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| Mahmud Ramadan to Al-Manar Website: This is Why Antonio Cassesse Resigned…
International law expert Dr Mahmud Ramadan said the health reasons were not enough for the Special Tribunal for Lebanon (STL) President Antonio Cassesse to resign from his post. Ramadan doubted such reasons were true, but said that even if they were true, they are not enough. He declared that if they had been enough, then Cassesse would have resigned from the whole tribunal. Dr Ramadan also noted that the Lebanese state can reject the STL financing under the pretext that it was financially unable to pay the required amount. He undermined all claims of possible sanctions to be imposed on Lebanon in such case. Yet, he pointed to the presence of specific sides which are more concerned with the martyrdom of former Prime Minister Rafiq Hariri than other Lebanese, in reference to the Hariri family. He wondered why this family does not contribute in financing the tribunal, given that it possesses capabilities that are probably not available to the state. He stressed that Lebanese want truth and justice, but highlighted they don’t want whatever. HEALTH REASONS NOT ENOUGH  International Law expert Dr Mahmoud Ramadan pointed to the resignation of STL President Antonio Cassesse as announced by the tribunal. The tribunal declared on Monday that Judge Sir David Baragwanath has been unanimously elected President of the Tribunal and Presiding Judge of the Appeals Chamber, after being proposed by Vice-President Ralph Riachy and Judge Antonio Cassese. It said that the appointment of the new President by the Appeals Chamber follows the resignation, on health grounds, of Judge Cassese as President. Yet, it noted that Judge Cassese will continue to serve as a Judge of the Tribunal's Appeals Chamber. Dr Ramadan noted that this resignation was not the first in relation with the STL, but remarked that it was the first of its kind at the level of the judges, as previous resignations were administrative. He said that the health grounds announced by the tribunal were not enough and do not justify the resignation, especially that Cassesse will continue to serve in the Appeals Chamber. Thus, he doubted the credibility of these grounds, and said that, even if they were true, then nothing justifies why he didn’t resign from the whole tribunal. Dr Ramadan pointed, meanwhile, to some other causes which were not settled by Cassesse as STL President, including the request made by former General Security Chief General Jamil Sayyed to get false witnesses’ documents. He said that Cassesse who, instead of taking a decision in this regard, transferred the file to United Nations chief Ban Ki-moon, has committed an enormous mistake. “It is true that the tribunal was created through an international resolution, but this doesn’t mean that it should not perform its duties freely,” he said, as he also quoted Cassesse himself as telling his students during an earlier stage that all international tribunals are politicized. CASSESSE PUZZLED…  Dr Ramadan expressed belief that Cassess want to escape the lights and prefers to be a normal judge in the meaning that he doesn’t want to assume responsibility, given that the tribunal’s president holds the hugest responsibility. He pointed to the false witnesses’ issue. “The STL Prosecutor himself admitted their testimonies were inaccurate. Yet, no one suggested to even question them, nothing more. Here, the STL President assumes a big part of the responsibility,” he explained.Ramadan also pointed to the obstacles preventing the arrest of the suspects, who are still not indicted. He hinted in this context that some sides were pressuring Cassesse to issue an indictment convicting the four suspects, even before the trial goes on. Even more, the most dangerous thing according to him is that the STL President might have been pressured to revive the indictment by adding the names of officials in brother states, mainly Syria, to the list of suspects. Dr Ramadan said that, for all the reasons listed above, Cassesse found himself puzzled. “At the end, he’s a judge. The judge has always his conscience playing, regardless of all pressures. He can’t afford trying innocent people,” he said. He recalled that international tribunals are generally politicized and unfair. ALTERNATIVES AVAILABLE…  The international law expert said that the resigning STL President is also aware of the current conflict in Lebanon over the legal aspect of the tribunal. He recalled that this tribunal was created under Chapter 7 of the United Nations pact and that it was neither legal nor constitutional, given that its creation procedures were not valid. He highlighted that it was a Special Tribunal for Lebanon, not an international tribunal with the absolute meaning of the term. He also pointed that it was created under the demand of a specific Lebanese side which does not enjoy the required legality, in reference to then unconstitutional government of Fouad Saniora. He recalled that constitutional norms were not adopted, as the Parliament did not even discuss it. Dr Ramadan concluded that the health grounds, even if true, were absolutely not enough for the STL President to resign. He noted that if such grounds were accurate, then Antonio Cassesse would have resigned from the whole tribunal and would not continue to serve as a Judge of the Tribunal's Appeals Chamber. Yet, he ruled out that this resignation would leave an impact on the tribunal’s process, and said that alternatives are always available. “Whoever appoints the judges, mainly the foreign ones, has always an alternative,” he said. LEBANON UNABLE TO PAY  In a related issue, Dr Ramadan stressed the necessity that the government takes a firm and solid stance towards the tribunal. He urged the cabinet to return to the signed protocol between the Lebanese state and the United Nations concerning the procedures, and noted that clause 18 or 19 allows the Lebanese state to demand the international organization to reconsider the tribunal’s decisions.Dr Ramadan tackled the conflict taking place over financing the STL, and spoke of two ways to deal with the issue. He said that if Lebanon does not pay the required amount, then other states could compensate the lack of money, and this is basic. He explained that the Lebanese state cannot refuse to finance the STL under the pretext that it was financially unable to do so, which is true. He pointed to the recent crisis that erupted in Athens and Portugal and which is expected in other European countries. “The situation in Lebanon is even more complicated given the number of its citizens and its space,” he said. WHAT ABOUT HARIRI FAMILY? Dr Ramadan pointed to the presence of specific sides which are more concerned with the martyrdom of former Prime Minister Rafiq Hariri than other Lebanese, in reference to the Hariri family. He wond  ered why this family does not contribute in financing the tribunal, given that it possesses capabilities that are probably not available to the state.The expert undermined claims of sanctions to be imposed against Lebanon in case the STL was not financed. He said that if the financing sources was not guaranteed, then the UN chief could urge the world governments to contribute. He said that sanctions were out of discussion, and said that a big part of the Lebanese population declared its commitment to the tribunal, but found itself unable to pay the required amount of money. To conclude, Dr Ramadan reiterated that Lebanese in general want truth and justice. He pointed that all Lebanese were concerned, but that they do not seek “whatever.” | |||
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