A Special Tribunal for Lebanon: The UN Security Council and the Emancipation of International Criminal Justice
Leiden Journal of International Law, Vol. 21, p. 485, 2008
26 Pages Posted: 9 Sep 2008 Last revised: 1 Apr 2014
Date Written: December 19, 2007
Discussions on the creation of the Special Tribunal for Lebanon have focused on its impact on Lebanese sovereignty and, specifically, the fact that a Chapter VII resolution seems to bypass Lebanese democracy. Simply relying on the idea of a 'breach of international peace and security' to overcome these arguments is not helpful. It is more useful to locate the creation of the Tribunal within evolving international criminal justice practices. These practices are increasingly constraining the Security Council's own work rather than the contrary, as international criminal justice gradually emancipates itself from the confines of 'international peace and security' and becomes a logic unto itself.
Keywords: Lebanon, international law, international criminal law, international peace and security, security council, international criminal tribunal, hybrid tribunal, special tribunal, terrorism, war crimes, international peace and security, human rights
JEL Classification: K33
Suggested Citation: Suggested Citation