Showing posts with label STL. Show all posts
Showing posts with label STL. Show all posts

Sunday, October 21, 2012

Lebanon's Flag at Half Mast


The Lebanese flag was raised at half mast at the Presidential Palace and the Grand Serail on Saturday in mourning for General Wissam al Hassan, who was assassinated on October 19th, 2012.  General Al Hassan was head of the Intelligence Bureau at the Internal Security Forces and was widely credited with the infiltration, capture and dismantling of numerous Isreali and Syrian clandestine cells in Lebanon.  Most recently, General al Hassan uncovered an extensive terrorism/assassination campaign ordered by Assad regime stalwarts, arresting former Lebanese minister Michel Samaha and issuing indictments against Syrian General Ali Mamlouk in the process.  The Assad regime has been widely blamed for this assassination, with some pointing a finger at Hizballah as a participant.

Wednesday, June 15, 2011

Would a Victorious Syrian People Hand Bashar Assad & Cronies to the STL?

 
One of the first videos of Syria's Arab Spring. The regime's increasing brutality led to increasing numbers in the streets demanding freedom, rights and dignity.

Maybe its wrong to engage in such fanciful musings on the [near?] future while innocent civilians are today being crushed by tanks and tortured in cellars, but one question preoccupied me this morning.

The Question: Throughout the developments in Lebanon of the past 6 years, detractors of the STL have used the argument that even if the STL were to indict [let alone find guilty] top members of the Syrian regime, no organisation, government or body was going to go into Syria, catch them, and deliver them to the Hague for trial and/or imprisonment.  As the Arab Spring has swept through Syria, one possible body for the deliverance of those called to appear in the Hague has arisen, the Syrian people themselves. Would a victorious people's revolution in Syria hand over the top echelon of the Assad regime for prosecution in an international court for the murder and assassination of various Lebanese figures & personalities (including Rafic Hariri, of course) if it were possible? Or, given that the Syrian people have revolted against repression under the banner of dignity, would they insist that any prosecution of the Assad regime address first and foremost that regime's crimes against humanity perpetrated on the Syrian people? Their dignity and rights lend themselves the latter proposal, while the practicality of having a fully functional court and proceedings lend themselves to the former.  Both of the propositions are presume a lot ... a lot a lot ... but why not, who would've thought we'd be here six months ago?

Wednesday, September 29, 2010

What Happened at the Airport?

A Lebanese general security (front) and Hezbollah security are seen standing outside the home of former Lebanese Brigadier-General Jamil Sayyed (poster) following his arrival from a trip to Paris, on September 18, 2010. Sayyed, who was jailed for four years in Lebanon without charge in connection with the killing of ex-premier Rafiq Hariri in 2005, accused current premier, Saad Hariri, earlier in the week of selling his father's blood in order to frame Syria for the killing, prompting the country's top prosecutor to summon him for questioning. (Getty Images via Daylife)

NOWLebanon's Ana Maria Luca details Hizballah's coercive use of its arms and militiamen at Beirut International Airport:
When Major General Jamil as-Sayyed stepped off his plane from Paris at the Beirut International Airport on September 18, he was welcomed by Hezbollah gunmen, who drove onto the runway in vehicles without license plates and took him to the airport’s VIP lounge. Although he no longer holds an official position in the Lebanese government, the former head of General Security ... held a press conference in the Foreign Ministry’s lounge, designated for heads of state and ministers. Then he was escorted home by the same armed men.

Neither the Ministry of Foreign Affairs nor the Ministry of Interior was asked for permission for the armed guards to have access to the airport runway and the VIP lounge. But nobody moved a finger to stop them.

