Country: Lebanon ICJ Case


Event: Pearl-MUN 2004

Students:
Saoud Al-Sabah, Lead Attorney
Ibrahim Abu Saleh
Sam Waldo [ASK]




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Lebanon




The Lebanese National Anthem


Latin Transliteration

Koullouna
Lilouatann Liloula
Lil a Lam,
Milou ay
Nizzaman Sayfouna
Oual Kalam,
Sahlouna Oualjabal -
Manbi Tonn Lirrijal
Kaoulouna Oual Amal
Fisabilil Ka mal.
Koullouna Lilouatann Lil Oula Lil Alam,
Koullouna.
Lilouatann.

Chaykhouna
Oualfata Indasaoutil
Oua Tann
Ousdou gha
Bin Mata Saouarat Nalfitann
Charkouna Kalbouhou
Aba Dann Loubanane
Sanahou Rab Bouhou
Lima dal Azmane
Koullouna Lilouatann Lil Oula Lil Alam,
Koullouna.
Lilouatann.

Bahrouhou
Barrouhru Dourratouchchar Kain Rildouhou
Birrouhou Malioul
Koutbain
Ismouhou Izzouhou
Moun Zou Kanal Joudoude
Majdouhu Arzouhou
Ramzouhou Lilkhouloude
Koullouna Lilouatann Lil Oula Lil Alam,
Koullouna.
Lilouatann.

English:

All of us! For our Country,
for our Flag and Glory!
Our valour and our writings
are the envy of the ages.
Our mountains and our valleys,
they bring forth stalwart men.

And to Perfection
all our efforts we devote.
All of us! For our Country,
for our Flag and Glory!

Our Elders and our children,
they await our Country's call,
And on the Day of Crisis
they are as Lions of the Jungle.

The heart of our East is ever Lebanon,
May God preserve her until end of time.
All of us! For our Country,
for our Flag and Glory!

The Gems of the East are her land and sea.
Throughout the world her good deeds
flow from pole to pole.
And her name is her glory since time began.
Immortality's Symbol--the Cedar--is her Pride.
All of us! For our Country,
for our Flag and Glory!

 


Lebanese Memorium



Statement of facts (stipulations):


1. The Syrian Government did not respond to the Human Rights Watch letter concerning the disappearance of Bashar Al Khatib.
2. Gabi 'Aql Karam: Disappeared in January 1997.
3. Magi 'Aql Karam: Disappeared in March 1997.
4. Bashar Al Khatib : Dissapeared in July 1996.
5. Abdallah Diab Hussein al Razayneh : Disappeared in 1984.
6. Boutros Khawad: "was kidnapped in front of his own house in broad daylight" in 1992.
7. Lebanon has served as a site of international conflict.
8. On May 22, 2000, Israel completed its withdrawal from the south of Lebanon in accordance UN Security Council Resolution 425.
9. On May 22, 1999, Lebanese President Elias Hrawi traveled to Damascus to sign a "Treaty of Brotherhood, Cooperation and Coordination" with Syrian President Hafez Assad. The agreement stated that Syria would ensure Lebanon's "sovereignty and independence." Syrian troops were allowed to remain deployed throughout Lebanon.
10. On the date of February 14th, 2005, former Lebanese Prime Minister Rafiq Al-Hariri was assassinated.
11. On October 2nd 2004, former minister Marwan Hemadeh narrowly escaped death when a bomb exploded next to his car.
12. On July 19, 2004, a senior Hezbollah official, Ghaleb Awwali, was assassinated in a car bombing in Beirut.
13. On October 12th, 2005, Ghazi Kanaan committed suicide ahead of the UN report concerning the assassination of Rafik Al-Hariri.
14. On June 23rd, 2005, anti-Syrian George Hawi was assassinated.
15. Anti-Syrian activist Ramzi Irani was assassinated in May of 2002. His body was found in the trunk of his car nearly two weeks after his kidnapping.
16. In late December 1991 a car bomb (estimated to carry 220 pounds of TNT) exploded in the Muslim neighborhood of . At least thirty people were killed, and 120 wounded, including former Prime Minister Shafik Wazzan, who was riding in a bulletproof car.
17. Ghazi Kanaan was in charge of the Syrian intelligence in Lebanon from 1982-2002.
18. Rostom Ghazali was the replacement of Ghazi Kanaan in 2003.
19. Syria is making an informal one way border blockade at the Syrian-Lebanese border.
20. Land exports make up some 60 percent of Lebanon’s entire exports.
21. On 17, January 2005, Israel fired two missiles in the area of Qsair.
22. 1996 Israel bombed Lebanon in Operation Grapes of Wrath.
23. Syrian army presence was in Lebanon until April 2005.
24. Ramzi Irani has been arrested and tortured several times.
25. Much of the Lebanese Civil War concerned the disarming of the Lebanese Forces by the Lebanese army, which Michel Aoun was in command of.
26. The Lebanese Civil War (1975-1990) ravaged Lebanon and thrust it into political, economical, and social instability. This included the disbanding of the national army.
27. The Taif Agreement which was endorsed by both the Lebanese and Syrian governments as well as the Arab League.
28. In 1990/1991, a Lebanese government was formed after the Taif Agreement put an end to the Civil War.
29. In July 1994 Amnesty International sent a detailed memorandum addressing its concerns to the Syrian Government but did not reply to the letter regarding the detainees of several Lebanese, and in December of the same year a delegation from the organization held extensive talks with Syrian officials.
30. Boutros Khawad was part of the Phalange militia.



