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Posts Tagged ‘Special Tribunal for Lebanon’

Mere days after accusing the U.S. Embassy in Beirut of harboring spies, Hizbullah Secretary-General Hassan Nasrallah took the opportunity to react to the Special Tribunal for Lebanon’s indictment of four Lebanese citizens (at least two of whom have ties to the Party of God).

Greeting the STL… and Showing it the Door

In his speech, Nasrallah predictibly denounced the STL as a political instrument at the hands of the United States and Israel. First, Nasrallah guided Lebanese public through an interesting video montage that drew links between the STL and American intelligence services. It was especially surprising to see Robert Baer, of See No Evil/Syriana fame, pop up in the montage – but that’s besides the point, at least in this piece.

After his now-standard “powerpoint presentation,” Nasrallah turned his energies towards the STL’s problematic media leaks. In Hizbullah’s view, he made clear, these leaks were made by U.N. investigators to distort and tarnish the Party of God’s image.

That is, aside from noting the undeniable fact that media leaks can undermine the perception of judicial integrity, Nasrallah is trying to convince the enthralled masses that these leaks are part of an American-Israeli design against the party. (Of course, he failed to mention that his own allies, especially Interior Minister Marwan Charbel, were quick to publicly confirm information that the STL had requested they keep confidential. Just a thought.)

Finally, building upon the earlier criticisms, Nasrallah placed the STL squarely within the struggle his party has waged against Israel since the early 1980s. Basically telling his followers to take heart in the familiar, Nasrallah urged them to fight the STL ”bravely, firmly, and patiently.”

“That’s a Red Line, Son:” You’re Dancing in My Front Lawn

For all the quintessentially Lebanese sidestepping in Prime Minister Najib Mikati’s cabinet statement, Nasrallah has (again) made clear the limits of what his party will tolerate. It will be almost impossible for the Lebanese government to arrest these men (not that the current cabinet had its heart set on the matter).

And it will be just as difficult for March 14 to “oust” this government without the help of other Lebanese factions. The likely candidates – President Michel Sleiman and Druze leader Walid Jumblatt – are practically neutered and squarely within the pro-Syrian camp now, whether by choice or compulsion.

Back in 2008, a feeble and misguided attempt to challenge Hizbullah head-on triggered the hasty unraveling of the March 14 coalition as it then stood. Still struggling to pick up the pieces, March 14 continues to suffer from a leadership deficit: apparently under threat of assassination, former Lebanese Prime Minister Saad Hariri has been missing in action; the Phalange’s offerings suffer from internal incoherence and leave much to be desired; and, despite increasing his support within the Christian community, Lebanese Forces leader Samir Geagea has yet to escape his past.

Nasrallah has thrown down the gauntlet. It’s highly unlikely that anyone will, or can, step up.

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After six years of delay and anticipation, the Special Tribunal for Lebanon (STL) has issued the first of a series of indictments relating to the assassination of former Lebanese Prime Minister Rafic Hariri. According to an STL press release, Pre-Trial Judge Daniel Fransen has determined that Prosecutor Daniel Bellemare’s first indictment presents “prima facie evidence for this case to proceed to trial.”

Next Steps

The indictment’s contents will remain confidential for now – as confidential as possible in this day and age – to give Lebanese authorities the time and space to arrest the accused parties. Under U.N. Security Council 1757 (and its annexes), Lebanese authorities must now serve the suspects with the indictments, arrest and detain them, and finally transfer them into STL custody.

Lebanon has 30 days to “report to the STL” what measures it has taken. If the authorities fail to arrest anyone within that time frame, the STL can order a “public advertisement” demanding that the individuals appear before the court. At that point, the suspects would officially be known to all.

Clouds of Controversy

Of course, media leaks and public speculation will reveal quite a bit before then. Sources have already told The Daily Star that the indictment names four suspects - Mustafa Badreddine, Salim al-Ayyash, Hasan Aineysseh, and Asad Sabra – affiliated with Hizbullah.

