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The Special Tribunal for LebanonLaw and Practice$
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Amal Alamuddin, Nidal Nabil Jurdi, and David Tolbert

Print publication date: 2014

Print ISBN-13: 9780199687459

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780199687459.001.0001

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Responding to Cooperation Problems at the STL

Responding to Cooperation Problems at the STL

Chapter:
(p.134) 8 Responding to Cooperation Problems at the STL
Source:
The Special Tribunal for Lebanon
Author(s):

Göran Sluiter

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199687459.003.0008

Under the Special Tribunal for Lebanon's (STL) legal framework only one state — Lebanon — is obligated to cooperate with the STL. Suspects have not been arrested, and it remains uncertain whether other cooperation obligations will be fulfilled when the first trial begins. This chapter examines possible solutions to cooperation difficulties. It considers whether two alternative routes bypassing the defective STL cooperation regime can ‘repair’ cooperation problems, in particular whether other sources of international law, especially those related to combating terrorism, could be used as additional sources of law, obliging states other than Lebanon to cooperate with the STL. It explores whether the STL could itself perform investigative acts in the territory of states. Finally, it examines whether the STL may encounter a situation where a lack of cooperation impedes its functioning to the extent that measures such as staying proceedings or even withdrawing the indictment may become necessary.

Keywords:   international criminal tribunal, Lebanon, cooperation obligations, terrorism, international law

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