Legal Claims


1. Syria has violated the Lebanon-Syria Treaty of Cooperation that was signed on the date of May 20, 1991.

Which States in Article 1" The two states will work to achieve the highest level of cooperation and coordination in all political economic security cultural scientific and other fields in a manner that will realize the interests of the two fraternal countries within the framework of respect for their individual sovereignty and independence and will enable the two countries to use their political economic and security resources to provide prosperity and stability ensure their pan-Arab and national security and expand and strengthen their common interests as an affirmation of the brotherly relations and guarantee of their common destiny."


 

2. Syria has violated the 1989 Taif Agreement. That Syria violated states:


"Lebanon which has Arab affinities and an Arab identity maintains loyal ties of brotherhood with all Arab states. It maintains preferred relations with Syria based on the roots of close affinity history and common interests. This is the bases for coordination and cooperation between the two states which shall sign agreements in various areas in such a manner as to realize the interests of both states within the framework of the sovereignty and independence of each.  

On this basis and given that the security principles create the necessary climate for the development of these preferred relations Lebanon cannot serve as the source of a threat against Syrian security nor can Syria serve as the source of a threat against Lebanese security. Hence Lebanon shall not allow itself to serve as the transit point or base for any force state or organization interested in harming its own security or the security of Syria.  

Similarly Syria which meticulously upholds the security independence and unity of Lebanon and the agreement between the two countries shall not allow any activity that threatens (Lebanese) security independence or sovereignty. "


 

3. Syria has violated the U.N. Charter Chapter 1, Article 2, point four which states:"


All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."


 

4. Syria violated resolution 1559. Which states:


"The Security Council, Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of 19 March 1978, resolution 520 (1982) of 17 September 1982, and resolution 1553 (2004) of 29 July 2004 as well as the statements of its President on the situation in Lebanon, in particular the statement of 18 June 2000 (S/PRST/2000/21),

Reiterating its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders,

Noting the determination of Lebanon to ensure the withdrawal of all non-Lebanese forces from Lebanon,

Gravely concerned at the continued presence of armed militias in Lebanon, which prevent the Lebanese Government from exercising its full sovereignty over all Lebanese territory,

Reaffirming the importance of the extension of the control of the Government of Lebanon over all Lebanese territory,

Mindful of the upcoming Lebanese presidential elections and underlining the importance of free and fair elections according to Lebanese constitutional rules devised without foreign interference or influence,

1. Reaffirms its call for the strict respect of the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon throughout Lebanon;

2. Calls upon all remaining foreign forces to withdraw from Lebanon;

4. Supports the extension of the control of the Government of Lebanon over all Lebanese territory;

5. Declares its support for a free and fair electoral process in Lebanon’s upcoming presidential election conducted according to Lebanese constitutional rules devised without foreign interference or influence;

6. Calls upon all parties concerned to cooperate fully and urgently with the Security Council for the full implementation of this and all relevant resolutions concerning the restoration of the territorial integrity, full sovereignty, and political independence of Lebanon;


 

5. Syria violated the Universal Declaration of Human Rights Articles 3, 5, 9, 12, 19, 20, and 21. The articles state:


Article 3. Everyone has the right to life, liberty and security of person.
Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20. (1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.


 

Judgment Requested:

1. -A formal apology to be given by Syrian officials.

2. A compensation of a billion USD from Syria to Lebanon.

3. -Criminal charges against Rostom Ghazally and to be tried in the International Criminal Court.

4. Equality in regards of customs laws.

5. Economic sanctions to be applied on Syria for the next 10 years with the United Nations supervising the applying of the sanctions.

6. Evidence of complete pullout of Syrian forces, including the intelligence with the verification of the United Nations.

7. The end of the current Ba'ath regime in Syria, and all members of the government to be tried in the International Criminal Court.


 

 

Case Presentation




Opening speech:


Outline

I. opening speech


A. Introduction.
1. Welcome the Chief Justice and Jury.
2. State that the world is here today to prove Syria's guiltiness in the Lebanon vs. Syria case.
3. Talk about the laws and treaties that Syria has violate.
4. Criticize Syria that is a member in the UN, however, cannot respect the basic principles of the UN charter.