Badreddine, the reported mastermind behind the attack, is a cousin and a brother-in-law of Imad Mughniyeh, a notorious Hizbullah commander who had disappeared for years before his assassination in 2008. According to The Daily Star, “Badreddine eventually replaced Mughniyeh as Hezbollah’s chief operations officer.” The connection is particularly interesting given speculation that Mughniyeh himself had been involved in the plot to kill Hariri.

Meanwhile, operating below Badreddine, it appears Ayyash ran the cell that executed the assassination in 2005. Aineysseh and Sabra’s roles have not received as much attention, but their alleged involvement was probably in the rank-and-file.

Speculation is not Adjudication… But What About Syria?

After all this time, and after all that has happened in Lebanon, it is easy to lose sight of the fact that speculative tid-bits do not make an indictment, an indictment does not make a trial, and a trial does not make a verdict.
 
Politicians will exploit the judicial process to cull together support or pressure their rivals. The Lebanese are no strangers to grand-standing. Commentators – on this blog, at Qifa Nabki, at The Daily Star, and elsewhere – will continue to weigh in as well.
 
It will be difficult to maintain the perception of judicial integrity with all the leaks and debates, but allowing the indictments and trials to speak for themselves is the best cure over the long term. After all, the STL draws its judges and staff from across the international arena; as with other international tribunals, their work will not be nearly as politicized as the commentary that surrounds it.
 
That said, resisting the urge to speculate about Syria’s role is all but impossible. Under pressure at home, the Asad regime retains much influence in Beirut. As long as it remains in power, the regime will influence events in Lebanon and in relation to the STL.
 
First, although Hizbullah will certainly have its say, Syrian behavior can frustrate or facilitate efforts to track down Lebanese suspects. Second, depending on the content of subsequent indictments, the regime might have to deal with another cut against it (Syrian officials are expected to be named). Third, at the broader level, given the current Lebanese government’s composition, Syria has a proxy in Beirut that may give lip-service to the notion of cooperating with international investigators while dragging its heels as long as possible.
 
Will the Asad regime play ball in hopes of easing international pressure? Or will it conclude that now, more than ever, it needs the support of Iran and Hizbullah? How will the Lebanese themselves, particularly Sunnis and Shiites, react to the indictment? One thing is certain: however these events play out, passions will flair as the STL paints the past and shapes the future of Lebanon and the Levant.

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On this blog, I’ve repeatedly outlined why the Special Tribunal for Lebanon (STL), which the U.N. Security Council established under its Chapter VII authority, is legally binding in terms of international law and Lebanese constitutional law. As such, efforts to impede the STL’s progress may succeed in slowing down the investigative and trial processes, but cannot but the genie back in the bottle.

For a similar take on things, please read this short report by The Daily Star-Lebanon, which asked legal experts to weigh in on the question. In essence, the consensus reflects what I’ve been arguing here.

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March 14 partisans across the country, particularly Sunni supporters of former Lebanese Prime Minister Saad Hariri, have been protesting what they believe is a political coup by Hizbullah. Earlier today, Najib Mikati, a billionaire Sunni politician from the northern city of Tripoli, secured enough votes to head Lebanon’s  next government. Although Mikati had emerged as the Hizbullah-led March 8 coalition’s candidate for the premiership, he has denied being “Hizbullah’s man.”

In any case, the March 14 coalition and its Western backers fear that a Hizbullah-controlled government, even under the guise of a “national-unity” cabinet, could distance or even isolate Lebanon from the West and from the Special Tribunal for Lebanon (STL), a U.N. judicial body established to investigate the assassination of former Lebanese Prime Minister Rafic Hariri and other Lebanese politicians and citizens.

March 14 has called for protests in support of Hariri and the STL. Meanwhile, Sunni law-makers have called for a “Day of Rage” across Lebanon. Protesters have assembled peacefully in some places, but have burned tires, closed roads, and fired shots in others. All in all, fears of Sunni reactions against yet another embarrassment of Hariri only complicate the future of a country already bracing itself for a Hizbullah reaction to the imminent publicization of an STL indictment.

