Special Tribunal for Lebanon - Establishment Issues, Selection Panel Unveiled

U.N. Undersecretary General for Legal Affairs Nicholas Michel stated last month that General Secretariat is focused on several main areas of concern in regard to the establishment of the Special Tribunal for Lebanon: the appointment of judges and prosecutors, the operating budget, and the location of the seat.^[1] The Tribunal is being created to prosecute the suspected killers of former Lebanese prime minister Rafiq Hariri, who was killed along with 22 others in a massive car bombing in downtown Beirut in February 2005.

Appointment of Judges and Prosecutors

Secretary-General Ban Ki-moon has announced the composition of a selection panel to recommend to him the names of judges and chief prosecutor to work on the Special Tribunal for Lebanon.^[2] In a letter to Security Council President Dr. Srgjan Kerim, Ban stated his intention to appoint Judge Mohamed Amin El Mahdi, Judge Erik Møse, and the above-mentioned Nicolas Michel to the selection panel.^[3] Judge El Mahdi formerly served on the International Criminal Tribunal for the former Yugoslavia (ICTY), while Judge Møse is the current presiding judge of the International Criminal Tribunal for Rwanda (ICTR).^[4]

The panel is charged with recommending to Ban the names of the four Lebanese judges and seven international judges who should serve on the Tribunal, as well as its chief prosecutor.^[5] In his statement, Ban stressed his commitment to a timely establishment of the Tribunal by asserting that, “[the court] will contribute to ending impunity in Lebanon for the crimes under its jurisdiction.”^[6]

In regard to the appointment of judges, and whether or not any will be selected from Israel, Syria or Iran, Michel has stated that the selection panel must work in “total impartiality” and “cannot set criteria for excluding certain states as the selection process is open to all member states.”^[7] Michel added further that “the selection panel will be mindful to select the best judges for this tribunal, mindful that justice must be seen to be done, [and] among the conditions for this is that a suitable candidate must be impartial.”^[8]

In regard to the appointment of a prosecutor, Michel relayed Ban’s acknowledgment of a need for a “smooth transition” between the International Investigation Commission and the prosecutor to be appointed for the Special Tribunal.^[9] Serge Brammertz, the chief investigator of the Hariri assassination, is the current Deputy Prosecutor of the International Criminal Court (ICC) and is in charge of the Investigations Division of the Office of the Prosecutor for the ICC.^[10] A prosecutor for the Special Tribunal will be appointed some time before the end of the year.^[11]

Tribunal Operating Budget

Michel has stated that the estimated cost of running the tribunal for three years is approximately $120 million; the first year running $35 million, the second costing $45 million and the third totaling $40 million.^[12] Michel stressed that these are only preliminary figures and that the costs of establishing the Tribunal’s premises and office space are not factored into these numbers.^[13] In addition, the three year time span is also an rough estimate. Since the prosecutor to succeed Brammertz will begin work on the case upon start of the tribunal’s operation, rather than on appointment, the time period could be much longer.^[14]

Lebanon has committed to paying 49% of this cost, which is just under $60 million.^[15] French President Nicolas Sarkozy has also pledged $6 million in French funds toward the Tribunal’s budget.^[16] Michel also stated that although U.N. will seek funds from all member states, a management committee will be established to both ensure "rational use" of the funds and guarantee that states providing funds will have no say in judicial activity.^[17]

Location of the Seat of the Tribunal

Michel has conceded that the location of the Tribunal’s seat is still undetermined.^[18] As we reported in July, the United Nations has approached the Netherlands as a possible host. The Netherlands is a logical choice, as the Hague has a longstanding tradition for hosting over 150 international legal organizations and tribunals including the ICC, ICTY, ICTR, the International Court of Justice and the U.N. Special Tribunal for former Liberian President Charles Taylor.

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^[1] Hani Bathish, U.N. presses for cooperation in Hariri case, Daily Star, Sept. 22, 2007 [hereinafter Daily Star, U.N. Presses cooperation].
[2] Ban Ki-moon unveils judicial selection panel for Hariri tribunal in Lebanon, U.N. News Centre, Oct. 11, 2007.
^[3] U.N. Press Release SG/SM 11216, Oct. 2007.
^[4] Id.
^[5] Daily Star, U.N. Presses cooperation, supra note 1.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Hani Bathish, Rizk says 12 names have been submitted to UN panel that will pick judges, prosecutors for Hariri tribunal, Daily Star, Oct. 15, 2007 [hereinafter Daily Star, Twelve names submitted].
^[10] Id.
^[11] Id.
^[12] Daily Star, U.N. Presses cooperation, supra note 1.
^[13] Id.
^[14] Id.
^[15] Daily Star, Twelve names submitted, supra note 9.
^[16] Id.
^[17] Id.
^[18] Daily Star, U.N. Presses cooperation, supra note 1.