B. Talking about innocent detainees.
1. Talk and give example of a scenario of a family reunion.
a. Say that the family realizes at every meeting there is a member missing.
b. After several reunions we realize that not a single member except a boy and his grandfather are left.
c. A young boy questions the grandfather about the whereabouts of the family.
d. The grandfather answers that they are taken into Syrian custody.
2. Talk and give a scenario of another small family.
a. A young boy enters his home coming from school and sees his mother crying.
b. The boy asks his mother the reason of her depression.
c. The mother answers that his father has disappeared.
d. The next week the boy comes home and doesn’t see ANYONE at home.
e. The boy feels confused.
f. Christmas arrives and the boy writes to Santa to inform him the whereabouts of his parents.
g. Santa gives the boy a gift. The gift is compass but not any compass, the magical compass of justice.
h. The boy talks into the compass and asks about the whereabouts of his parents. The arrow starts changing its position going east, east, and east until it reaches its target which is the heart of Damascus.
3. State the legal claim that Syria has violated about this issue and wrap up its main points.


C. Talk about torture
1. Describe the brutalities of their torture.
2. Give and example of how a family witnesses one of her members being tortured.
3. State the legal claim that Syria has violated regarding torture of innocent civilians.


D. Syria violating Lebanon's national sovereignty.
1. Talk in general that Syria has violated Lebanon's national sovereignty
2. Give some of the examples of how Syria has violated Lebanon's national sovereignty and how it controlled Lebanon.
3. Give a scenario of how an innocent civilian is scarred of the Syrian troops and how they treat him badly.
4. Wrap up the main points of this section.
a. State the legal claim that Syria has violated.
b. Criticize Syria again that it cannot respect the principles of the UN.


E. Talk about how Syria interfered with the Lebanese constitution
1. Talk about Lahoud's term.
2. Talk about the meeting of Hariri, Jomblat, and Assad.
3. State the phrase that Assad threatened Hariri and Jomblat.
4. Say that Lahoud's term got extended as Syria wished for.


F. Assassination of Rafik Al-Hariri.
1. Syria created the perfect political climate for the assassination.
2. Assad threatened Hariri over Lahoud's extension.
3. Despite their occupation in Lebanon the Syrians did not provide him with security.


G. Syria did not cooperate by any means with any type of investigation.
1. Syria did not cooperate with the investigation of the assassination of Rafik Al-Hariri.
a. State the UN. fact finding mission stated that there was a lack of commitment in the investigation.
b. Say that with Syria not cooperating it means that it has something to hide from the world.
2. Syria did not cooperate with the investigation of detainees.
a. Syria did not respond to the letters of the Human Rights Watch and Amnesty International.
b. By not cooperating this indicates there is also something else Syria is hiding in its bars.


H. Economic damages.
1. Syria is doing an informal one way border blockade.
a. The costs of the border blockade is huge and deteriorates the Lebanese economy.
b. Also is cause of farmers losing their jobs.
2. Give a Scenario of a poor farmer.
a. A boy comes home from school and asks his father for money.
b. The father refuses to give his son money, because of the lack of income coming from the farm.
c. Few weeks later the father decides that his son to drop out of school.
d. The boy asks for a reason and the father said that he got fired from work because of the lack of income at the farm.
3. Restate yet again that the border blockade is causing serious economic damages.
4. Talk about the damages caused by Rafik Al- Hariri's assassination.
a. The bombing damages cost Lebanon millions of US dollars.
b. The bombing caused lack of security, and that deteriorated the economy by making investors pullout of the market.
5. State the legal claim and treaty that Syria has violated regarding to economic damages


I. Conclusion.
1. Talk about the points that the world is trying to prove against Syria.
2. Read the Judgments requested by Lebanon against Syria.
3. Conclude by stating "The world and the moving side anticipate that justice to be served to day that is unless we don’t get assassinated…"


 

 

Evidence



Part one: To prove that Syria is still causing major damage to Lebanon's economy:


 

A. " Syria severely damaged the Lebanese economy"


"BEIRUT, 21 Aug 2005 (IRIN) - As Lebanese trucks started to cross the border into Syria last week, following several months of being stranded at checkpoints, fears remain that the crisis is far from over. Stricter Syrian customs inspections starting last June resulted in a massive backup of trucks carrying Lebanese products out of the country in July. Many Lebanese claimed Syria implemented the stricter inspection regime for political reasons. Lebanon’s only land outlet to export products to the rest of the Arab markets is through Syria since the border with Israel remains closed. According to officials, land exports make up some 60 percent of Lebanon’s entire exports and by slowing the trucks, Syria severely damaged the economy."

Source:UN Office for the Coordination of Humanitarian Affairs. Monday 3 October 2005.


 

 

B." Syrian border blockade continues"

"Beirut, Lebanon - The Lebanese-Syrian border problem continues. Thousands of truckers have been facing tremendous delays and abuses on the borders.

"These delays have resulted in huge losses for the Lebanese farmers, traders and the transportation industry. Syrian Transport Minister Makram Obeid said that security concerns were behind the crisis on the Lebanese-Syrian borders. During an interview with the National News Agency, Obeid said: "I hope our brothers in Lebanon will understand that the crisis on the borders is mainly due to necessary security measures" taken by the Syrian government. "Security in Syria is sacred, and the measures we are taking meet the interests of both Lebanon and Syria," he added. Source:UN Office for the Coordination of Humanitarian Affairs. Monday 3 October 2005.


