Statute and location of the Special Tribunal
To ensure impartiality and independence of the Special Tribunal, his statute shall include a series of guarantees.
It shall provide for a transparent and stringent process concerning the appointment of the judges and the Prosecutor and stipulate that the Chambers be composed of Lebanese and international judges.
Besides, the Statute shall protect the rights of the accused and give the victims the right to set forth their views and concerns when the pre-trial Judge or the Chamber thinks that would be relevant.
Regarding considerations of justice and fairness, as well as security and administrative efficiency, the Special Tribunal shall have its seat outside Lebanon. It was so decided that it will be located in the city of The Hague in The Netherlands, where are already located the ICTY and the ICC. The tribunal shall commence functioning on 2008; the date will be later determined by the UN Secretary General in consultation with the Lebanese government.
Organisation of the Special Tribunal
The Special Tribunal shall consist of four organs: the Chambers, the Prosecutor, the Registry and the Defence Office.
The Chambers shall be composed of a Pre-Trial Judge, a Trial Chamber (three judges) and an Appeals Chamber (five judges).
A second Trial Chamber shall be created if, after the passage of at least six months from the commencement of the functioning of the Special Tribunal, the Secretary-General or the President of the Special Tribunal so requests.
The presence of a Pre-Trial Judge is essential to ensure the efficiency and expediency of the procedure. This judge shall review and confirm the indictments. He shall also issue arrest warrants, orders for surrender of persons and all other orders necessary to the conduct of the investigations and the preparation of the trials.
An independent Defence Office shall protect the rights of the defence, draw up the list of defence counsel and provide support and assistance to defence counsel and persons entitled to such legal assistance.
Appointment of the judges and the prosecutor
In accordance with the Statute, all the judges of the Tribunal shall be “of high moral character, impartiality and integrity, with extensive judicial experience”.
The Special Tribunal shall be composed of eleven judges; some of them shall be Lebanese judges and others international judges. However, the total number of judges shall depend on the creation of a second Trial Chamber at the request of the Secretary-General or the Special Tribunal, after the passage of at least six months from the commencement of the functioning of the Special Tribunal.
The second Trial Chamber shall be composed of three judges, one Lebanese judge and two international judges.
Lebanese judges (normally four) shall be appointed by the UN Secretary-General from a list of twelve persons presented by the Lebanese government upon the proposal of the Lebanese Supreme Council of the Judiciary.
International judges (normally seven) shall be appointed by the UN Secretary-General upon nominations forwarded by States or by “competent persons”.
Judges shall be appointed for a three-year period.
The Secretary-General, in consultation with the Lebanese government, shall appoint an international Prosecutor for a three-year term.
A Lebanese Deputy Prosecutor shall be appointed by the Lebanese government, in consultation with the Secretary-General and the Prosecutor, to assist the Prosecutor in its functions.
The Secretary-General shall appoint the judges and the Prosecutor upon the recommendation of a selection panel composed of two judges, currently sitting on or retired from an international tribunal, and the representative of the Secretary-General. On the 11th October 2007, he informed the Security Council of his intention to appoint Judge Mohamed Amin El Mahdi (Egypt), Judge Erik Møse (Norway) and Nicolas Michel, UN Legal Counsel and Under-Secretary-General for Legal Affairs, to the selection panel to recommend to him the names of judges and chief prosecutor to work on the Special Tribunal for Lebanon. Judge El Mahdi formerly served on the International Criminal Tribunal for the former Yugoslavia (ICTY) and Judge Møse currently serves as a presiding judge with the International Criminal Tribunal for Rwanda (ICTR).
Financing
51% of the expenses of the Tribunal shall be borne by voluntary contributions from States. The government of Lebanon shall finance 49% of the expenses.
The Tribunal will start to function once sufficient contributions have been received to finance its establishment and its first twelve months of its operations. The Tribunal, having an initial three-year mandate, shall command a budget assessed to at least 30 millions dollars for the first year plus pledges of contributions equal to the anticipated expenses of the following 2 years.
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