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Journal of International Criminal Justice Advance Access published online on October 29, 2009
Journal of International Criminal Justice, doi:10.1093/jicj/mqp065
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© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Procedural Tools for Ensuring Cooperation of States with the Special Tribunal for Lebanon

Lukasz Korecki*

*Associate Legal Officer, International Criminal Tribunal for the former Yugoslavia. The opinions expressed in this article are those of the author and do not necessarily reflect those of the Tribunal or of the United Nations. [lkorecki{at}hotmail.com]


  Abstract

The Security Council endowed the Special Tribunal for Lebanon (‘STL’) with the ability to request assistance from all states. At the same time, however, it did not institute a corresponding universal duty to comply with such requests. Without having much room to force states to cooperate, the drafters of the STL Rules of Procedure and Evidence sought to introduce mechanisms that encouraged states to do so. This is why the STL Rules give unprecedented confidentiality guarantees to information providers. Although the combined construction of ‘counterbalancing measures’ and the introduction of a ‘Special Counsel’ can be seen as an important novum in the practice of international tribunals, the lack of meaningful judicial control over its use leaves some room for concern.


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