Some say that the event was a power play on Hezbollah’s part to send a message to the government that it has the military strength to fight back in case some party members are indicted by the Special Tribunal for Lebanon .... Hezbollah’s representatives defended the incident, saying the party acted within its rights.
...
A source in the airport, who spoke on condition of anonymity for fear he would be harmed, confirmed that the airport security officers had orders from high-ranking politicians not to intervene when the Hezbollah escorts drove their tinted-windowed cars onto the tarmac. The source also said the airport security officers were afraid that if they tried to stop the Hezbollah agents protecting Jamil as-Sayyed, they might have opened fire at them.

According to Moukalled, the event was one of the rare occasions when Hezbollah vehicles and the party’s armed security officers are shown on television. “This is the first time we see them after May 7, 2008,” she said. “They don’t usually let us film them. Even on May 7, 2008, they closed TV stations, stopped journalists from filming and confiscated some of the footage so that they wouldn’t be seen on camera. Everything was planned. The media knew hours before that there were going to be Hezbollah bodyguards at the airport. It was a clear power play.”
...
According to Minister of State Jean Ogassapian, Interior Minister Ziad Baroud submitted a report during last Tuesday’s cabinet session asserting that “the armed men who entered the airport were MPs’ bodyguards.” Ogassapian said he found it a weak excuse and argued that the government should have dealt with the incident differently.

Baroud answered back in a short statement issued by his office after the cabinet meeting, saying that he wants to keep the Beirut International Airport safe.

Hezbollah’s response to the controversy came from Loyalty to the Resistance MP Nawwaf al-Moussawi, who said that "What happened at the airport was our right as MPs and political sides to open the VIP lounge and to be present there because we are the makers of honor. There will be no compromise on defending ourselves from false accusations, and we have the right to use what we believe appropriate for that.”
...
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Friday, September 10, 2010

Michael Young on Hariri's "Accusations Against Syria"

Michael Young on Hariri's "political accusations against Syria" statement:
...
The phrasing of Hariri’s statement was revealing. After making his remarks about the politicized accusations against Syria, the premier added that the tribunal was continuing its work, lending it some legitimacy. It wasn’t much, but it was enough to dissatisfy Hizbullah. What Hariri did, or tried to do, was to implicitly repeat the Der Spiegel line from last year (which more than ever appears to have been the consequence of Syrian manipulation), namely that Damascus is innocent but that the tribunal is ongoing, therefore its conclusions, even if Hizbullah is named, are worth considering.

Hariri’s calculation was probably to retain some semblance of leverage over Hizbullah. The Syrians, playing both sides of the aisle in order to advance their own interests in Lebanon, have been encouraging their Lebanese megaphones to discredit the tribunal and call for its dissolution, even as they have avoided putting direct pressure on Hariri to end cooperation with the institution. The Syrians are still thinking of using an indictment in ways that expand their power, but they, like Hizbullah, ultimately want the tribunal to be killed from the Lebanese side, so that it won’t harm them.

... The prime minister may want to retain leverage, but his chances of succeeding are diminishing by the day, and the Syrians win either way. What weakens Hariri helps them; what weakens Hizbullah helps them; and a dispute between Hariri and Hizbullah helps them, too. Indeed, today they find themselves indirectly, and agreeably, mediating between the prime minister and Sayyed Hassan Nasrallah through Walid Jumblatt, whose reference point in Damascus is Mohammad Nassif, one of the late President Hafez Assad’s closest collaborators.

... Lebanese state institutions form the implementation arm of the tribunal; Lebanese judges sit on the panel; Bellemare’s deputy, Joyce Tabet, is a Lebanese magistrate. Of course the Canadian prosecutor can sit in a remote office and craft an indictment, as he should, but if the Lebanese state is not on board, his [Bellemare’s] work could well end up being an empty intellectual exercise.
...
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Thursday, September 9, 2010

More Commentary on Hariri's Syria Statements

In the National's Opinion section:
Lebanese politics have a way of turning even the most starry-eyed participant into a pragmatist. The recent statements by the Lebanese prime minister Saad Hariri are something all together different, even by the standards of his country’s politics.
...
It was the culmination of months of diplomacy that began with a surprising visit by Mr Hariri to Damascus last December.
...
By pre-empting the conclusions of the tribunal, Mr Hariri has attempted to establish himself as neutral party prior the court's indictments ... [and] promote short-term stability in Lebanon, [however,] its longer term consequences are far less certain, and even less optimistic.

