In Absentia at the Special Tribunal for Lebanon

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dc.contributor.author Sheehan, Sean
dc.date.accessioned 2022-07-21T08:22:56Z
dc.date.available 2022-07-21T08:22:56Z
dc.date.copyright 2018 en_US
dc.date.issued 2017-04-26
dc.identifier.uri http://hdl.handle.net/10725/13846
dc.description.abstract The issue of the Special Tribunal for Lebanon’s use of in absentia has become a complex political debate in Lebanon and an intricate legal discussion in the international tribunal system. The Tribunal’s creation was ignited by the assassination of ex-Prime Minister Rafik Hariri and put the political situation in Lebanon into disarray. The assassination molded the modern-day political parties found in Lebanon and was a continuation of the violent assassinations in Lebanese politics. The STL’s creation shortly thereafter laid a foundation for the eventual decision by the Tribunal to use in absentia, a trial in the absence of the defendant. The definition of in absentia has been debated and the Tribunal’s current implementation of in absentia has allowed the Tribunal to host a trial by default, a trial without any evidence the defendants have knowledge of the charges. The decision to implement in absentia has placed an extra burden upon the already weak political system in Lebanon. The implications of any decision at the STL has a multiplied effect in Lebanon’s politics. This thesis looks at the legal definition of in absentia and trial by default based upon previous legal systems, decisions, and tribunals. The thesis then looks at how in absentia is applied at the STL and what the political ramifications are for the use of this legal concept. The thesis finds that the STL adapted its legal understanding of in absentia to fit the political situation in Lebanon and the surrounding region. The thesis explains how the development of the international tribunal system and the history of politics in Lebanon has allowed the STL to wrongly justify in absentia’s use. en_US
dc.language.iso en en_US
dc.subject Trials in absentia -- Lebanon en_US
dc.subject Special Tribunal for Lebanon en_US
dc.subject Lebanon -- Politics and government -- 21st century en_US
dc.subject Lebanese American University -- Dissertations en_US
dc.subject Dissertations, Academic en_US
dc.title In Absentia at the Special Tribunal for Lebanon en_US
dc.type Thesis en_US
dc.title.subtitle Legal Complications en_US
dc.term.submitted Spring en_US
dc.author.degree MA in International Affairs en_US
dc.author.school SAS en_US
dc.author.idnumber 201305837 en_US
dc.author.commembers Salamey, Imad
dc.author.commembers Ghantous, Marie
dc.author.department N/A en_US
dc.description.physdesc 1 online resource (ix, 101 leaves) en_US
dc.author.advisor Skulte-Ouaiss, Jennifer
dc.keywords Special Tribunal for Lebanon en_US
dc.keywords In Absentia en_US
dc.keywords Trial by Default en_US
dc.keywords Lebanon en_US
dc.keywords United Nations Security Council en_US
dc.keywords United Nations en_US
dc.keywords Rafik Hariri en_US
dc.keywords Rule of Law en_US
dc.keywords Due Process en_US
dc.keywords Tribunal en_US
dc.keywords International Law en_US
dc.description.bibliographiccitations Bibliography: leaf 93-101. en_US
dc.identifier.doi https://doi.org/10.26756/th.2022.372
dc.author.email sean.sheehan@lau.edu en_US
dc.identifier.tou http://libraries.lau.edu.lb/research/laur/terms-of-use/thesis.php en_US
dc.publisher.institution Lebanese American University en_US
dc.author.affiliation Lebanese American University en_US

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