 


C. "Direct losses of border blockade reaches to $500,000 per day"


"The president of the Federation of Agricultural Producers in Lebanon Antoine Howayek said that direct losses had been "between $300,000 and $500,000 per day, but it is the indirect losses that are worse. The prices have dropped and that is a long-term disadvantage." Source:UN Office for the Coordination of Humanitarian Affairs. Monday 3 October 2005.


 

D. "Industrial products lost $30 million in result of border blockade"


"Being precise about the losses is hard to determine and we are estimating based on guess work," Fadi Abboud, the head of the Lebanese Industrialists Association said. "For industrial products alone we have lost something close to $20 million dollars throughout this period. This is without the agriculture losses. That would be around $35 million, he added." Source:UN Office for the Coordination of Humanitarian Affairs. Monday 3 October 2005.



 

E. " Blockade shifting from one border to another"

" In what should have been the solution to the crisis, Siniora headed to Damascus on 31 July to mend relations with top Syrian officials and the restrictions were lifted. Two days later, the problem had shifted from the eastern Masnaa and northern Abboudieh-Dabboussieh border crossings, to the Jdaydet Yabous checkpoint and actually worsened. When one checkpoint opened, another closed and the problem kept shifting from one crossing to another, according to drivers." Source: UN Office for the Coordination of Humanitarian Affairs. Monday 3 October 2005.



 

F. "Assassination of Al-Hariri cost millions of US dollars in damages"

"Damages done during the bombing accounted for millions of US dollars. The government of Lebanon will have to invest a huge amount of money to rebuild the damaged area. On top of that, the assassination of other anti Syrian politicians and leader will definitely decrease the economy of Lebanon" Source:UN Office for the Coordination of Humanitarian Affairs. Monday 3 October 2005.


 

G. "Syria taking the benefits off the Lebanese economy"

"Finally, there's Lebanon, ostensibly the most heartening development of them all. Except when we realize that the "withdrawal" of Syrian troops will likely not change much in the country. Syria has functioned in Lebanon like the mob, skimming a nice share of the cream off the country's economy in return for ensuring stability of the existing system. Rafiq Hariri believed that the Lebanese no longer needed an outside power to ensure its stability, a sentiment which likely cost him his life. But even if Syria withdrew its armed forces, innumerable Syrian intelligence agents--enforcers really--hidden amidst tens of thousands of guest workers, would remain, ensuring that the system continues to function as a combination cash cow and safety valve for Syria's otherwise moribund economy." Source: Monday, March 7, 2005 .By Mark A. Levine. Mr. LeVine is professor of modern Middle Eastern history, culture, and Islamic studies at the University of California, Irvine.


 

 

 

Witness

A.Mays Abdulaziz (Mays Abdulaziz)
Q. Please state your name and profession.
A. My name is Mays Abdulaziz, and I am a professor in Economics and I have a private business that analyzes economies.
Q. Are you familiar with informal blockade Syria has done to Lebanon?
A. Yes I am.
Q. Are there any damages?
A. Yes.
Q. Can you please illustrate to us the damages that are caused?
A. DRAW THE SUPPLY AND DEMAN GRAPHS AND THE PPF. AND EXPLAIN THEM.
Q. So if this continued what will happen?
A. If it continued then well the Lebanese economy will be facing a negative setback.

Thank you.


 

 

Part two: To prove that Syria is responsible for detaining and torturing innocent civilians:


1. Detainees/Disappearances



A. Disappearances in Lebanon are caused by the Syrian intelligence

"There is a clear pattern to the method of "disappearances" in Lebanon in the cases that Human Rights Watch has documented and examined. First, individuals are seized by Syrian intelligence operatives, usually dressed in plainclothes, sometimes with the participation of their Lebanese counterparts. No written arrest or detention orders are produced at the time of detention. Second, families experience severe suffering following these state-sanctioned abductions because Lebanese and Syrian authorities do not officially provide information about the detention, fate, or whereabouts of the "disappeared." Third, most victims in cases investigated by Human Rights Watch were tortured while in custody in Syrian detention facilities in Lebanon or while in detention in Syria. In some cases documented by Human Rights Watch, the "disappeared" have been pressured by high-ranking Syrian officers to collaborate with Syrian intelligence in Lebanon." Source: Human Rights Watch, 1997 report.