Here are some pictures and videos of Lebanon’s “Day of Rage.”

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Another premium selection from 2010′s Christmas Conversations…

Family Member 1

“Fuck politics. Lebanon is good for arak and kibbeh nayyieh. [The Lebanese] have been killing each other for generations. We’ve had a damn crisis every ten years or so. But we’ve still got our kibbeh nayyieh, arak – and tabbouleh and hummus – and that’s just fine by me.”

(No comment, except to say that I agree in a roundabout way.)

“Hizbullah might have killed Hariri, but it is ridiculous to argue that the Syria did not play a central role. The Syrian regime or elements of the security services probably arrange d for the attack, with Iranian approval probably being needed for Hizbullah’s possible involvement.”

(It is my view that the Syrian regime orchestrated Hariri’s assassination. Over the past few months, speculation of Hizbullah’s involvement has grown. While the involvement of members of Hizbullah may not be surprising, given how Syria operates in Lebanon, there is no publicly available evidence pointing in either direction. Once the STL indictment comes out, it will be possible to assess possible liability.)

“Geagea won’t be president unless Lebanon goes to war again. Or unless there’s some sort of plan to move against Hizbullah. He might have a shot then, but there’s no way he’ll be a peacetime president anytime soon.”

(I agree that Geagea will have difficulty ascending to the presidency anytime soon. I understand why people think Geagea might find his way to the presidency if Lebanon returns to war, but I have never fully grasped how this would happen. Does this rest on resurrecting the Lebanese Forces militia? Would this be part of a “regional project” or would local actors take matters into their own hands and bank on drawing foreign support in?)

“Michel Aoun? The man was a nobody – a complete unknown – in 1988. [Former President and Phalange Party leader] Amine Gemayel put him in government to screw Geagea and the Lebanese Forces. People were just tired of the militia order, he was an army commander, and he confronted Syria. Let’s not make him out to be a hero.”

(Aoun was commander of the Lebanese Armed Forces in the mid-1980s. He was not really a “nobody,” but was definitely “unknown.” When Lebanese factions could not agree on electing a new President, Gemayel made Aoun the head of a caretaker cabinet at the eleventh hour. Gemayel and Geagea were engaged in a struggle over the Christian community, the Phalange party leadership, and the way forward in Lebanon. Aoun was a volatile actor whose presence alongside Geagea made for a combustible mix.)

“Gemayel and Aoun left Lebanon; Geagea went to jail; twenty years later, it’s like someone pressed play and we’re reliving the same bullshit! Here are you choices: a delusional general, a warlord, and a crusty old former president.”

(No comment.)

“Rafic Hariri might have thought he was bigger than Lebanon and [assassinated Lebanese journalist and MP] Gebran Tueni probably thought he was the voice of Lebanon. Both were too ambitious in their own way, so I was not too fond of either. But these men did not deserve to die the way they did.”

(No comment.)

“Hizbullah? Here’s the problem with Hizbullah: they’re working with the wrong model. Hizbullah criticizes people for looking to the West, as if that is some sort of tragedy, but Iran can’t even refine its own oil! And that’s what we’re supposed to strive towards? This is bigger than the fight with Israel ; Hizbullah is working with a social model that is doomed.”

(No comment.)

“Let me tell you something about Stuxnet [a computer virus rumored to have been unleashed by the U.S government]. Stuxnet attacked Siemens programmable logic controllers used for the Iranian nuclear program. Over 60% of computers targeted by the virus were in Iran. [The Iranians] don’t know who they’re playing with here. The U.S. has just given them a taste.”

(I did not know much about Stuxnet before this conversation. In reading up on the virus, I continue to be confused. The conversation also touched upon the recently-created U.S. Cyber Command. The consensus seemed to be that American cyber-warfare abilities would be too much for Iran to handle. The point seems plausible, but I have no idea whether this is actually true.)

