Though the mills of God grind slowly;
Yet they grind exceeding small...
- Henry Wadsworth Longfellow
The
wheels of justice, like the mills of God, are known to grind slowly, but the
judicial process to determine who was guilty of the assassination of Lebanon’s
one-time Prime Minister, and to bring the culprits to justice, seems
interminable.
Just before noon on St Valentine’s day 2005 – February 14 – a
motorcade swept along the Beirut seafront.
In one of cars sat Lebanon’s ex-Prime Minister, Rafik Hariri, returning
home from a parliamentary session in central Beirut. As the line of vehicles reached the Hotel
Saint Georges, a security camera captured a white Mitsubishi truck alongside the convoy.
Seconds later a massive explosion shook the city. In the midst of the carnage Rafik Hariri,
along with 22 other people, lay dead.
Some 200 were injured. The blast
left a crater on the
street at least 10-metres wide and two metres deep and, as Michael Young, opinion editor of the Daily Star, the country's chief
English-language newspaper, later recounted, he felt the impact in his apartment two miles
away.
Ten days later
UN Secretary General, Kofi Annan, sent a fact-finding mission to Beirut to discover
who was responsible for the attack. In
doing so he was certainly unaware that he was giving birth to what might be
termed a new judicial industry – the Lebanon Inquiry process. Now in its tenth year, it is currently under
the aegis of the Special Tribunal for Lebanon (the STL), a body voted into
existence by the UN Security Council in 2007, formally established in 2009, and
now, if its elaborate website is anything to go by, comparable to some large
commercial enterprise.
Operating on a
budget of over $150 million, half of which is provided by the Lebanese
government, the STL court, which consists of 11 judges – seven international and four
Lebanese – sits in The Hague. Hearings
are broadcast through the STL website. The tribunal runs its own public
affairs office, which arranges briefings and interviews for journalists, providing
them with press releases, court papers, photographs, audio-visual material,
fact sheets and basic legal documents. In addition, located within the STL building is a media centre whose facilities
include Wi-Fi internet access, television screens to follow the hearings, and recording
facilities in Arabic, English and French.
How – and
more important perhaps, why – did
this complex judicial operation emerge from Kofi Annan’s decision, immediately
following the assassination, to send a small investigative team to Beirut?
That team spent a month attempting to get at the truth, but in the
end, recognising the logistical and political difficulties, submitted a report
recommending an independent international enquiry. Kofi Annan followed the group’s advice. He assembled another, more highly-powered,
team of Investigators and sent them to Lebanon.
Six months later a second UN report concluded
that the white truck seen on the security camera outside the Hotel Saint
Georges had carried some 1,000 kilograms of explosive. Since Hariri's convoy contained jamming
devices intended to block remote control signals,
they concluded that the attack was carried out by a suicide bomber. The
report cited a witness who said the bomber was an Iraqi, who had been led to
believe that his target was Iraqi Prime Minister Iyad Allawi.
The report concluded that top Syrian and Lebanese officials had been planning
the assassination from as far back as mid-2004. Its findings were
based on key witnesses and a variety of evidence, including patterns of
telephone calls between specific prepaid phone cards that connected prominent
Lebanese and Syrian officials to events surrounding the crime.
So already in
2005 the finger was pointing at Syria and its Hezbollah supporters inside
Lebanon. In fact, Lebanese public opinion pre-empted this conclusion. Lebanon’s powerful neighbour Syria had been
enforcing Big Brother control over Lebanese affairs for decades. Rafik Hariri had been actively seeking to
loosen Syria’s oppressive grip, and had become something of a thorn in the side
of the Syrian president, Bashar Assad. Following
Hariri’s assassination a massive protest was organized in Martyrs’ Square in
the heart of downtown Beirut, denouncing the atrocity and demanding that Syrian
troops be expelled from the country.
This so-called Cedar Revolution caught the
world's attention. A diplomatic coalition was formed, with the United States,
France, and Saudi Arabia at its helm. On April 26, 2005, after some three
months of civil agitation, the last Syrian troops left Lebanon.
It took another four years of fact-finding by the
United Nations International Investigation Commission (UNIIC) before sufficient
additional and convincing evidence had been collected to enable the STL to be
set up. Even so, largely because of
blocking tactics employed by Hezbollah officials inside Lebanon, the five identified
defendants have not been apprehended and the trial is being held in their
absence. They are named as: Salim Ayyash, Mustafa Amine
Badreddine, Hussein Hassab Oneissi, Sassad Hassan Sabra, and Hassan Habib Merhi.
The trial of Ayyash et al. began on
16 January 2014. In preparing the case the prosecution had carefully
steered clear of accusations against Syria, trying to avoid a diplomatic confrontation
with President Bashar Assad and Syria’s
supporters. Suddenly, on Friday November 14, the STL executed a major and
controversial U-turn. It decided to
allow prosecutors to present new evidence against Assad, focusing on the
breakdown of relations between him and Hariri. The Tribunal may have felt emboldened to do so
by Assad’s considerable loss standing in much of the world during the Syrian
civil war. Beirut’s Daily Star reported that prosecutors will
seek to expose Assad’s role in Hariri’s assassination.
“Let’s call a spade a spade, your honor,” said Iain Edwards, a defense lawyer for a senior
Hezbollah operative accused of complicity in the attack. “The prosecutor is now
basing his case on Syria being behind the assassination of Rafik Hariri” – in other words that Assad wanted
the Lebanese prime minister killed, and used his security apparatus to achieve
his objective. In effect the Tribunal is
raising the possibility that the answer to the question “Who killed Rafik
Hariri?” is President Bashar Assad of Syria.
Whether
this dramatic development will have the effect of clarifying the issues and
speeding the judicial process is dubious in the extreme. The probable result will be to introduce new
complications into the trial proceedings, widen their scope and further protract
the hearings into an indefinite future.
“The task of the STL.” said its President, Judge Sir David Baragwanath recently and somewhat redundantly, “is to increase its efforts to
complete the task given to it by the Security
Council on behalf of the people of Lebanon" – a pious
pronouncement to which we could all, though without much conviction, say “Amen”.
Published in the Jerusalem Post on-line, 2 December 2014:
http://www.jpost.com/Experts/Who-killed-Rafik-Hariri-383454?prmusr=439bvbP0Ql2Rkra7OHtTKf%2bk8EGnksVeVI5%2bWfj5Y0jEjVU4ezZ879yAlGXZecXk
Published in the Eurasia Review, 28 November 2014:
http://www.eurasiareview.com/28112014-killed-rafik-hariri-oped/
Published in the Jerusalem Post on-line, 2 December 2014:
http://www.jpost.com/Experts/Who-killed-Rafik-Hariri-383454?prmusr=439bvbP0Ql2Rkra7OHtTKf%2bk8EGnksVeVI5%2bWfj5Y0jEjVU4ezZ879yAlGXZecXk
Published in the Eurasia Review, 28 November 2014:
http://www.eurasiareview.com/28112014-killed-rafik-hariri-oped/