 

B. Gabi `Aql Karam: "Disappeared" in January 1997

More recently, two men in plainclothes knocked at the door of the home of the mother of Gabi `Aql Karam in the Sinn al-Fil neighborhood of Beirut, looking for Karam. Two armed Lebanese soldiers remained outside. It was the morning of January 6, 1997. Karam was asleep and his mother woke him up. According to a written complaint filed by Muhamed Mugraby, Karam's lawyer, the two men, who identified themselves as members of Military Intelligence, asked Karam to accompany them to their headquarters so that he could be questioned. They added that Karam had committed no offense and would be returned later that day. Karam was taken to Lebanese Ministry of Defense headquarters in Yarzeh. After Karam was not returned that day, or on the two following days, his mother went to Yarzeh to inquire about him. She was reportedly told by a soldier: "You can't see him. Bring his clothes for him." When she returned the next morning with clothing, she was informed that Karam was no longer at the facility and was provided no information about his whereabouts. Karam had "disappeared." It was learned later, after Karam's release, that Lebanese authorities had turned him over to the Syrians on January 7. He was first moved from Yarzeh to Hazmiyeh, on the outskirts of Beirut, where a joint Syrian-Lebanese intelligence force is based and maintains detention facilities. From there, he was transported to the Palestine Branch of Military Intelligence in Damascus, where he was held incommunicado until March 27, 1997." Source: Human Rights Watch, 1997 report.


 

C. Magi `Aql Karam: "Disappeared" in March 1997

In contrast to the cases described above, Syrian agents in Lebanon have also taken individuals into custody on their own. Gabi Karam's sister Magi `Aql Karam was detained and "disappeared" in March 1997, three months after her brother's "disappearance." Magi Karam, who was born in 1953, lives with her husband and six children in the Beqaa' valley. According to the written complaint filed by her lawyer Muhamed Mugraby, Magi Karam reported to Syrian security forces in Chtoura, in the Beqaa', on March 1, 1997, after she was summoned there for questioning about an unspecified matter. Karam, who had previously been arrested and tortured, reportedly was terrified. Mugraby filed a written complaint of unlawful detention with public prosecutor Adnan Addoum on March 15, 1997. He received no written reply to this complaint, and there is no evidence that Lebanese authorities began an investigation of this "disappearance." Magi Karam was released from Syrian custody on March 27, 1997. After her release, it was learned that she had been held incommunicado in the Palestine Branch of Military Intelligence in Damascus." Source: Human Rights Watch, 1997 report.


 

D. " Bashir al-Khatib: "Disappeared" in July 1996

In another case, Bashir al-Khatib, who was born in 1957 and is the father of four children, was apprehended in the northern city of Tripoli by a high-ranking officer in the Syrian security forces on or about July 8, 1996, according to information obtained by Human Rights Watch in Lebanon from reliable sources. Al-Khatib had been visited the day before by Syrian security forces, who asked him questions and took notes. "He didn't run away, because he thought that it was nothing," one source reported. After his "disappearance," Syrian security forces in Tripoli admitted informally that al-Khatib was in their custody in the city, would be questioned for a few days, and then would be released. Several days later, the Syrians said that he had been moved from Tripoli to `Anjar (the Syrian detention facility near the Lebanese-Syrian border), and "probably was in Damascus." Human Rights Watch subsequently confirmed that al-Khatib was in Syria, and was being held in Damascus, in the Palestine Branchdetention center of Military Intelligence, one of Syria's internal security forces. There was no official acknowledgment of his whereabouts, however. Letters sent by Human Rights Watch to Lebanese and Syrian authorities in March 1997, asking for confirmation that al-Khatib was in Syrian custody, went unanswered" Source: Human Rights Watch, 1997 report.


 

E. Abdallah Diab Hussein al-Razayneh: "Disappeared" in 1984

Abdallah Diab Hussein al-Razayneh, a forty-seven-year-old Palestinian from Jabaliya refugee camp in the Gaza Strip, was reportedly taken into custody by Syrian security forces in 1984 on the Lebanese-Syrian border. Al-Razayneh's wife Fatimeh, who lives with their six children in Jabaliya camp, had no contact with or news about her husband's whereabouts since 1984 and believed that he was dead. But information from a prisoner who was released in 1996 gave the family hope that he is still alive.

According to the prisoner, al-Razayneh was held in Mezze military prison in Damascus from 1984 until 1992, first in Section 248 and then in Section 235 of that facility. Prisoners at Mezze heard that in October 1992 al-Razayneh was transferred from Mezze to Sednaya prison. Human Rights Watch wrote to President Asad on November 6, 1996, requesting that Syrian authorities provide information about al-Razayneh's whereabouts. We asked the Syrian government to respond to reports that he had been held in Mezze prison for eight years, and we inquired about his current whereabouts and the reasons for his continuing detention. The letter was not answered." Source:Human Rights Watch, 1997 report.



 

F. Syrian intelligence kidnaps innocent people from any location they desire"

"Syrian mukhabarat (intelligence agents) picked people up near the Corniche. It started one month ago. They also took a man two months ago from his uncle's house [in the camp]. No one know why. No one dares to say anything. The Syrians feel free to do what they want here, and no one can interfere." Source: Human Rights Watch, 1997 report.


 

G. "Even after the war, the Syrian intelligence abduct Lebanese nationals"

"After the war ended, Lebanese nationals continued to be abducted by Syrian forces or passed to Syria by Lebanon's military intelligence. Lebanese, Palestinians and Jordanians were arrested by the Syrian security forces on the border or within Syria."

