia: ‘Trials in absentia: human rights law & the judicial process’ (moderated by Dr Mark Ellis, IBA Executive Director) and ‘Effective representation & ethics in trials in absentia‘ (moderated by Ms Anne-Marie Verwiel, expert in international criminal practice).

 Topics to be addressed include

  • Issues related to the fairness of proceedings, including notice to the accused, the right to re-trial, and effective assistance of Counsel
  • The tensions between the promotion of the rule of law, fair trial rights and efficiency of proceedings
  • The future of trials in absentia in international criminal law

The panelists include Mr Geoffrey Robertson QC, the former President of the UN’s Special Court for Sierra Leone, Mr François Falletti, the former Chief Prosecutor of the Paris Court of Appeals, Dr Guido Acquaviva, the Deputy Registrar of the Kosovo Specialist Chambers, Ms Héleyn Uñac, Deputy Head of the Defence Office of the STL, as well as other international experts and practitioners with experience in in absentia trials, including at the Special Tribunal for Lebanon and the Bangladesh War Crimes Tribunal.

Participation is free of charge. However, prior registration is required to attend the event.

You can register by sending the name and email of all attendees to [email protected] before 25 May 2016.

For the full programme of the event, click here.

Event: Alliance Française - International Conferences

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alliance-françaiseThe Alliance Française in The Hague is hosting a series of conferences in French on “International Law and European Questions”.

The first one will take place on 20 February at the Alliance Française and will be given by Mr. Gregory Mounier from Europol. The focus will be on the combat against organised crime and terrorism in Europe - the role of Europol.

The second will take place on 29 May and will feature Ms. Heleyn Unac, deputy head of the defence office at the Special Tribunal for Lebanon. The lecture will focus on the defence of accused persons before the international criminal courts.

For further information, click here.

STL Does Not Have Jurisdiction for Contempt Cases Against Legal Persons

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Special Tribunal for Lebanon

Last week, the Contempt Judge Nicola Lettieri issued a Decision on a Motion Challenging the Special Tribunal for Lebanon’s jurisdiction. The motion was submitted by the Defence for NEW TV S.A.L and Karma Hohamed Tahsin Al Khayat and questioned whether the Tribunal could hear cases of contempt and obstructions against the proper administration of justice by legal persons (i.e. corporate entities).

The Contempt Judge ruled that although the Special Tribunal for Lebanon (STL) does not have jurisdiction to hear cases dealing with obstructions of justice against legal persons, it does retain jurisdiction to hear cases dealing with offences against the administration of justice against natural persons. This was held to be consistent not only with international case law, but also with Rule 60bis of the STL’s Rules of Procedure and Evidence.

Last year, information relating to confidential witnesses has been broadcasted in certain medias.

Following these events, the Registrar of the Tribunal appointed an amicus curiae. Based on reports by the amicus, the Contempt Judge concluded that there was prima facie evidence that justified proceedings for contempt.

Two journalists and two media organisations have been subsequently charged with contempt before the Tribunal.

Book Launch - “The Special Tribunal for Lebanon: Law and Practice”

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Special Tribunal for Lebanonby Doughty Street Chambers International

Date: 17 June 2014, 18:00 - 20:00

Venue: The Hague Institute for Global Justice, Sophialaan 10, 2514 JR The Hague, The Netherlands

Chair: Elizabeth Wilmshurst

Speakers:

  • Amal Alamuddin, Barrister, Doughty Street Chamber
  • Norman Farrell, Prosecutor of the Special Tribunal for Lebanon
  • John Jones QC, Barrister, Doughty Street Chamber, Defence Counsel at the Special Tribunal for Lebanon
  • Sir Keir Starmer KCB, QC, Barrister, Doughty Street Chamber, Former Director of Public Prosecutions for England and Wales

On 17 June 2014 The Hague Institute for Global Justice will host the book launch of “The Special Tribunal for Lebanon: Law and Practice”.

This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts.

The Tribunal is the UN’s first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region.

The court’s narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law.

Registration for this event is required. In order to reserve your place, please RSVP to [email protected] or contact Jennifer Noone or Furhana Mallick on +44 (0)20 7 404 1313.

STL Summons Journalists for Contempt

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Special Tribunal for Lebanon

The Special Tribunal for Lebanon

Two journalists and two media organisations have been charged with contempt before the Special Tribunal for Lebanon (STL).

Karma Mohamed Tahsin al Khayat from Al-Jadeed TV, as well as the station’s parent company New TV S.A.L., have been summoned to appear before the STL on two counts of Contempt and Obstruction of Justice. Ibrahim Mohamed Al Amin from Al Akhbar, as well as the newspaper’s parent company Akhbar Beirut S.A.L. have been summoned on one count of Contempt and Obstruction of Justice. The accused are being charged under Rule 60 bis (A) of the Rules of Procedure and Evidence and all the charges relate to the Ayyash et al. case.

Last year, information relating to confidential witnesses has been broadcasted in certain medias.

Following these events, the Registrar of the Tribunal appointed an amicus curiae. Based on reports by the amicus, the Contempt Judge concluded that there was prima facie evidence that justify proceedings for contempt.

In his decision, the Contempt Judge clarified that publishing purported names of witnesses may amount to interference with the administration of justice, because it reduces the confidence of both actual witnesses and the public, in the ability and the will of the Tribunal to protect its witnesses.

The accused may choose whether to appear at the court in person or by video-link.  The initial appearances of the accused are scheduled for 13 May 2014.