Experts warn Lebanon has no authority to abolish tribunal

BEIRUT: Lebanon has no authority to abolish the Special Tribunal for Lebanon but the government could cancel the memorandum of cooperation ratified with the U.N.-backed court, according to legal experts.

However, the experts warned against such a decision, saying it could result in political and economic sanctions imposed on Lebanon for failing to comply with international resolutions.

The disputed issue of the STL, investigating former Prime Minister Rafik Hariris assassination, led to the collapse of the Cabinet of Prime Minister Saad Hariri.

Hariri has tied his participation in a new government to be formed by the March 8-backed Prime Minister-designate Najib Mikati to the latters commitment to uphold STL cooperation.

Legal expert and former Baabda MP Salah Honein said Lebanon had not ratified an agreement with the U.N. over the tribunal to be capable of abolishing it. Honein added that the U.N. Security Council would not succumb to any pressure to halt the tribunal, while a Lebanese government decision to stop cooperation with the STL would leave Lebanon in confrontation with the U.N.

International law professor Antoine Sfeir said Lebanon was entitled to abolish the cooperation protocol with the court. Nonetheless, the Lebanese authorities would remain legally bound to meet the tribunals requests.

Withdrawing the protocol does not influence the court, which was established under Chapter Seven of the United Nations Charter, Sfeir said.

He added that the STLs president, Judge Antonio Cassesse, could inform U.N. Secretary General Ban Ki-moon of Lebanons refusal to cooperate, which could prompt the Security Council to issue resolutions imposing political or economic sanctions.

Other judicial sources believe the notion of abolishing the STL is a complete non-starter, since it would constitute a precedent that could affect the formation of all international courts.

Recalling the experience of the International Criminal Court established ! for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, the source said that the court failed to arrest any accused individuals for years, but eventually tried Slobodan Milosevic and others for war crimes.


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