Source: 27 January 1999, by Amnesty International.


 

H. Many innocent Lebanese civilians remain in Syrian detention facilities"

"In March 1998, 121 Lebanese nationals were released from Syrian prisons and handed over to the Lebanese authorities. Eighteen of these were remanded in the custody of the Lebanese authorities and were subsequently referred to the office of the Prosecutor General in connection with criminal charges in Lebanon. The remaining 103 individuals were set free. The releases were welcomed by the Lebanese public, as well as local and international human rights non-governmental organizations. Yet many families of other detainees or ''disappeared'', whose hopes were heightened by the news of the releases, were greatly disappointed that their relatives were not among the released. Indeed, Amnesty International welcomed these releases but raised its concerns at scores of Lebanese nationals remaining in arbitrary detention or ''disappeared'' in Syria. Individuals critical of Syria's presence or policies in Lebanon, or who were members of political groups opposed to, or in conflict with, Syrian forces in Lebanon were the main targets of arrest and detention in Syria." Source: 27 January 1999, by Amnesty International.


 

 

2. Torture

A. Innocent Lebanese civilian tortured while in Syrian custody"


"Human Rights Watch interviewed Lebanese who have been tortured in Syrian detention facilities inside Lebanon, including the intelligence headquarters under the command of Col. Rustom Ghazali, on Sadat Street near the Beau Rivage Hotel in the Ramlet al-Baida section of west Beirut (an area also known as Beau Rivage), and the detention facility at `Anjar, east of the Beirut-Damascus highway near the Lebanese-Syrian border. It has long been common knowledge that Col. Ghazali is in charge of Syrian intelligence in Beirut. Testimony suggests that Col. Ghazali, a senior officer, is at the very least aware that torture was taking place in his headquarters. " Source:Human Rights Watch, 1997 report.


 

B. Lebanese tortured in Beau Rivage by Syrian forces in 1993"


"One Lebanese citizen described how he was tortured in Beau Rivage in 1993, and then interrogated the next day by Col. Ghazali. He said that he was placed in a chair and beaten on the knees with a four-by-five-inch piece of wood from a door frame. "We will do this until you speak," his interrogators allegedly told him. "If you do not tell us the truth, we will bring your wife and daughters and humiliate you." Source:Human Rights Watch, 1997 report.


 

C. Another Lebanese tortured by Syrian forces in Beau Rivage in 1993"

"Another Lebanese, who was also held in Syrian custody in Beau Rivage in 1993, told Human Rights Watch that he was present in an interrogation room when a Lebanese who had been tortured was brought before Col. Ghazali. The victim was "blindfolded, with his hands cuffed behind his back. His legs were swollen from having been beaten. Col. Ghazali told him to talk, and said that he would not be beaten." A stateless Palestinian who lives in Beirut told Human Rights Watch that he was held in Beau Rivage for three days, then transferred to Syria and imprisoned there without charge for four years. The man said that in Beau Rivage he had been beaten repeatedly and given electric shocks on the neck." Source: Human Rights Watch, 1997 report.


 

D. Detainees held at Anjar have also been tortured"

"Detainees held at `Anjar have also been tortured. A Palestinian resident of Lebanon who was detained there for five days said that he was suspended for hours from the ceiling, "like a sheep." A Lebanese citizen, who spent over three days at Anjar in late 1993, told Human Rights Watch this: "They punched me [on all parts of my body] and beat the soles of my feet. I could not wear shoes for one month." Conditions of confinement at Anjar reportedly are appalling. A Lebanese who was held there in a cell with twelve other men, ten of them Lebanese, said that the cell was located in what appeared to be a horse stable. It had one high window and an electric light that was kept on twenty-four hours a day. He said that he and his cellmates were allowed to use a toilet only once a day; otherwise, they were forced to accommodate their needs in a single bucket inside their cell" Source: Human Rights Watch, 1997 report.


 

E. Bashar Al-khatib tortured while in Syrian custody"

"Based on information that Human Rights Watch received in February 1997, Bashir al-Khatib, who was transferred to Syria after he was abducted in Lebanon in July 1996 (see above), may have been subjected to torture at the Palestine Branch of Military Intelligence in Damascus, where he was last seen. Al-Khatib reportedly was walking with great difficulty, shaking constantly, and had signs of torture on his hands. His face was pale and his skin discolored. The report about al-Khatib's condition, which came from a credible source, is a cause for deep concern. Human Rights Watch has also documented cases of Syrian prisoners who have been interrogated and tortured while held incommunicado at the Palestine Branch. The victims have been blindfolded and handcuffed, then beaten, given electric shocks, and placed in special torture devices such as the "German chair" and the "tire." During a visit to Damascus in 1995, Human Rights Watch representatives saw the injuries that some of these victims - current and former prisoners alike - had sustained from torture, such as broken bones, broken teeth, disfigured extremities, and lateral marks on the skin from the impact of hard objects." Source: Human Rights Watch, 1997 report.