“How many of you would send your kids to study or work in Iran or Syria? What about the U.S.? OK, why is that? America attracts the best, even from [Lebanon, Syria, Iran, and other Middle Eastern states].”

(No comment.)

“American decline? It is inevitable and might be underway already, but let’s not fool ourselves. We live in the here and now, and the U.S. will be a powerhouse for a long time to come! Let’s not rush to jump on the wrong wagon, OK?”

(In general terms, I think this is spot on. Of course, History surprises. The U.S. will face many internal constraints on its power, owing to its pluralistic political system and tenuous financial situation. But in general terms, the bases of American power – its economic, political, military, and cultural strength – are still robust and dynamic.)

“They’re all bastards. All of them.”

(It remains unclear who “they” are. What is clear, apparently, is that “they” are bastards… Don’t let them get you down.)

Family Member 1 has little patience for Iran and Syria – not because of political or religious inclinations, but because he/she “thinks in terms of economic, scientific, cultural, and military prowess.” This person emigrated from Lebanon to the U.S. in the late 1970s and returned in 2000. He/she sees a lot wrong with Western society, but thinks it far more dynamic than Iranian and Arab alternatives. Needless to say, Family Member 1 detests the “bastards” who run the show in Lebanon.

Take heart neo-feudal overlords, everybody’s a critic.

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Christmas Eve rarely provides a respite from intense political debate in Lebanon. Indeed, with members of the family back in town, the holiday resembles a political brawl more than a religious celebration – or maybe, in the words of D.L. Hughley, “that’s just my house.”

For the past decade, members of my mother’s family, their family and friends, and a revolving group of guests have gathered in Achrafieh. The birth of Christ and Santa’s generosity are practically afterthoughts. Save for a few carols and token attendance of Mass, the family spends its time debating the intricate disputes (read: petulant behavior) of Lebanese political leaders. Since 2005, when the assassination of former Lebanese Prime Minister Rafic Hariri opened up the Lebanese political arena, a single conversation has literally stretched over five years continuous conversation the winter season. 

Conversation ranges between sophisticated and calm analyses to incendiary outbursts that would make a sailor blush. Discussion has revolved around intra-Christian divisions, the Sunni-Shiite divide, the broader regional configuration, America’s place in the world, the “Hizbullah question,” and the Special Tribunal for Lebanon (STL). This year, of course, WikiLeaks provided some fresh conversational points. Despite the available fodder, and underneath an ever-changing surface, the conversation has been the same for the past five years.

The next couple posts on Page Lebanon will provide some entertaining and controversial selections from 2010′s political brawl. Because I did not ask my family and friends if I could publicize their views, I’ll be concealing their identities (Julian Assange, take note). Comments are in italics…

 

“The Guest”

“Hizbullah killed Hariri. [Hariri] was part of some regional project – one that included naturalizing the [Palestinian refugees], but was also aimed at the Shiites across the Middle East. That’s why Hizbullah killed him, under orders from [Iranian Supreme Leader Ayatollah] Khamenei.”

(Here, the ever-present “regional project” rears its head. Of course, states have their policies, and do much to pursue their interests under the table, but it is also quite possible that Hariri was killed, quite simply, because the Syrian regime and its allies in Lebanon thought he had “grown too big for his britches.”)

“[Lebanese Forces leader] Samir Geagea will be Lebanon’s next president. What are you laughing at? He [Geagea] is in Saudi Arabia right now to begin resolving his issues with Syria. The Saudis, Egyptians, French, and Americans would rather have Geagea in Baabda [the seat of Lebanon's presidency].”

