After a long wait, the court proceedings of the Special Tribunal for Lebanon (STL) finally kicked off on Jan. 16 in The Hague. The STL is trying the alleged killers of Lebanese Prime Minister Rafik Hariri and some of his companions. This event is highly unusual and historic for a number of reasons.
First, the Lebanese people — having experienced years of institutional disruptions and paralysis — are unaccustomed to scenes symbolizing justice and the rule of law. Lebanon's judiciary has traditionally self-annulled, succumbing to the de facto forces and surrendering to the logic of carrots and sticks. If Lebanon had a functioning justice system, there would be no need for the STL. The UN Security Council resorted to its formation with Resolution 1757 (2007) after Lebanon's culture of violence took hold of the country, and the central state authority could no longer deter crime.
As one of the victims’ lawyers remarked during the prosecutorial hearings, the law in Lebanon has become a point of view, and crime has become pervasive. Crime is a means through which to alter the balance of power, so much so that the people have gotten used to it, altering society’s standards and values. It has created a “culture that eats away at tolerance and coexistence and threatens to topple the [political] settlement on which the Lebanese depend.” The scene at the tribunal sessions has evoked awe of the judge and voice of justice. It recalled one of the most basic principles: Justice is the basis of the sovereign.
Second, the trial opened during a significant and delicate historical moment. The war between the Sunnis and Shiites is raging against the backdrop of ongoing tensions between the West and Iran. The STL’s concern is the assassination of the leader of Lebanon's Sunnis and a man who was also a Sunni symbol throughout the Muslim world. Hariri's death was the first spark in a sectarian war that since his assassination has spread like wildfire. The STL has not charged any party or regime, as according to its rules, it can only accuse individuals, not organizations, of terrorism. That said, it is also the case that all five defendants belong to Hezbollah's ranks. The party's secretary-general, Hassan Nasrallah, categorically rejected handing over the accused to the judiciary after warrants were issued for their arrest, thus defying the sovereignty of the Lebanese state and the United Nations. The STL process and its results will undoubtedly affect the Middle East's conflicts.
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