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Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide, Perpetration, Cumulative Charging

Special Tribunal for Lebanon.  16 February 2011 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — Criminal tribunals — Special Tribunal for Lebanon — International character — Mandate to apply Lebanese substantive law — Extent to which international criminal law applicable — Relevance of international criminal law as aid to interpretation of Lebanese law — Statute — Rules of Procedure and Evidence — Submission of questions to Appeals Chamber for ruling before confirmation of indictment considered — Multiple charging

International criminal law — Substantive law — Terrorism — Conspiracy — Modes of participation — Principles designed to protect the rights of the accused — Resolution of ambiguities in favour of accused — Principle of nullum crimen sine lege — Due process

Terrorism — Definition — Whether customary international law definition of terrorism — State practice — Opinio juris — Whether customary international law creating criminal offence of terrorism — Elements of customary international law offence of terrorism — Treaties — Arab Convention for the Suppression of Terrorism, 1998

Relationship of international law and municipal law — Treaties — Whether self-executing — Treaties on international criminal law — Relevance as aid to interpretation of municipal law — Customary international law — Lebanese law — Treatment of treaties and customary international law in Lebanese law

Sources of international law — Customary international law — State practice — Relevance of decisions of national courts as State practice — National legislation — United Nations resolutions — Opinio juris — Whether opinio juris to be presumed — Terrorism — Whether customary international law rule defining and prohibiting terrorism

International tribunals — United Nations — Security Council — Creation of international criminal tribunal — Special Tribunal for Lebanon — Jurisdiction — International character — Interpretation of acts of Security Council — Application of principles in Vienna Convention on the Law of Treaties, 1969

Type
Case Report
Copyright
© Cambridge University Press 2012

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