(I didn’t buy this argument. It’s not about morals, but politics – and Geagea has a credibility problem. Like many other war-time leaders, Geagea has his sins. The difference is that many Lebanese – including, importantly, members of his own Christian community – perceive his crimes to be more serious. As one observer remarked, “Geagea has ‘pulled the trigger’ himself, while others were more removed from the atrocities of war.” Perhaps these problems will grow smaller as Lebanon’s younger generation – one with few Civil War-era memories – becomes increasingly relevant. Perhaps Geagea will manage to capture much of the Christian vote in 2013. But the next president should take office in 2014, and this might be too soon for Geagea.)

“What do you mean Iranian and Syrian interests? Anthony, you’re a young man, listen to me… If the Americans want Geagea [as president], it will happen. Geagea’s history does not matter. Tell me where he’s made a mistake since 2005. The key is to begin laying the groundwork with Syria… What? No, that doesn’t suggest that Syria matters!”

(My point to “Guest” was that the past few years have demonstrated that Iran, Syria, Hizbullah, and pro-Syrian factions in Lebanon have the ability to frustrate the ambitions of the U.S. and the conservative Arab regimes. Aside from his credibility problem among many Lebanese, Geagea has been stridently (and often correctly) critical of Syria. As of yet, his post-2005 political revival has not involved rapprochement with Syria or pro-Syrian factions in Lebanon. Iran is no fan of Geagea either, particularly as it accuses the Lebanese Forces of kidnapping four of its diplomats in the 1980s. It is difficult to envision a regional consensus on someone like Geagea.)

“[Free Patriotic Movement leader] Michel Aoun is insane. Anyways, the man is finished.”

(I do believe Aoun reacted rashly in response to March 14′s early missteps in 2005, but this hyperbole is a little much for my taste. That said, I wonder about his political future. In contrast with 2005 and 2006, when Hizbullah was adjusting to a rapidly changing Lebanon and dealing with a war with Israel, the Party of God may not need as much “Christian cover.”)

“OK, maybe Syria matters. Hillou aaneh!”

(No comment.)

“The Americans should kill or “disappear” Assange to make an example of him.”

(No comment.)

“The region is in turmoil. It’s still early now, but wait and see how Sunnis and Shiites will turn against each other. The Sunnis are running to Turkey and the Shiites have been running to Iran. Just look at Iraq and Lebanon…”

(Over the past year or so, Turkey has begun to aggressively cultivate ties with the Arab world. Milking their dispute with Israel for all of its worth, the Turks have succeeded in carving out a renewed presence in the Arab Street. The Arab regimes might view Turkey as a possible counterweight against Shiite Iran, but are probably not thrilled with Ankara’s growing influence in the streets of Cairo, Damascus, and Beirut. Sunni and Shiite tensions continue to simmer, but for now a regional conflagration seems unlikely.)

“Imad Mughniyeh [a high-ranking Hizbullah commander killed in 2008] was not killed. The whole thing was cooked up to get the Mossad off his back.”

(And the Vatican, with Geagea’s help, killed Kennedy because he wasn’t Catholic enough.)

“The [Palestinian refugees] will be naturalized in Lebanon. Does anyone here really believe otherwise? Get over it!”

(In essence, I agree. It is difficult to imagine a Middle East resolution that does not involve accomodating the Palestinian presence in Lebanon. Palestinian refugees in Lebanon number between 200,000 and 500,000. For most, formative experiences occurred in Lebanon, not the Palestinian territories or Israel. Does this mean that Palestinian refugees will become Lebanese citizens? Not necessarily. But, despite the fears of Christians and Shiites, normalization is in order.)

Clearly, “Guest” was the party’s resident Conspiracy Brother. This older gentleman has seen the world twice-over, and always provides unique insight into the bigger picture. He thinks creatively and puts forward his own theories on quite a few things. But he’s also rather fond of behind-the-scenes drama, regional and local “projects,” and reducing complex issues into one-liners.

I’m sure your family, especially if you’re Middle Eastern, has one of these guys or gals.

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The Lebanese never learn.

