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The Special Tribunal for Lebanon: Law and Practice

Edited by: Amal Alamuddin, Nidal Nabil Jurdi, David Tolbert

ISBN13: 9780199687459
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



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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. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region.

The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. 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. It provides an authoritiative guide to the procedure of the Tribunal,the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts.

The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date.

Subjects:
Public International Law, International Criminal Law, Other Jurisdictions , Middle East
Contents:
1. Introduction
2. Establishment of the Special Tribunal for Lebanon
3. Legal Nature of the Special Tribunal for Lebanon
4. The relationship between the UN investigation commission and the Special Tribunal for Lebanon: Problems of Principle and Practice
5. The Court's Subject Matter Jurisdiction: the Crime of Terrorism in Lebanese and International Law
6. Individual Criminal Responsibility under the Statute
7. The Tribunal's Unique Rules of Procedure
8. Cooperation from States and Individuals
9. The Participation of Victims in the Judicial Process
10. Protecting the Rights of Suspects and Accused
11. Challenges for the Special Tribunal for Lebanon Registry
12. The Legality and Fairness of Trials in Absentia
13. Ethical Regulation of Counsel
14. The Legacy of the Tribunal

Series: Oxford Monographs in International Humanitarian & Criminal Law 

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