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The Syrian Judiciary and the Abolition of the Special Tribunal for Lebanon
Published in AL HAYAT on 06 - 10 - 2010

Some of the Lebanese and their regional allies are demanding that Prime Minister Saad Hariri abolish the Special Tribunal for Lebanon and its impending indictment, and for him to persuade the international parties concerned of the need to bury the truth. In other words, what is being demanded is for the earthquake that shattered Lebanon in the aftermath of the assassination of its Prime Minister Rafik Hariri and his companions, and all the assassinations that ensued, to be forgotten. How can Saad Hariri persuade the international parties concerned and the major democratic countries of this, while they insist that the tribunal has an independent course, all while the Syrian regime cannot interfere to stop half the 33 arrest warrants issued by it because of a lawsuit filed by a Lebanese citizen before the Syrian judiciary?
The Syrian Ambassador to Lebanon said that this matter is judicial, and is not linked to Syrian-Lebanese relations. But what about the Special Tribunal for Lebanon; is it not a judicial matter? Is it not an investigation into who was behind the string of assassinations that targeted some of Lebanon's finest men, from Rafik Hariri to Basil Fuleihan, Samir Kassir, Gebran Tueni, Pierre Gemayel and Walid Eido and his son, etc.? What a strange equation! The Prime Minister of a weak country who is asked to abolish an international resolution adopted by the major countries in order to stop assassinations and terrorist attacks, and a Syrian regime that seeks to improve its relations with Lebanon that cannot influence its own judiciary! How is that possible? And who would believe such an equation?
Some in the West thought that the end of Syria's isolation, its improved relations with Europe and France, and the American dialogue with Syria will comfort its regime and push it to improved and balanced relations with Lebanon.
The exchange of ambassadors was a [good] development, and is a step that the French President often likes to boast is of his own making, and that his policies have succeeded. While the French president insists on supporting the Special Tribunal for Lebanon and has confirmed this to several Arab visitors that tried to persuade him of delaying the tribunal's indictment, he has many concerns and Lebanon is not a priority in his many preoccupations. Instead, he is particularly interested in playing a role in the peace process, and realizes that the weak Lebanon cannot decide to enter into peace negotiations. Sarkozy thus made some efforts in this vein in the beginning of his term with President Michel Suleiman, but soon realized that the Lebanese decision lies with Syria. Sarkozy aspires to play a role on the Syrian-Israeli negotiation track with Turkey, but this will not happen unless France has excellent relations with Syria. Thus, protecting French-Syrian relations represents bigger gains and a priority for the French president because this may lead to giving him a role should Syria agree to do so. However, Syria insists on the Turkish role.
In any case, there is no peace in sight. Israel, according to a Western diplomat serving there, is not interested in peace with Syria, as it is in a state of no war and no peace with its neighbor (in truth, it is closer to being at peace with Syria with quiet northern borders.) As a result, Lebanon has returned to the past equation: A decline in its sovereignty with the consent of major countries, under a weak authority and the domination of opposition forces.
The Special Tribunal for Lebanon is important for at least the one million Lebanese from all sects and communities who took to the streets following the series of assassinations that targeted innocent people that struggled through their words and pens for sovereignty. They were killed for nothing!
In fact, the current battle over the tribunal and the indictment has a different purpose than the subject of the tribunal. Everybody knows that neither the battle over the funding of the Special Tribunal for Lebanon nor the pressures put on Hariri will abolish it. Rather, it is a battler for more influence aimed at altering the balance of powers in the constitution. In other words, the amendment of the Taef Accord is exactly what the factions orchestrating the battle over the tribunal want. The factions that are in control on the ground owing to their weapons and their victory over Israel are in need for a greater legitimatized role.
Meanwhile, no one knows yet the identity of the murderers of Hariri and the rest of the martyrs of Lebanon, as long as Daniel Bellemare is yet to conclude his investigations.
For a while now, the whole of Lebanon has turned into investigators à la Daniel Bellemare, from Hezbollah's Secretary-General who went ahead of the indictment in defending the party and accusing Israel instead, to the Prime Minister who acknowledged that he wrongfully accused Syria.
But who really knows what Bellemare has in his pocket? The answer is no one. Everyone in Lebanon fears the repercussions of the indictment. However, the actual fears involve the eroding sovereignty that lasted briefly, and became an illusion thanks to some Lebanese. The major countries have changed and want to burn all bridges to the past, especially as their interests lie with powerful states, even if these are undemocratic.
God have mercy on Lebanon and martyrs who died for the sake of the country's sovereignty and independence, for they were assassinated along with the hearts of their families and loved ones! Lebanon has lost the battle for its sovereignty!


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