For years, Hizbullah convinced many Lebanese that it would not turn its weapons against them. Shiites, Sunnis, Druze, and Christians all bought into that myth. Some believed wholeheartedly that Hizbullah would remain focused on Israel, while others saw no other choice but to acquiesce to realities on the ground. After all, the Lebanese had seemingly tired of conflict after decades of war and political bickering - and confronting Hizbullah would risk returning the country to a past that haunts almost every family in Lebanon.

Whether Hizbullah was genuine, or was simply catering to the fanciful views of others, does not matter. External motives - namely, acting as a forward base of Iran, protecting convergent Syrian-Iranian interests in Lebanon, and confronting Israel – drive Hizbullah’s actions. This is not to say that the party’s domestic goals, like increasing the Shiite voice in Lebanon’s system or providing social services and utilities, are irrelevant or even secondary; but only to stress that these goals are part of a broader project.

In that vein, the much-lauded “Lebanonization” of Hizbullah was driven by a Syrian regime intent on directing Lebanese political theater and an Iranian regime willing to accept that Lebanon’s demographic balance would not allow for a junior Islamic Republic on the Mediterranean. But make no mistake: the confrontation with Israel and with Israel’s Western backers remains the party’s foremost concern.

Importantly, this means that Hizbullah’s internal actions must be understood within its broader vision for Lebanon and the region. In the 1990s and early 2000s, Syrian tutelage and Israeli occupation contributed, albeit differently, to relative consensus in support of Hizbullah. Benefiting from Syrian control over Lebanese politics and Israel’s inflammatory presence, Hizbullah found it relatively easy to consolidate support within Lebanon.

After Israel’s withdrawal from Lebanon in 2000, Hizbullah put its head down and began to fortify South Lebanon. Back in Beirut, a class of politicians – now scattered among various factions - depended on Syria for their continued relevance, and thus did not challenge Damascus on matters of importance, including the security sector and Hizbullah’s special status.

In 2005, as is well-known by now, assassins took the life of former Lebanese Prime Minister Rafic Hariri. The killing was the straw that broke the camel’s back (or, perhaps, the snowflake that broke the Cedar tree). A colossal uprising drove Syria out of Lebanon, and sent Hizbullah scrambling to preserve its special prerogatives.

After months of dodging discussions on its arsenal, Hizbullah conducted a border raid and kidnapped two Israeli soldiers. The “Party of God” probably did this to orchestrate another prisoner exchange, further solidify its credibility, and demonstrate its utility in post-Syria Lebanon. But Hizbullah had miscalculated.

No longer content with the “tit-for-tat” game it had played with Hizbullah since the mid-1990s, and notwithstanding Hizbullah’s proclamation of a “Divine Victory,” Israel simply pummeled Lebanon for more than a month, killing thousands of civilians and causing billions of dollars in direct damage.

Hizbullah fighters, as Israeli troops repeatedly acknowledged, fought valiantly. But to what end? Despite their prowess in the South Lebanon’s villages and nature reserves, Hizbullah fighters could only watch (alongside millions of other Lebanese) as the Israeli air force wrought destruction from the skies.

Since the July War of 2006, Lebanon has unraveled. Israel’s brutish response may have failed to achieve its publicly declared objectives, but it exposed Lebanon’s latent divisions and has since forced Hizbullah to work hard to protect its rear in Lebanon.

First, Hizbullah had to restore its nerve center and launch a massive rebuilding project to help Shiites return to their homes (never mind the billions collected by the Lebanese government in an international donor’s conference). Second, Hizbullah had to maintain its aura of resistance while alleviating Shiite fears of another war and dealing with increasingly assertive opposition to its weapons. Third, to protect either Syria or itself, Hizbullah had to paralyze Lebanon’s institutions to stave off the formation of the Special Tribunal for Lebanon. In doing so, the party found itself further mired in Lebanon’s complex political web.