Mr Hariri's about-face must be framed in the context of Saudi Arabia's efforts to mend fences with the mercurial leadership in Damascus and promote regional quiet as tensions with Iran simmer.
...
Syria has simply leveraged its ability to be a spoiler for its own gain as others in the region attempt to confront Iran's nuclear ambitions. Once again, it seems, Lebanon has fallen victim to forces and problems far away.
 The Daily Star noted Nabil Qaouk, Hizbullah’s official in south Lebanon, comments,
"All parties seem to agree false witnesses misled investigations and led to an internal crisis and harmed Lebanese-Syrian ties during the past five years, ... Thus it is our national and moral responsibility to put on trial those false witnesses, those who stand behind them and their operators as a step to resolve the Lebanese crisis because some still insist on protecting false witnesses to protect higher security, political and judicial officials behind them.
as well as those of Hizbullah's Loyalty to Resistance bloc MP Qassem Hashem , who said that Hariri's stances,
"enforced demands to probe false witnesses as a national and legal duty to uncover the truth in former Premier Rafik Hariri's murder."
while Talal Arslan, leader of the predominantly Druze Lebanese Democratic Party,
... also demanded Hariri declare Hizbullah innocent of involvement in his father’s murder.

"Which will lead to abolishing Israeli attempts to instigate internal strife."
Naharnet reported that,
Progressive Socialist Party leader Walid Jumblat ... has said that Prime Minister Rafik Hariri's stances stress the importance of the Saudi-Syrian umbrella and the Taef accord.

Hariri is convinced of his personal ties with Syrian President Bashar Assad and the political relationship with Damascus, Jumblat told al-Akhbar newspaper in remarks published Tuesday.
...
In his weekly editorial to al-Anbaa, Jumblat said political and media calm are imperative to protect Hizbullah and the Special Tribunal for Lebanon.
...
Jumblat called on the various political parties to stick to soft rhetoric "because the alternative is devastating and will bring the country to where no one wants."
NOWLebanon quoted comments by Lebanese Forces MP Joseph Maalouf to the Akhbar Al-Yawm news agency indicating that
... Saad Hariri ... did not say that Syria was innocent in the 2005 assassination of former Prime Minister Rafik Hariri.
...
PM [Saad] Hariri spoke about politically accusing Damascus [only],
Reporting on Lebanon First bloc MP Oqab Saqr's comments regarding Hariri's statements, Naharnet writes,
[Saqr] noted ... that whenever attempts are made to improve ties with Syria, there are some sides that try to thwart these efforts.

He told LBC that once the relationship between Prime Minister Saad Hariri and Syrian President Bashar al-Assad improved, the premier apologized for mistakes made against Syria after the assassination of former Prime Minister Rafik Hariri.

"Syria will make an apology of its own once the indictment is announced," he stressed.

"Assad himself said that Syria had committed errors in Lebanon and Syrian Foreign Minister Walid al-Muallem recognized the existence of the Special Tribunal for Lebanon," the MP continued.

Saqr called for putting an end to debates over false witnesses in the case.

In addition, the MP urged Hizbullah to take Hariri's recent positions into consideration, saying that the lack of an indictment does not favor the party because the indictment itself will only prove that the party was not involved in the assassination.
Phalange Party MP Elie Marouni was also quoted asking:
"Why didn't the reevaluation of positions start in 2006? What led to Hariri's visit to Syria and the shift in accusations against it? Was a political price paid?"
Nabih Berri, whose (in)actions speak louder than his words, briefly commented on Hariri's statements by referring to them as a "window to the truth."

