Judge Cassese had informed Secretary General of the UN Ban Ki-moon two weeks ago about his intention to resign from his position due to differences between Bellemare and some of the Tribunal’s judges. (Photo: Haytham al-Moussawi)
STL’s Cassese: Resignation Likely Sign of Infighting not Ill-Health
The resignation of Judge Antonio Cassese as president of the Special Tribunal for Lebanon (STL) is the latest in a string of resignations likely prompted by power struggle betwen prosecutor Daniel Bellemare and STL judges.
An official statement issued from the Hague indicated that President of the Special Tribunal for Lebanon (STL) Antonio Cassese resigned due to ‘health reasons.’ It it telling that Cassese said when commenting : “For two-and-a-half years I have endeavored to steer the STL through difficult waters efficiently and fairly.” On 23 April 2009, a few days after the STL began operating; Cassese had explained some aspects of those difficult circumstances to al-Akhbar:
At the time, Cassese said in a recorded statement: “I morally feel that I am suffering from duality. Even more, I feel disturbed when I notice that we are undertaking selective justice.” Cassese was referring to the indifference by the international community towards the prosecution of the crimes of Guantanamo, Iraq, Gaza among others. Cassese announced Monday that he did not feel he is “able to provide the leadership that the Tribunal requires and deserves.” He said that the decision to step down as president was difficult for him personally, “but it was the correct choice for the Tribunal”.
The president of the STL has a wide range of tasks, including oversight of the effective functioning of the Tribunal and the proper administration of justice, as well as representing the STL in its relationship with the US, the United Nations and other entities. Nevertheless, the criminal cases have not yet reached the stage of public trials. Thus, most of the problems that Cassese faced are related to the proper administration of justice in the preliminary stage.
This stage has witnessed many tensions between prosecutor Daniel Bellemare and his colleagues. The resignation of British Registrar of the STL Robin Vincent in 2009 was the first sign of disagreements between the prosecutor and some judges and court officials. Vincent resigned because Bellemare insisted on raising the investigation team’s budget and designating an office for external communication exclusively for himself. Vincent said he resigned because of some practices that do not meet “the highest international standards in the field of criminal justice”. (Resolution 1757/2007)
This was followed by tension between Bellemare and Pre-Trial Judge Daniel Fransen, prompting the prosecutor to refuse to answer Fransen’s questions. Bellemare also appealed Fransen’s decisions to provide Major General Jamil al-Sayyed with necessary documents for the prosecution of those behind al-Sayyed’s arbitrary detention. According to a source in the Hague close to Bellemare, the tension increased after Bellemare lost all the appeals he had filed to the Appeal Chamber. Bellemare even expressed dismay at Cassese to STL staff by asking whether he (Cassese) does not understand that the jurisdiction of the tribunal is over the case of Rafic Hariri and not that of Jamil al-Sayyed.
A Temporary Compromise
In a phone interview with al-Akhbar, a New York based UN official said that Judge Cassese had informed Secretary General of the UN Ban Ki-moon two weeks ago about his intention to resign from his position due to differences between Bellemare and some of the Tribunal’s judges.
According to the source, Cassese also passed on to Ban a complaint that Judge Fransen had filed against the prosecutor. Ban discussed this matter with [UN] officials in New York. He decided that losing Bellemare or Cassese during “this historical stage of the first tribunal on terrorist crimes” might lead to the erosion of what is left of its credibility. The UN source says that Ban decided to adopt a temporary compromise. This compromise required Cassese to step down as President of the tribunal due to ‘health reasons,’ and continue to serve as a judge of the Tribunal's Appeals Chamber, despite his alleged health issues. On the other hand, Bellemare would stay in his position backed by international support, as today he constitutes the vangard of ‘the war on terrorism’ by targeting Hezbollah.
Resignations Rapid and Mysterious
In addition to the resignation of the Registrar Robin Vincent, the difficult circumstances Cassese mentioned upon his resignation coincided with the resignation of a large number of the Tribunal staff, notably David Tulbert (September 2009), who resigned a few weeks after he was appointed successor of Vincent. Other resignations followed, such as that of the head of public relations Peter Foster, the prosecutor’s spokesperson Radiya Ashouri (May 2010) and her successor Henrietta Aswad (September 2010).