Finally, after years of burdening the Lebanese with the consequences of its arsenal, Hizbullah directly used its weapons against them in 2008. In response to a government attempt to curb its illegal use of a party-owned telecom network,  gunmen affiliated with Hizbullah and its allies took to the streets of Beirut and the Chouf Mountains, kicking off three weeks of unrest that ended with the Doha Accord, an agreement to basically “punt on” Lebanon’s disputes until parliamentary elections in 2009. After those elections yielded yet another majority for the March 14 coalition, Hizbullah and its allies managed to force through an uneasy coalition government anyway.

If U.N. prosecutors indict members of Hizbullah, and if the Tribunal’s trial chamber finds them guilty, Hizbullah will feel threatened in its ability to confront Israel and provide Iran with a strong presence in the Levant. That said, an indictment may not trigger a war or coup in 2011; indeed, the entire effort to try those responsible for a string of political assassinations in Lebanon may fizzle harmlessly if a political solution is somehow cooked up. Alternatively, Iran and Syria may prevail on Hizbullah to swallow the pill, pin the killing on “rogues” or party members that are no longer alive, and live to fight another day. In another possible scenario, Hizbullah’s patrons may decide to wait it out for another few months or years.

At this point, however, this is all speculation. If the Lebanese do not accept trading justice for peace, Hizbullah will add this latest “offense” to its already-raging fire of memory. Maybe not in 2011, but someday, somehow, Hizbullah will settle scores.

Hizbullah has offered its guarantees before; rather, it has offered the safety of silence. Having spoken up in 2005, 2006, 2007, and 2008, the Lebanese were met with a crisis at every turn. It’s time to get real.

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There are three problems with Raad’s attack on the STL Agreement.

First, Raad paints over several important facts, which hit at the consistency of his otherwise impressive challenge of the STL Agreement. Raad conceals that Lebanon’s institutional paralysis had much to do with the strategy of negation adopted by Hizbullah and Amal to prevent, and then derail, the STL’s establishment. Lahoud, the Shiite ministers in cabinet, and Parliament Speaker Nabih Berri basically stonewalled for three years. Of course, Lahoud was well within his right as President to participate in or resist international treaty negotiations. At first glance, there appears to be no answer to Raad’s point on the presidency. However, Raad is mistaken in asserting that Shiites lacked representation in cabinet. In fact, there were five Shiite ministers – and they boycotted cabinet sessions, but did not resign. Furthermore, Berri’s closure of Parliament, an act that Raad and other Hizbullah MP’s backed, blatantly disregarded Article 32 of the Lebanese Constitution, which sets out “ordinary [parliamentary] sessions.”

Second, Raad misunderstands the “rules of the game” within Lebanon’s domestic constitutional framework. In arguing that the principles of “coexistence” require a Shiite veto power (and corresponding Maronite and Sunni veto power), Raad assumes that the transient balance of power shapes Lebanon’s rules. While this is true to a certain extent, cabinet and parliament are based on Christian-Muslim parity rather than on narrower communal imperatives. It is one thing to argue that the law should reflect a new communal equation; it is an entirely different question to assert that it already does. But even if “coexistence” pointed towards a tri-polar balance, the principle is meant to protect communities instead of political parties or foreign participants. Conflating Hizbullah with the Shiite community distorts the rules, and so too does conflating the Future Movement with the Sunni community or the Lebanese Forces with the Maronite community. That other Lebanese parties, like the Phalange, sometimes agree with Hizbullah’s approach, though perhaps not its conclusions, only demonstrates how these parties lay claim to their communities and further distorts the system

Third, Raad and many other politicians, regardless of their stance, adhere to a caricature view of Lebanon’s constitutional interaction with the international system. International law is part of Lebanese law (to the extent that the latter exists!). The Lebanese Constitution’s preamble states, in part, that Lebanon is “a founding and active member of the United Nations Organization and abides by its covenants […]” Besides this explicit constitutional incorporation of international law, membership in the U.N. generally requires ceding sovereignty in exchange for some measure of collective security. Within that context, Chapter VII of the U.N. Charter empowers the Security Council to adopt measures necessary to maintaining international peace and security: in addition to the use of armed force (Article 42) and other provisional measures (Article 40), Article 41 of the U.N. Charter authorizes the Security Council to adopt measures “not involving the use of armed force.”

