Spirit of the Law

1 June 2007



UN Security Council Approves Hariri Tribunal

The UN Security Council approved a resolution that creates a special court to investigate and try any suspects in the assassination of former Lebanese prime minister Rafik al-Hariri. The vote passed 10-0 with 5 abstentions. Those who voted for the court, largely the western powers, hope that any trial would help stabilize Lebanon. Those abstaining (Russia, China, Qatar, Indonesia and South Africa) claimed to be worried about Lebanese sovereignty being undermined by an international court. Apparently, they weren’t concerned enough to vote “no.”

The murder of Mr. Hariri in 2005 was almost certainly the work of Syrian secret service personnel, either with or without the approval of the Syrian cabinet. Syria had been in control of most of Lebanon since the Lebanese Civil War wound down, and its secret service has infiltrated much of Lebanon’s governmental apparatus. Mr. Hariri was a Lebanese patriot, and as such, was seen as an enemy of Syria. So, they whacked him. The Law of Unintended Consequences then kicked in, and so many Lebanese protested in the streets, that the Syrians had to withdraw troops that had been in Lebanon for decades.

The picture in Lebanon on the matter is rather muddy. Prime Minister Fouad Siniora asked for the UN to act. The parliament hasn’t convened to consider the matter because Speaker Nabih Berri has not convened the chamber; he disputes the cabinet’s legitimacy. The politicians in Lebanon have until June 10 to sort things out, or the Security Council could authorize an independent tribunal as it did for Rwanda and the former Yugoslavia.

Thus, the five abstaining nations could credibly argue that this resolution was an interference in Lebanese affairs that could be counter-productive. “It is not appropriate for the Security Council to impose such a tribunal on Lebanon,” South African Ambassador Dumisani Kumalo. Syria offered a statement that said, “Setting up the court under Chapter Seven violates the sovereignty of Lebanon and could cause the situation there to become worse. There has been no change in the Syrian position on the court.” Chapter Seven of the UN Charter makes the resolution enforceable by military means. Of course the biggest violator of Lebanese sovereignty in the last 30 years has been Syria, so it's statement merits a few kilos of salt.

What is important here is an interim UN investigation that found the Hariri murder was “probably” political and pulled off by the Syrians. Since the Syrian President Bashar Assad has said any Syrian suspects would be tried by a court in Syria and that none would be extradited, the international tribunal becomes all the more important. Syria may be able to pressure Lebanon, but it cannot force the UN Security Council to look the other way when it kills people who oppose it.

© Copyright 2007 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Fedora Linux.


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