Furthermore, the director of the Department of Investigation in the prosecutor’s office had announced the latter had no plans to renew his contract, and left the Hague on 28 February 2010. Four month before that (November 2009), Judge Howard Morrison resigned. A few days before that, the Tribunal spokesperson Susan Khan resigned too. Fatima al-Issawi, her successor, in turn resigned on 11 December, 2010. It is worth mentioning that resignations are not uncommon in international criminal tribunals, but in the case of the STL, they have been happening at a quick pace and under mysterious circumstances.
The New President David Baragwanath
The Tribunal’s judges unanimously elected Judge Sir David Baragwanath from New Zealand as president of the STL and Presiding Judge of the Appeals Chamber, after being proposed by Vice-President Riachy and Judge Cassese. "Public confidence in the Tribunal requires that we adhere strictly to the rule of law", said Judge Baragwanath upon his election, similar to what Bellemare said the day he was appointed as a prosecutor. He added: "The people of Lebanon are entitled to receive from our Tribunal the highest standards of justice delivered without fear or favour, affection or ill-will. Essential among its elements is the presumption of innocence, expressed in the twin rules that the onus of proof lies on the prosecution; and that proof of every element charged must be beyond reasonable doubt.”
Baragwanath was joined the STL in March 2009. In 2010, he was made a Knight Companion of the New Zealand Order of Merit in recognition of his experience as a Court of Appeal judge.
Baragwanath attended Auckland Grammar School and Oxford University. He began his career [as a member of] the lawyers’ syndicate in New Zealand. He was appointed the Queen’s Counsel in 1983. He assumed the tasks of prosecution and defense in major criminal cases, notably complicated murder and fraud trials.
From 1996 to 2001, Baragwanath headed the New Zealand Law Commission. In 2004, he was appointed head of the Committee on Rules at New Zealand courts. He was a permanent member of the New Zealand Court of Appeal until his retirement in 2010. In addition to his judicial work, Baragwanath has given several lectures and written books and articles on national and international human rights issues, constitutional matters, the rule of law and international judicial cooperation. He has taught in Cambridge University, Queen Mary- University of London, University of Hong Kong, and University of Manitoba.
This article is an edited translation from the Arabic Edition
An official statement issued from the Hague indicated that President of the Special Tribunal for Lebanon (STL) Antonio Cassese resigned due to ‘health reasons.’ It it telling that Cassese said when commenting : “For two-and-a-half years I have endeavored to steer the STL through difficult waters efficiently and fairly.” On 23 April 2009, a few days after the STL began operating; Cassese had explained some aspects of those difficult circumstances to al-Akhbar:
At the time, Cassese said in a recorded statement: “I morally feel that I am suffering from duality. Even more, I feel disturbed when I notice that we are undertaking selective justice.” Cassese was referring to the indifference by the international community towards the prosecution of the crimes of Guantanamo, Iraq, Gaza among others. Cassese announced Monday that he did not feel he is “able to provide the leadership that the Tribunal requires and deserves.” He said that the decision to step down as president was difficult for him personally, “but it was the correct choice for the Tribunal”.
The president of the STL has a wide range of tasks, including oversight of the effective functioning of the Tribunal and the proper administration of justice, as well as representing the STL in its relationship with the US, the United Nations and other entities. Nevertheless, the criminal cases have not yet reached the stage of public trials. Thus, most of the problems that Cassese faced are related to the proper administration of justice in the preliminary stage.
This stage has witnessed many tensions between prosecutor Daniel Bellemare and his colleagues. The resignation of British Registrar of the STL Robin Vincent in 2009 was the first sign of disagreements between the prosecutor and some judges and court officials. Vincent resigned because Bellemare insisted on raising the investigation team’s budget and designating an office for external communication exclusively for himself. Vincent said he resigned because of some practices that do not meet “the highest international standards in the field of criminal justice”. (Resolution 1757/2007)
This was followed by tension between Bellemare and Pre-Trial Judge Daniel Fransen, prompting the prosecutor to refuse to answer Fransen’s questions. Bellemare also appealed Fransen’s decisions to provide Major General Jamil al-Sayyed with necessary documents for the prosecution of those behind al-Sayyed’s arbitrary detention. According to a source in the Hague close to Bellemare, the tension increased after Bellemare lost all the appeals he had filed to the Appeal Chamber. Bellemare even expressed dismay at Cassese to STL staff by asking whether he (Cassese) does not understand that the jurisdiction of the tribunal is over the case of Rafic Hariri and not that of Jamil al-Sayyed.