While Al Sharq Al Awsat followed up on its Hariri interview with the following quotes and observations,
...
Western-backed Lebanese Prime Minister Saad Hariri has shuttled to Damascus five times in the last nine months to try to repair relations that frayed after the 2005 Syrian withdrawal. For many in Lebanon, the trips harken back to times of Syrian dominance when Lebanese leaders used to travel frequently to Damascus to get marching orders.
...
Although officials have not said it openly, analysts say the current rapprochement appears to be an acknowledgment that Hariri is too weak to govern Lebanon without the support of his larger, more powerful neighbor.
...
"Syria had been placed in the docket for the murder of (Hariri's) father ... and for him to look the world in the eye and say 'I was wrong' — it's an extraordinary about-face," said Joshua Landis, an American professor and Syria expert who runs a blog called Syria Comment.

"We understand that the Cedar Revolution was a mirage," he added. "And so we have returned to the much more cynical but perhaps more realistic world of cutting deals and keeping all the local powers happy."
...
Dory Chamoun, a March 14 politician, said Hariri's comments did not absolve Syria but were meant to emphasize that the tribunal must have the final word.

"If such statements ensure a calm situation in Lebanon, then I'm all for it," he said.
...
In Syria, state-run newspapers ran Hariri's comments on their front pages and political analysts close to the Syrian leadership said Syria considered Hariri's statements to be an apology.

"Such an apology is a courageous move by Hariri and we as Syrians regard his statements as restoring some esteem for Syria after years of slandering it," said analyst Imad Shueibi. "What happened is in fact a positive thing," he added.

Though Hariri has not explained his dramatic shift, analysts say he appears to be putting aside his deeply personal feud with Syria for the good of his own country as his Western-backed bloc struggles to maintain control.
...

Wednesday, September 8, 2010

Rami Khoury on Politically Motivated Comments

Writing in the Daily Star, Rami G. Khoury voices his opinion on Hariri's attempt at a final pre-indictment neutralization of political animosity between the pro-sovereignty parliamentary majority and Syria:
... only its timing was a surprise, not its substance. It marks a peak to a political process that has been under way for a year in the short term, and for some 4,000 years in the longer historical perspective.

In the short-term, it represents the difficult political transition that sees Lebanon seeking to achieve two difficult and perhaps impossible balancing acts. The first is to balance justice and stability – the urgent need for justice ... for the murder of Rafik Hariri and 22 others; alongside the equal imperative of maintaining calm, stability and economic growth that could be wildly ravaged by violence if the indictments trigger new murders, bombings, political deadlock and sectarian fighting.

The second balancing act is between sovereignty and national self-interest – the ancient dynamic between the demographic weight and strategic geography of Lebanon and Syria ...

... the whole assault on Syria in February-June 2005 was highly politically driven, reflecting a momentary convergence between two powerful forces: deep and widespread resentment against Syria in much of Lebanon for its dominance of the country during a period of nearly three decades, and an American-led international desire to pressure and even break the ruling powers in Damascus, for many reasons.

Syria adjusted to this combination of forces by withdrawing from Lebanon and hunkering down to withstand and actively resist the international political assault against it. The regional configuration has changed radically in the past five years, and Syria feels it has reasserted itself ...

It seems only natural that bilateral ties with Lebanon would be adjusted in due course, as has been happening during the past year. Saad Hariri ... is seeking to forge relations with Syria that are marked by ... mutually acceptable ties based inevitably on the structural historical imbalance of power and influence between Beirut and Damascus.
...
Hariri has no easy choices, because Lebanon has little or no leverage in these dynamics. He retracted the political accusations against Syria, but did not totally reverse the process that remains under way in the form of the Special Tribunal for Lebanon (STL) ... The vexing issue of how a heavily armed Hizbullah and the Lebanese state and government coexist remains high as a national priority, and will become more difficult if STL indictments finger Hizbullah in some manner. The potential for hard times still lies ahead.

