INDICTMENTS HANDED OUT FOR HARIRI MURDER

INDICTMENTS HANDED OUT FOR HARIRI MURDER

By Adom M. Cooper
Impunity Watch, Middle East Reporter

BEIRUT, Lebanon–With the UN serving as the backbone, four members of the Lebanese Muslim movement known as Hezbollah have been indicted for the 2005 assassination of former Prime Minister Rafik Hariri.

A banner of the late Rafik Hariri. (Photo Courtesy of BBC)
A banner of the late Rafik Hariri. (Photo Courtesy of BBC)

The Special Tribunal for Lebanon (STL) gave the indictments to state prosecutor Saeed Mirza. The indictments are meant to remain sealed for 30 days to allowed Mirza to examine them. But it is believed by multiple directions, international and local outlets citing judicial sources, that the arrest warrants named four men: Mustafa Badreddine, Salim al-Ayyash, Hassan Issa, and Asad Sabra.

Rafik Hariri and 22 others were killed in February 2005 in central Beirut when a huge bomb went of as his motorcade moved through the streets. The STL was established in the Hague in 2009 by the UN to try those individuals alleged to have carried out the bomb responsible for the deaths that occurred.

Badreddine is Hezbollah’s chief operations officer, according to multiple sources. He replaced his former cousin and brother-in-law Imad Mugniyeh in the position after Mugniyeh was assassinated in Syria in 2008. The indictment alleges that Badreddine hatched and supervised the plan to kill Hariri, while al-Ayyash led the cell that actually carried out the bombing.

Saad Hariri, Rafik’s son and former Prime Minister, shared these sentiments after receiving news of the indictments.

“The days of the murderers are gone. My heart is full of joy. The martyrs may now rest in peace. I vow ahead of you to keep this country in peace under the ceiling of security.”

Hezbollah officials declined to comment on the situation. But the group has consistently denied any involvement in the assassination. The group claims that the STL is a plot involving the United States, Israel, and France. Hassan Nasrallah, the leader of Hezbollah, has threatened to cut the hand of anyone who tries to arrest the group’s members.

Currently, Hezbollah has three members in parliament. The group forced the eventual collapse of Hariri’s administration in January after he refused to stop working with the STL. Hezbollah and its allies resigned from Hariri’s administration just days before the head prosecutor for the tribunal filed his petition for the indictments to a pre-trial judge.

The United States State Department has already come forward and supported the indictments and four arrest warrants. Spokesman Mark Toner expressed these words in urging the government of Nijab Mikati to act:

“An important step toward justice and ending impunity for political assassinations in Lebanon. The sealed indictments have been handed over. We’re now going to look to see what the Lebanese government does next. We’re looking for it take action.”

There have long been fears inside Lebanon that indictments of Hezbollah members over the assassination of the prominent Sunni Muslim leader, who served as prime minister for several terms between 1992 and 2004, could intensify conflicts between sectarian factions within the country. The two sides have been struggling with the legacy of the 1975-1990 civil war.

For more information, please see:

Al-Jazeera-Indictments issues in Hariri probe-30 June 2011

BBC-Hariri murder: UN tribunal issues arrest warrants-30 June 2011

CNN-Four Hezbollah members indicted in Hariri death, says source-30 June 2011

Reuters-U.S. urges Lebanon to act on Hariri indictments-30 June 2011

ICRC News and Notes

International Committee of the Red Cross

OTP Weekly Briefing Issue #93: JUDGES ISSUE ARREST WARRANTS FOR MUAMMAR AL GADDAFI, SAIF AL‐ISLAM GADDAFI AND ABDULLAH AL‐SENUSSI; PROSECUTION REQUESTS JUDGES FOR AUTHORIZATION TO OPEN AN INVESTIGATION IN CÔTE D’IVOIRE

OTP Weekly Briefing_21-27 June 2011 #93

Khmer Rouge Tribunal Officials Refuse to Pursue a Third Trial

By: Jessica Ties
Impunity Watch, Asia

PHNOM PHEN, Cambodia – Four of the surviving leaders of Pol Pot’s Khmer Rouge are currently standing trial for crimes against humanity, war crimes, and genocide.  Now it seems that others responsible for these attrocities may never be brought to justice. 

Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan are standing trial for the deaths of 1.7 million people during the Khmer Rouge (Photo Courtesy of the L.A. Times).
Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan are standing trial for the deaths of 1.7 million people during the Khmer Rouge regime (Photo Courtesy of the L.A. Times).

In addition the four individuals currently standing trial, the international co-prosecutor has identified two more individuals suspected of being involved in the death of thousands of Cambodians. The co-investigating judges however, have closed the investigation of these suspects without arresting or interviewing them to pursue what would potentially be a third trial.

In response to the judges refusal to investigate,  The Open Society Justice Initiative, which has been monitoring the tribunal, has stated that “The court’s actions suggest that the outcome of a case has been pre-determined, and that judges have refused to gather evidence or investigate facts.”

After Pol Pot rose to power, approximately 1.7 million people perished from starvation, overwork, medical neglect and execution between 1975 and 1979. Four of the key members of the regime responsible for these deaths: Head of State Khieu Samphan, Foreign Minister Ieng Sary, Social Affairs Minister Ieng Thirith and the chief ideologue of the revolution Nuon Chea are standing trial one year after Kaing Guek Eav was sentenced to nineteen years in prison.

The tribunals are being conducted under a “hybrid system,” in which Cambodian judges and staff work in conjunction with United Nations officials. This system has proven to be problematic for past tribunals.

After the court’s refusal to investigate the suspects of the potential third trial, co-prosecutor Andrew Cayley went public demanding that the court take call cases before it seriously.  Commenting on the court’s decision, Mr. Cayley told BBC “It affects the integrity of this institution. The investigation needs to be done properly. Justice must not only be done, but it must manifestly and undoubtedly be seen to be done. And I believe if that does not happen, it will have serious consequences for the court as a whole.”

After Mr. Cayley’s statements, the Cambodian judges ordered Mr. Cayley to withdraw what they believed to be “confidential information.” They also stated that they would punish the staff member they believed to have leaked information and would welcome the resignation of international staff who disagreed with the way they were conducting investigations.

Co-investigating judge, Mr. Blunk, silenced a journalist who questioned the motives of the court by asking if the judges were trying to bury the case of the other two suspects by responding that “the use of the word ‘bury’ is insolent for which you are given leave to apologize within two days.”

It has been reported that Cambodia Prime Minister Hun Sen has stated that he would rather see the tribunal fail than see another trial and told Ban Ki-moon, U.N. Secretary-General, that he would not allow any additional trials to take place. It has been speculated that much of the Prime Minister’s motive for avoiding further trials is attributed to his desire to avoid embarrassment because some of the members of his inner circle held positions in the Khmer Rouge and were of an appropriate rank to be brought to trial.

For more information, please see:

VA News  – US War Crimes Envoy Seeking Support for Tribunal – 28 June 2011

Aljazeera – Profiles: Khmer Rough Leaders on Trial – 27 June 2011

LA Times – Khmer Rouge Trial Fraught with Drama in Cambdia – 27 June 2011

BBC – Cambodia’s Khmer Rouge Tribunal in Disarray – 26 June 2011