 

 

Witnesses


B. Gabi Karam ( Zaid Al Marzook)
Q1: Would you state your name?
A: Gabi Karam
Q2: What is your citizenship?
A: Lebanese
Q3: Would you please describe the events of the morning of January 6th, 1997?
A: Yes, I was woken up when two men who identified themselves as members of Military Intelligence arrived at my house and asked me to accompany them to their headquarters.
Q4: Did they say that you were to be charged with any crime?
A: No, they said that I had committed no offense and would be returned to my family later that day.
Q5: Is that what happened?
A: No.
Q6: What exactly did happen next?
A: I was held at the Lebanese Ministry of Defense's headquarters in Yarzeh for several days then sent to Hazmiyeh on the outskirts of Beirut. I was held incommunicado in a Lebanese-Syrian military center. After a stay there I was transferred to the Palestine Brach of Military Intelligence in Damascus, where I was held incommunicado until March 27th, 1997.
Q7: Were you ever officially charged with any crime?
A: No.
Q8: So you were held in Syria for approximately 3 months without any charges?
A: Yes.
Q9: Thank you


 

 

Part three: To prove that Syria has violated Lebanon's national
sovereignty and interfered with Lebanon's constitution:


 

1. Violation of Lebanon's national sovereignty


A. Lebanese sovereignty took a back seat to Syrian interests. Ghazi Kan‘an, an ‘Alawite and chief of Syrian military intelligence in Lebanon from 1982 to 2002, and his Sunni deputy and replacement, Rustum Ghazali, behaved like colonial high commissioners. The Syrian regime determined who filled the Lebanese government's top positions, supervised its foreign policy, and manipulated its elections. Lebanese banks offered Syria vital access to outside financial networks while smuggling, protection rackets, and employment of Syrian workers in Lebanon threw an economic lifeline to Syria." Source: The Middle East Quarterly, Summer 2005, Volume 12.


 

B. The Syrians controlled Lebanon through three organizations"

"The Syrian president controlled the Lebanese through three organizations: the Syrian military intelligence network based at Anjar in Lebanon's Bekaa Valley; Lahoud's security machine, with the head of Lebanon's General Security Directorate, Jamil al-Sayyid, as Syria's leading Lebanese gate-keeper; and a close liaison with Hezbollah, which preserved a sophisticated paramilitary apparatus independent of Lebanese state control. Syria's patronage of the two main Shi‘ite political parties, the Islamist Hezbollah and the more secular-minded Amal, ensured that it had little trouble with Shi‘ite Muslims, one-third of Lebanon's population, even if ordinary Shi‘ites had no love for Syrian troops and laborers." Source: The Middle East Quarterly, Summer 2005, Volume 12.


 

C. The Syrian Military Intelligence has an office in Beirut"

"16....The Syrian Military Intelligence maintains a branch in Syria , with offices in various places including Beirut . Contrary to the affirmations made to the Mission by its chief, evidence and concurrent testimonies lead us to believe beyond reasonable doubt that this branch played a key role in Lebanese political life and had an active involvement with, if not direct supervision of, the management of security affairs in Lebanon ." Source: Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequences of the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

D. Report of the U.N. Secretary General"

"Before the Council is a report of the Secretary-General (document S/2004/777) on the implementation of resolution 1559 (2004) of 2 September, by which the Council had declared its support for a free and fair presidential election in Lebanon and, in that connection, had called on all remaining foreign forces there to withdraw. In the present report, which is submitted in response to a request made in that resolution that the Secretary-General report within 30 days on implementation by the parties, he notes that the requirements on the various parties set out in that resolution have not been met.  He is ready to assist the parties, as needed, in implementation and, if required, to keep the Council regularly updated with any information in this regard.

According to the report, apart from the United Nations Interim Force in Lebanon (UNIFIL), and to the best of his ability to ascertain, the "only significant foreign forces deployed in Lebanon, as of 30 September 2004, are Syrian".  Syria has maintained forces in Lebanon since 1976, which at one point numbered 40,000 according to the Lebanese Government.  Both Governments have told the Secretary-General that the Syrian forces present in Lebanon are there at Lebanon’s invitation and that their presence is by mutual agreement. Specifically, they are said to be deployed pursuant to the Taif Agreement of 1989 and the Syria-Lebanon Treaty of Cooperation ratified by both countries in 1991.  As far as the Secretary-General knows, the two Governments have not concluded the further agreement "to determine the strength and duration of the presence of Syrian forces" that is provided for in both of those instruments." Source: Security Council, 5058th Meeting (AM), 19/10/2004. http://www.un.org/News/Press/docs/2004/sc8220.doc.htm


 

Deposition A. Mona Saleem


I Mona Saleem have witnessed an intrusion and forceful act upon our neighbors by the Syrian secret intelligence. The Syrian secret intelligence demanded the immediate movement of the owner's from the house. Even though they had no relation, what so ever with the house, nor did they have previous attachment, they insisted on the immediate departing, using money as the only consolation. The only explanation they would provide for there demand is that the house was a perfect strategically position for monitoring.
Street: Kola.
Street: 15.
City: Beirut
.