Saad Hariri quietly struck a third and very important balance, however, that between the political and the judicial. He said, "I don't know what will be in the indictment and I cannot intervene in that, nobody can. All that I ask for is the truth and justice."

The best approach all along has been to go easy on political emotion and instead heighten the credibility and independence of the STL process. A strong, evidence-based, indictment will generate powerful support in Lebanon and globally, and isolate those who fear being exposed for their involvement in the serial assassinations.

All Lebanese want dearly to identify and hold accountable the killers in their midst. The center of gravity of this process now shifts toward the STL, as Lebanese-Syrian relations revert to their historical norm. For now the latter is taking place under the umbrella of Syrian-Saudi cooperation, alongside lessened international pressure against Syria, an American retreat from a convulsing Iraq, and more attention being paid to Iran’s nuclear and political ambitions. In such a complex and ever-changing regional power picture, small states like Lebanon can only adjust to regional power flows, not shape them..
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Commentary on Hariri's "Errors" Bombshell

The AFP has some commentary on Hariri's "errors" comment in Monday's edition of the Saudi daily, Asharq Al Awsat:
...
"All you have to do is read the history of Lebanon to understand that there are no solutions in Lebanon without Syria," said Karim Makdisi, a political science professor at the American University of Beirut.

"Officials in Lebanon cannot be against Syria," Makdisi told AFP. "That is just not an option, and Hariri has realised that."
...
... on Monday, the prime minister was quoted as saying he had erred.

"At some point, we made a mistake," Hariri told the Saudi-owned daily Asharq Al-Awsat. "At one stage, we accused Syria ... That was a political accusation, and that political accusation is over."
...
Hariri's retraction, which one Lebanese daily dubbed a "political bomb," comes amid high tension in Lebanon over pending indictments by the Special Tribunal for Lebanon, a UN-backed probe into the assassination.
...
Analysts say Hariri's statement to Asharq Al-Awsat is yet another attempt to contain the current tensions, which have sparked fears of renewed sectarian violence.
...
"It's a precautionary move before the tribunal issues its charge sheet, which could implicate a Lebanese party, and is rooted in fear of the repercussions of that indictment," Khoury told AFP.
...
"Hariri is definitely under Saudi pressure to improve ties with Syria ... and there seems to be an attempt in the region to break the Syria-Iran-Hezbollah alliance," Makdisi said.
...
But Makdisi noted that Hariri stopped short of making any mention of Hezbollah.

"It is true that Hariri has never accused Hezbollah but in light of current tensions he could have gone on and openly said that he did not accuse Hezbollah, as well as Syria," Makdisi said.

Fadia Kiwan, head of the political science department at Saint Joseph University, argues that one party stands to gain from Hariri's political metamorphosis: Syria.

"After a difficult phase from 2005 to 2007, Syria's power is once again consecrated," Kiwan told AFP. "This will also put Syria's allies in Lebanon in a position of even more power.
...
Al Jazeera's Beirut correspondent, Rula Amin, writes:
We have to remember this is not a very surprising turnaround. ... Hariri has been reaching out to Syria and the Syrian president in the past years since he took office and became Lebanon's prime minister. ... He went to Damascus about four times, he met with the Syrian president who drove him around Damascus in his own car, had dinner together, hosted him in his own palace.

We have to also remember the political picture here has changed in the region. When Hariri accused Syria, Syria was isolated, the US was trying to isolate it, trying even to change the regime there. ... Now Syria has emerged from its isolation as a very strong player in the region ... and so Hariri has to adjust.
...
Regarding the STL, Hariri was quoted by the paper as saying, "the tribunal is not linked to the political accusations, which were hasty ... The tribunal will only look at evidence."

Meanwhile, Syria's unofficial spokesman in Lebanon, Wiam Wahab seemed to welcome the statement, even while calling for the labeling as an "Israeli agent" anyone that finances the Special Tribunal for Lebanon, and attacking the Prime Minister for "six childish years", Naharnet reports.

