The office of the Prosecutor is headed by the main prosecutor for the Tribunal, Normal Farrell, originally of Canada. This office has many responsibilities including the continued investigation of the crimes in question and the prosecution of all those indicted. The office must investigate the events leading up to, occurring and following February 14, 2005 that are or may be associated with the plot to assassinated Rafiq Hariri and all those crimes that the Security Council says falls within the purview of the Tribunal. The investigation division is comprised of international experts that have experience in investigation of terrorist attacks and those that are most familiar with the fragile structure of the Lebanese state of affairs. The prosecutor is responsible to the public and as such, the investigations and work are done at the highest international standards so that they cannot be called into question.
The existence of a defense office is highly irregular in an international criminal tribunal but has been created in the Special Tribunal for Lebanon to ensure that the accused are represented and given a fair trial. The office does not represent the accused but maintains a list of lawyers that are qualified to do so and is allowed to appoint one of these lawyers for the accused if they do not appear for trial, cannot afford counsel or are being tried in absentia. They are allowed to provide research to the defense and advice to counsel as the trials at the Special Tribunal are commencing in a manner that few lawyers have experience with. Defense counsel is completely independent of the Tribunal as it was would be a conflict of interest to have a department directly representing the accused housed within the body that is...
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...Who killed lebanon's rafik hariri?. CBCNews. Retrieved from http://www.cbc.ca/news/world/cbc-investigation-who-killed-lebanon-s-rafik-hariri-1.874820
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Gardner, M. (2011). Reconsidering trials in absentia at the special tribunal for lebanon: An application of the tribunal's early jurispendence. George Washington International Law Review, 43, 91-136. Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1904840
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In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
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...es’ constitutions, the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights, according to Wright, “pressed for the acceptance of its rulings in Argentine courts” (166). Not only international efforts, but also domestic efforts, to apply international jurisprudence to local courts were on the rise. For example, in 1995, CELS launched its “program for the application of international law to human right in local courts” based on the amendments to the Argentine constitution (Wright 166). Just as well, human rights lawyers pushed “courts to embrace the international principle that crimes against humanity cannot be amnestied” (Wright, 167). In sum, the International human rights lobby wanted each country to mold its human rights jurisprudence around the rulings of international human rights law, and domestic actors adopted the same goal.
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...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
...., Raič, and Thuránszky J., The International Court of Justice: its future role after fifty