A Temporary Compromise
In a phone interview with al-Akhbar, a New York based UN official said that Judge Cassese had informed Secretary General of the UN Ban Ki-moon two weeks ago about his intention to resign from his position due to differences between Bellemare and some of the Tribunal’s judges.
According to the source, Cassese also passed on to Ban a complaint that Judge Fransen had filed against the prosecutor. Ban discussed this matter with [UN] officials in New York. He decided that losing Bellemare or Cassese during “this historical stage of the first tribunal on terrorist crimes” might lead to the erosion of what is left of its credibility. The UN source says that Ban decided to adopt a temporary compromise. This compromise required Cassese to step down as President of the tribunal due to ‘health reasons,’ and continue to serve as a judge of the Tribunal's Appeals Chamber, despite his alleged health issues. On the other hand, Bellemare would stay in his position backed by international support, as today he constitutes the vangard of ‘the war on terrorism’ by targeting Hezbollah.
Resignations Rapid and Mysterious
In addition to the resignation of the Registrar Robin Vincent, the difficult circumstances Cassese mentioned upon his resignation coincided with the resignation of a large number of the Tribunal staff, notably David Tulbert (September 2009), who resigned a few weeks after he was appointed successor of Vincent. Other resignations followed, such as that of the head of public relations Peter Foster, the prosecutor’s spokesperson Radiya Ashouri (May 2010) and her successor Henrietta Aswad (September 2010).
Furthermore, the director of the Department of Investigation in the prosecutor’s office had announced the latter had no plans to renew his contract, and left the Hague on 28 February 2010. Four month before that (November 2009), Judge Howard Morrison resigned. A few days before that, the Tribunal spokesperson Susan Khan resigned too. Fatima al-Issawi, her successor, in turn resigned on 11 December, 2010. It is worth mentioning that resignations are not uncommon in international criminal tribunals, but in the case of the STL, they have been happening at a quick pace and under mysterious circumstances.
The New President David Baragwanath
The Tribunal’s judges unanimously elected Judge Sir David Baragwanath from New Zealand as president of the STL and Presiding Judge of the Appeals Chamber, after being proposed by Vice-President Riachy and Judge Cassese. "Public confidence in the Tribunal requires that we adhere strictly to the rule of law", said Judge Baragwanath upon his election, similar to what Bellemare said the day he was appointed as a prosecutor. He added: "The people of Lebanon are entitled to receive from our Tribunal the highest standards of justice delivered without fear or favour, affection or ill-will. Essential among its elements is the presumption of innocence, expressed in the twin rules that the onus of proof lies on the prosecution; and that proof of every element charged must be beyond reasonable doubt.”
Baragwanath was joined the STL in March 2009. In 2010, he was made a Knight Companion of the New Zealand Order of Merit in recognition of his experience as a Court of Appeal judge.
Baragwanath attended Auckland Grammar School and Oxford University. He began his career [as a member of] the lawyers’ syndicate in New Zealand. He was appointed the Queen’s Counsel in 1983. He assumed the tasks of prosecution and defense in major criminal cases, notably complicated murder and fraud trials.
From 1996 to 2001, Baragwanath headed the New Zealand Law Commission. In 2004, he was appointed head of the Committee on Rules at New Zealand courts. He was a permanent member of the New Zealand Court of Appeal until his retirement in 2010. In addition to his judicial work, Baragwanath has given several lectures and written books and articles on national and international human rights issues, constitutional matters, the rule of law and international judicial cooperation. He has taught in Cambridge University, Queen Mary- University of London, University of Hong Kong, and University of Manitoba.
This article is an edited translation from the Arabic Edition
Uprooted Palestinian
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