Wahab has also recently been vocal in his reminders of Syrian readiness and willingness to intervene if any "strife" were to arise, as well as continuous attacks against the STL, UNIFIL, and the pro-sovereignty March 14 movement.

Wahab has, in the past, accused Saudi Arabia of assassinating former Prime Minister Rafik Hariri.

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Tuesday, September 7, 2010

March 8 Parties Petition for the Dissolution of the STL

NOWLebanon reports that a delegation representing March 8 parties, traditionally allied to Syria and, in the case of Hizballah, Iran,
...visited UN Special Coordinator for Lebanon Michael Williams’ office on Saturday and delivered a memorandum asking UN Secretary General Ban Ki-moon to abolish the Special Tribunal for Lebanon (STL)...
...
The memorandum calls for the UN to replace the STL with a joint Arab-Lebanese commission to investigate the 2005 assassination of former Prime Minister Rafik Hariri...

... the March 8 parties also submitted the same memorandum to the Chinese and Russian embassies in Lebanon.
Absent from the memorandum was the signature of AMAL, the pro-Syrian half of the duopoly currently claiming [political] representation of the Shiite community in Lebanon.

AMAL has staked out increasingly divergent positions from those of Hizballah over the past several weeks and months.  This comes as  Syria  engages in a power struggle with Hizballah over influence in Lebanon.  That struggle translated into violence several ago in a fire fight started in the Burj Abi Haidar neighborhood of Beirut.

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Wednesday, September 1, 2010

Interview with STL Prosecutor Daniel Bellemare


NOWLebanon brings us an exclusive interview with STL Prosecutor Daniel Bellemare.  Excerpts from the interviewee below:
The Special Tribunal for Lebanon (STL) will not file an indictment in the case of the assassination of former Prime Minister Rafik Hariri in September, said Daniel Bellemare in an exclusive interview with NOW Lebanon. The Canadian prosecutor, who has not spoken to the media for almost a year, reacts to some recent rumors that have been circulating in the Lebanese media and states clearly that he never said he would file the indictment next month.

Let me state clearly that the indictment has not been drafted yet. As I have previously said, I will only file the indictment when I am satisfied that there is enough evidence."

"Currently I am working on what I would call the evidentiary process; I have to make sure that the evidence I will produce is admissible in court."

I want to make sure there is as much convincing evidence as possible.

Almost daily, new articles pop up in the Lebanese media quoting “sources close to the STL,” “exclusive secret reports” or “anonymous diplomatic sources.” What do you say to that?

Bellemare: I think it is sad for the people who read those newspapers [citing “sources close to the STL,” “exclusive secret reports” or “anonymous diplomatic sources.”] ... They are purely speculations, ... some of them are truly outrageous. ... Sometimes I wonder, “Why do they do this?” But of course, I am not going to speculate myself.

The one who knows about the case is me. People should remember this. Unless they can read into my brain, everything else is just speculation.

... the day I am faced with political interference I cannot deal with, I will resign. To those who say I am influenced by this or that person, I will tell them, “Sorry, but I am not!”

The position I have taken is that I do not have tunnel vision, meaning that when you have a theory, you try to fit all the evidence you have to that theory. This is something we have to get absolutely away from. If somebody comes to me with credible evidence that shows me that I may not be on the right path, whatever path I am on, then of course I will look at that material. That is exactly what we are doing. Mr. Nasrallah says I have material, and we are looking at it. But in order to make an assessment you need to work with a complete record. That is why we asked for the rest.

... The fact of the matter is we are not politicized. We operate in a political context, no question about that. But the decision that will be made is not a political decision. It would be a political decision if the decision would be influenced by politics. The decision that will be made is completely out of these things. It is made independently; nobody will tell me what to do.

The pace of the investigation is fairly steady at this point. We have made huge progress. You have to put things in context. Look at other large investigations: the Khobar Towers bombing in Saudi Arabia or the Oklahoma bombing. They all took time.

