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Last two sessions: Sessions Seventeen & Eighteen, "Powers of the Prosecutor & Relations of the Tribunal with States other than Lebanon"

Wed, 2011-02-16

After lunch break, participants resumed the 17th session entitled Power of STL Prosecutor and moderated by Mohamad Amine El-Daouk

Dr. Hazem Hassan Abdelhamid Gomaa, Former Dean of the Faculty of Law, Professor of International Law (Bahrain) gave the first speech about the particularity of the situation in Lebanon, considering that the balance of powers dictates the respect of such particularity.

He clarified that the method and mechanism of investigation and trial in the assassination of PM Rafik Hariri observed Lebanon's special circumstances as well as the necessity of achieving justice throughout legal means, adding that the international community has abandoned castigation centuries ago, as did Lebanon, at least since concluding the Taef Agreement.

Sixteenth Session: “Rights of the Defense – The Defense Office before the Tribunal"

Wed, 2011-02-16

The sixteenth session of the Arab Legal Conference was held under the title: “Rights of the Defense – The Defense Office before the Tribunal (round table), moderated by Dr. Rafâa Ben Ashour, Professor of International Law.

At the outset, Al-Tayeb Al-Mesbahi, Chairman of the Committee for Legislative, Legal and Human Rights Affairs, Member of the Moroccan Parliament, stated the rights of the defense as “indisputable”, and resumed them in five main points:

Fifteenth Session: “Personal rights of the victims under the Statute of the Special Tribunal for Lebanon”

Wed, 2011-02-16

The fifteenth session was held under the title “Personal rights of the victims under the Statute of the Special Tribunal for Lebanon” and moderated by Dr. Fady Fadel, Professor of International Law.

At the outset, Dr. Rafâa Ben Ashour, Professor of International Law and Member of the African Union Commission of International Law, discussed the issue of the victims’ rights at the Special Tribunal for Lebanon as per the participation in the Tribunal proceedings and the right to obtain compensations.

Fourteenth Session: Rules of Procedures and Evidence under the Statute of the Special Tribunal for Lebanon and its relation to the Lebanese Code of Criminal Procedures

Wed, 2011-02-16

The third and final day of the Arab Legal Conference for the Study of the Special Tribunal for Lebanon started off with the Fourteenth Session moderated by Majed Fayad, Attorney at Law (Lebanon).

Member of the International Criminal Court (The Hague) Mohamed El Zeidy believed that the rules of evidence of 197 articles constitute a problematic. He noted that the STL Statute was complemented by rules pertaining to the procedures and evidence.

Thirteenth Session: Elements of Hybridity in the Statute of the Special Tribunal for Lebanon: Judges – Financing – Applicable Law

Wed, 2011-02-16

The thirteenth session of the Arab Legal Conference was launched under the above-mentioned title, moderated by the Attorney at Law Mohammad Mattar.

At the outset of the session, Dr. Rafâa Ben Ashour, Professor of International Law and Member of AUCIL, gave his speech confirming that the establishment of the Special Tribunal for Lebanon by virtue of an agreement concluded between the United Nations and the Lebanese government gave the Tribunal a mixed aspect, and its features may be clarified through the judges and financing.

Twelfth Session: Immunity when indicting Officials

Thu, 2011-02-03

The speakers proceeded with their second conference day and they discussed the immunity when indicting officials. This twelfth session was moderated by the Attorney at Law in Paris and Beirut, Professor Hadi Slim.

Dr. Hazem Atlam, Professor of International Law and Head of Department of Public International Law at the Faculty of Law – Ain Shams University, submitted a legal and theoretical analysis stating that officials are guaranteed constitutional immunity inside their countries and diplomatic immunity outside their countries.

Eleventh Session of the Arab Legal Conference for the study of the Special Tribunal for Lebanon, entitled "Standards of "fair trial" in the Special Tribunal for Lebanon"

Thu, 2011-02-03

Professor Nasri Diab, Attorney at Law in Beirut and Paris, gave the first speech, saying "fair trial is not merely a general expression or philosophical theory. It has fixed and objective foundations detailed in basic legal texts such as the Lebanese Constitution and the international charters and agreements concluded by Lebanon and incorporated into its internal law, whether at the level of the Constitution or the legal texts."

Under the title “Indictment: Its Elements and Concepts”, the tenth session of the Arab Legal Conference was launched, moderated by Dr. Abdel Hamid El Ahdab

Thu, 2011-02-03

Under the title “Indictment: Its Elements and Concepts”, the tenth session of the Arab Legal Conference was launched, moderated by Dr. Abdel Hamid El Ahdab who directly gave the word to the Professor of International Law, Dr. Fady Fadel, whose speech was entitled “The Elements of the STL’s Indictment”. During the speech, Dr. Fadel referred to Article 68 of the Rules of Procedure and Evidence stating that the indictment is the key to the penal procedures of the STL as several decisions are based on its examination (…) According to the Statutes of the STL, the convicted person shall be subject to an indictment ratified by the Judge. During the review by the latter, in the event where the Judge finds out that the Prosecutor had actually specified that, based on presumptions, legal proceedings are deemed necessary, he shall ratify the indictment provided that his decision is not subject to objection nor appeal (…)”

Eighth session of the Arab Legal Conference for the study of the Special Tribunal for Lebanon: The Tribunal Compared to other International, Internationalized and Hybrid Tribunals

Wed, 2011-02-02

The eighth session of the Arab Legal Conference for the Study of the Special Tribunal for Lebanon, moderated by Ayman Salama, Associate Professor of International Law – Cairo University was held under the title "The Tribunal Compared to other International, Internationalized and Hybrid Tribunals."

Dr. Hamed Bin Khamis Salem Al-Jahwari, Judge at Buraimi Court of Appeal (Sultanate of Oman) started off with a comparison between the judicial competence of the STL and that of other international criminal courts. He pointed out that the existing relation between the permanent international criminal tribunal and the national judiciary is complementary.

Seventh Session: Role of the Tribunal in Defining Terrorism under International Criminal Law

Wed, 2011-02-02

Moderated by Dr. Abdel Hamid El Ahdab, PhD, Attorney at Law, Beirut and Paris, the seventh session discussed the role of the Tribunal in Defining Terrorism under International Criminal Law.

Judge Waël Tabbara, Former President of Beirut Court of Appeals, gave the first speech. He confirmed that the Lebanese Penal Code sanctioned terrorist acts.