Special courts and tribunals are within the Security Council’s authority. Resolution 1757 invokes Chapter VII authority, as do several preceding resolutions relating to crimes against Lebanon. All other considerations are secondary from a legal point of view, including the charge that Lahoud did not participate in the STL Agreement’s negotiation. In essence, Resolution 1757 expressly overrode Lebanon’s stalled domestic process, and effectively stated that the STL would come into existence by June 10, 2007 (with or without the Lebanese state’s notification or approval).

Ultimately, given the content of the Lebanese Constitution’s preamble and the general requirements of U.N. membership, it is simply nonsensical to argue that the international process in question unduly transcended Lebanon’s constitutional framework. In any case, despite these holes in Hizbullah’s argument, it is certainly a positive sign that the party’s members (and Raad in particular) have engaged their opponents on the battlefield of ideas, rather than taking to the streets. Whether debate will give way to war remains to be seen.

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At a press conference earlier this week, Hizbullah MP Mohammad Raad basically argued that the Special Tribunal for Lebanon (STL) is unconstitutional, from a Lebanese perspective, and thus cannot pursue justice in the name of the Lebanese. To be precise, Raad and a retired Lebanese judge, Salim Jreisati, assailed the “Agreement between the United Nations and the Lebanese Republic on the establishment of a Special Tribunal for Lebanon” (STL Agreement).

To be brief, alongside U.N. Security Council Resolution 1757, the STL Agreement gave rise to the STL. The domestic impetus for the STL came on December 13, 2005, when former Prime Minister Fouad Siniora requested that the U.N. “establish a tribunal of an international character [...] to try all those who are found responsible for the terrorist crime perpetrated against [Hariri].” At that time, Lebanon’s cabinet – including the Hizbullah-led opposition coalition – was fully functioning. Both these points are beyond dispute.

But Raad and Jreisati contest subsequent developments, pointing out four main flaws in the process leading up to the STL’s formation:

  • First, the negotiations on the STL Agreement were unconstitutional in form. In particular, these negotiations were unconstitutional because they took place without former Lebanese President Emile Lahoud’s participation (by late 2006, when these negotiations were ongoing, Lahoud’s presence in Baabda Palace had all but paralyzed the presidency). Article 52 of the Lebanese Constitution states that the “President of the Republic negotiates international agreements in coordination with the Prime Minister.” Clearly, then, the President should have had a role. Raad’s view is strongest here.
  • Second, the government that signed and pushed through the agreement was illegitimate. Raad sees this as a crucial point: when the Siniora-led cabinet signed the STL Agreement in 2007, none of the Shiite ministers were participating in government sessions. Although Lebanon’s constitutional quorum was met by March 14′s grouping, Raad believes that the constitutional norm of “coexistence” precludes such important decisions absent Shiite representation in cabinet. Under Article 52 of the Lebanese Constitution, treaties and agreements do not enter into force without cabinet’s approval. If the cabinet was illegitimate, then its approval of the STL Agreement is invalid.
  • Third, March 14 partisans and the international community disregarded a host of constitutional processes in their rush to form the Tribunal. The STL Agreement – either because of its impact on the budget or because it cannot be withdrawn from annually – falls within a class of agreements that requires parliamentary approval. Parliament did not convene to ratify the agreement, so the agreement did not enter into force.
  • Fourth, the international mechanisms that overrode Lebanon’s political deadlock are themselves illegitimate, because they “transcend” the common framework that governs all Lebanese parties and communities. Here, Raad is referring to the fact that the STL Agreement took force despite Lebanon’s institutional inability to ratify it somehow.

As one would expect from Hizbullah’s sophisticated party machine – particularly from Raad, doubtlessly a man of great intellect – these arguments are serious attacks on the Tribunal and tie in nicely with one another. But his views are ultimately incorrect.

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