The Hariri case is probably one of the biggest murder investigations currently under development. Look at the Lockerbie trial; it took years before the whole process was finished. Even though I have to be very careful when I compare the Hariri case with something else.

... At the end of the day, we will talk through our indictment. That would be our response to everything.

I will not comment on what Mr. Siddiq says. Basically, he is not somebody we will produce in court as a witness.

Who stamped him [Hussam Hussam] and Siddiq false witnesses? I never used that expression. At this point, he is not a suspect. Just like Siddiq. I will just leave it to that.

Bellemare: [The Lebanese justice minister] was tasked by the Lebanese cabinet [to look into the issue of the false witnesses]. We have to respect the decision of the Lebanese government. Of course, I have the primacy over the investigation. So we will see where this leads.

Many people have told me that justice has to be transparent. I agree with that. But the question is: What has to be transparent? Not the investigative process. It is the judicial process that has to be transparent. I think many people are confused with that.
Update: Michael Young gives his assessment of the interview.

Wednesday, May 19, 2010

STL: Indictments and Some Personal Info

Indictments to come between September and December 2010 and some personal info from Cassesse, the Daily Star reports:
Special Tribunal for Lebanon prosecutor Daniel Bellemare plans to file charges this fall, tribunal President Antonio Cassese told The Daily Star in an exclusive interview on Saturday.
...
The UN Security Council established the court to try suspects in the February 2005 assassination of former Prime Minister Rafik Hariri, although the tribunal has a mandate to pursue the perpetrators behind assassinations, attempted killings and political violence from October 2004 through January 2007. Hariri’s killing sparked a wave of popular demonstrations which brought about the withdrawal of Syrian troops from Lebanon after a 29-year presence. Syria has always denied any involvement in Hariri’s assassination.

At the same time, Cassese believes the tribunal will struggle to find enough donations for its budget next year, because the added costs of a trial would run into state budgets shrunken by the economic crisis afflicting the Western nations bankrolling the court. Lebanon pays 49 percent of the tribunal’s annual budget, which for 2010 amounts to $55.35 million.
...
Experts on international law have said it remains unclear how far the tribunal could go in any case to pursue high-ranking politicians, because the court’s statutes do not address whether heads of state enjoy immunity from the court. While Cassese said he could not comment on his court’s jurisdiction, he added that he had previously published his opinion that international tribunals did not have to respect diplomatic immunity because of the serious nature of the crimes they deal with.

“As an academic studying international law, I am on record … I have always argued that, as the International Court of Justice rightly pointed out, heads of state do not have functional immunity – that means that immunity because of the exercise of their functions while they were incumbent,” Cassese said.

“They enjoy personal immunities, however, before national courts. Before international tribunals they don’t enjoy any immunity whatsoever.”

The tribunal has also battled negative perceptions over the exodus of key personnel. Since being officially established in a suburb of Holland’s The Hague in March last year, the tribunal has witnessed the exits of the chief of investigations and two registrars – the officials who act as the court’s chief executive. Cassese said that all international courts experienced high rates of staff turnover, but the departures were usually connected to outside issues such as family or more lucrative job opportunities.

“I know that when [registrar Robin Vincent] left and then when [Vincent’s successor] David Tolbert left, people said, ‘So there is something wrong with this tribunal,’” Cassese said. “This happens all the time because these are international institutions where people are, in a way, taken away from their own countries. You don’t have friends. You don’t make friends in The Hague. I only go out to dinner with ambassadors or judges. So you get fed up.”

Cassese resigned from his post as president of the International Criminal Tribunal for the former Yugoslavia because his wife threatened him with divorce, even though he relished the work, he said. “I myself left after seven years because my wife said, look, either you come back or I will divorce you,” he said. “I had no choice. I was very happy to work there. I enjoyed my job very much, but then I had a family problem.”