Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon |
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| Authors: | Wierda Marieke; Nassar Habib; Maalouf Lynn |
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| Institution: | * Marieke Wierda is a Senior Associate of the International Center for Transitional Justice and is currently based in Beirut. Habib Nassar is a Lebanese lawyer and the Robert Pennoyer Fellow at Human Rights First, New York. Lynn Maalouf is a reporter currently based in Beirut and ICTJ consultant. The authors wish to thank Thomas Unger and Lenore Vander Zee for their research assistance on this article. [ mwierda{at}ictj.org; habib.nassar{at}gmail.com; lynnmaalouf{at}gmail.com] |
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| Abstract: | Resolution 1757 (2007) has come into force in challenging circumstancesin terms of Lebanese politics. At the time of writing, Lebanon'sgovernment is at a deadlock between two political alliancesknown as March 8 and March 14. While the latter has welcomedthe Resolution, the former has expressed reservations aboutthe impact of the Resolution's passage on Lebanese sovereignty.Further challenges to the legitimacy of the Special Tribunalfor Lebanon (‘STL’) are posed by (1) Lebanon's historicalcontext including its 15-year war followed by selective impunity;(2) the highly selective nature of the jurisdiction of the STLand (3) the political context and fears that the STL itselfwill act as an instrument for foreign powers. This article suggeststhat the UN and STL can address some of these legitimacy challengesthrough their operations, including the transparent selectionof judges and senior officials; attracting funding from a varietyof states; and effective outreach. Above all, the STL shouldbe differentiated from the other Tribunals. It should be seenas the logical next step to the International Independent InvestigativeCommission. In addition, the STL should strive to leave a lastinglegacy in Lebanon and in the field of international criminallaw. |
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