ACTU : Landmark decision of the Special Tribunal for Lebanon determining the applicable law

Catherine MAIA

The Appeals Chamber of the Special Tribunal for Lebanon (STL) has issued alandmark decision determining the applicable law that will govern the Tribunal’s proceedings. The Pre-Trial Judge, currently reviewing an indictment submitted by the STL Prosecutor on January 17, 2011, submitted a number of questions to the Appeals Chamber in order to “ensure that this and any further indictments are confirmed—if they are confirmed—on sound and well-founded grounds.”

The Appeals Chamber, applying general principles of construction enshrined in Article 31(1) of the 1969 Vienna Convention on the Law of Treaties, concluded that, “unlike other international criminal tribunals,” the STL will only apply Lebanese law as interpreted by Lebanese courts. The Tribunal will sway from this mandate only if “such interpretation or application appears to be unreasonable, might result in manifest injustice, or appears not to be consonant with international principles and rules binding upon Lebanon.”

After determining the applicable law, the Tribunal went on to discuss specific crimes and the elements that must be established under Lebanese law to convict. In this exercise, the Tribunal explained the current status of Lebanese law with respect to specific crimes, including terrorism, homicide, and conspiracy.