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DOI 10.37749/2308-9636-2020-7(211)-6

Bazov O. V. Special tribunal for Lebanon: legal and institutional principles of activity

The article presents the result of a study of the legal and institutional framework of the Special Tribunal for Lebanon. In particular, the role of the UN Security Council and the Government of the Lebanese Republic in the establishment of this Tribunal, the features of its legal and institutional framework as a court of international character are determined. The analysis of its international and national components is carried out. The jurisdiction of the Tribunal and the practice of its activity are studied.

In the current conditions of active development of the system of international criminal justice in the field of view of the science of international law are international criminal courts of the so-called “new wave” or “third generation”, the study of legal and institutional principles of which is of great scientific and practical interest.

The aim of the article is to study the legal and institutional foundations of the formation and operation of the court of international character – the Special Tribunal for Lebanon, which occupies a special place in the international criminal justice system given the specific features of its formation and operation, its international and national components.

The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the establishment and operation of the Special Tribunal for Lebanon in Ukraine is carried out for the first time.

The study of the legal and institutional foundations of the establishment and operation of this Tribunal, its jurisdictional powers and practices is important both for the further development of international criminal law and for the improvement of the international criminal justice system.

Key words: international crimes, terrorism, special tribunal, legal bases, institutional bases.

 

References

  1. UN Charter. URL: http://zakon.rada.gov.ua/ laws / show / 995_010.
  2. UN Security Council Resolution 1757 (2007), adopted at the 5685th meeting of the UN Security Council on 30 May 2007: UN Document S / RES / 1757 (2007), 30 May 2007: Publication on the official website of the Special Tribunal for Lebanon : stl-tsl.org/en/documents/un-documents/security-council-resolution-1757.
  3. Agreement between the United Nations and the Lebanese Republic on the Establishment of the Special Tribunal for Lebanon – United Nations Document S / RES / 1757 (2007), 30 May 2007: Publication on the official website of the Special Tribunal for Lebanon: stl-tsl.org/en / documents / un-documents / security-council-resolution-1757.
  4. Annex to the letter dated 13 December 2005 from the Chargé d’affaires ai of the Permanent Mission of Lebanon to the United Nations addressed to the Secretary-General: United Nations document: S / 2005/783. – New York: UN, 2005.
  5. Statute of the Special Tribunal for Lebanon: United Nations Document S / RES / 1757 (2007), 30 May 2007: Publication on the official website of the Special Tribunal for Lebanon: stl-tsl.org/en/documents/un-documents/security-council- resolution-1757.
  6. Vienna Convention on Diplomatic Relations of 1961 [Electronic resource]. – Access mode: https: /zakon.rada.gov.ua/laws/show/995_048.Text.
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  8. See: Michael P. Schart. «Special Tribunal for Lebanon Issues Landmark Ruling on Definition of Terrorism and Modes of Participation», ASIL Insights, tom 15, vip. 6, 4 March 2011, internal references to the decision of the Appeals Chamber, 16.02.2011.
  9. Metraux. The Internationalization of Domestic Jurisdictions By International Tribunals.
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