Bulletin n. 2/2008 | ||
September 2008 | ||
Mugraby Muhamad |
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The Syndrome of One-Time Exceptions and the Drive to Establish the Proposed Hariri Court | ||
in Mediterranean Politics , Volume 13, Issue 2, July , 2008 , 171-194 | ||
Based on Lebanese and international juridical sources and the author's long experience in the Lebanese legal system, this article questions the exclusive focus on the murder of Hariri in the ongoing drive to find and try suspects by a special quasi-international court under the aegis of the UN Security Council. It historicizes the judicial procedures for dealing with political crimes in Lebanon and argues that while sincere adoption of universal justice is highly desirable in principle, universal jurisdiction should supplement, and not replace, local judicial systems. The Hariri Tribunal is problematic because it restricts prosecution to Hariri and a small number of related victims. Instead, the paper argues that a more potent and general form of universal jurisdiction should be made available through a combination of Lebanese judicial reform and the creation of an international human rights tribunal with the right of appeal from local courts. | ||