 

 

2. Interference with Lebanon's constitution


A." Al-Assad threatening Al- Hariri over Lebanese constitution"

"On August 27, 2004, optimistic that Washington would pay the price for Syria's grace and favor in Iraq, Bashar summoned Hariri to Damascus and ordered him to have the Lebanese parliament change the constitution to validate an additional three years for Lahoud. As Hariri related to Jumblatt, Bashar said, "You will go and make the extension because I am Lahoud." Bashar brushed aside appeals from the White House and French president Jacques Chirac for a regular election in the Lebanese parliament for a new president. Hariri told a variety of sources that Bashar threatened "to break Lebanon over his [Hariri's] and Jumblatt's heads" if frustrated in his desire to prolong Lahoud's administration." Source: The Middle East Quarterly, Summer 2005, Volume 12.


 

 

B. Syrian leadership threatened Al- Hariri and Jomblat with physical harm over Lahoud's extension"

Mr. Lahoud’s term in office should have ended in 2004, with no possibility of renewal according to the Constitution. Mr. Hariri was clearly hoping that the end of Mr. Lahoud’s term would enable him to regain control over his government. However, during 2004, certain voices in Lebanon suggested amending the constitution in order to extend the term of Mr. Lahoud. This possibility became part of the debate over the Syrian presence in Lebanon and fueled it further. Given the distribution of seats in the parliament, a constitutional amendment required the support of Mr. Hariri’s bloc, a support he was unprepared to lend. Moreover, were informed by reliable sources that Mr. Hariri had managed to obtain a commitment from the Syrian leadership not to extend Mr. Lahoud’s term.

However, the Syrian leadership later decided to support an extension of the presidential term, albeit for three instead of six years. The pressure for the extension was considerable, diverse and with far reaching consequences. As a Lebanese official close to the Syrian leadership told the Mission, the Syrian decision sent a clear message to Mr. Hariri that he had to go: ‘there was no way the two of them could work together.’"

Mr. Hariri went to Damascus to meet with the Syrian president about these things. His meeting with Mr. Assad can only be documented from the Lebanese perspective as Syrian officials declined to give a testimony of the meeting to the UN. The three Lebanese stories do corroborate each other.

"Mr. Hariri reminded Mr. Assad of his pledge not to seek an extension for Mr. Lahoud’s term, and Mr. Assad replied that there was a policy shift and that the decision was already taken. He added that Mr. Lahoud should be viewed as his personal representative in Lebanon and that ‘opposing him is tantamount to opposing Assad himself.’ He then added that he (Mr. Assad) ‘would rather break Lebanon over the heads of [Mr.] Hariri and [Druze leader Walid] Jonblatt than see his word in Lebanon broken.’ According to the testimonies, Mr. Assad then threatened both Mr. Hariri and Mr. Jonblatt with physical harm if they opposed the extension for Mr. Lahoud." Source:Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequencesof the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

Witness

C.Lebanese Ambassador (The ambassador himself)
Q:1: Please state your title
A: I am the Lebanese ambassador to the UN.
Q: Are you knowledgeable as to the political maneuverings of Syria within Lebanon?
A: Yes.
Q3: Did Syria violate the Taif Accords of 1989?
A: Yes, many times.
Q4: Did the Taif Accords stress that Lebanon should maintain its full national sovereignty?
A: Yes they did.
Q5: And did that happen as promised?
A: No, Syria has constantly interfered with Lebanese government and occupied Lebanese territory since the passing of those treaties.
Q6: What examples do you have of Syria violating Lebanese sovereignty?
A: Syrian intelligence maintained a strong influence in Lebanon. Also the election of president Lahoud was brought about by Syrian threats.
Q7: Is it true that Mr. Lahoud's term, according to the Lebanese Constitution, should have come to an end in 2004?
A: Yes.
Q8: Is it true that Lebanese politicians influenced by Syria called for an amendment to the Constitution in order to extend Mr. Lahoud's term?
A: Yes.
Q9: Is it true that Rafiq al-Hairi opposed this extension?
A: Yes.
Q10: How did Syria respond to al-Hairi's opposition?
A: Al-Hairi went to Damascus to meet with Syrian president Assad. Assad threatened al-Hairi and Jonblatt and denied their requests to maintain Lebanese sovereignty and allow Lahoud's term to expire.


 

 

 

Part four: To prove that Syria created the perfect political and security climate for the assassination of Rafik Al-Hariri:


 

A." The Syrian government is primary responsible for the political tension that caused the assassination of Rafik Al- Hariri"

"However, it is clear that the assassination took place in a political and security context marked by an acute polarization around the Syrian influence in Lebanon and a failure of the Lebanese State to provide adequate protection for its citizens. The Government of Syria bears primary responsibility for the political tension that preceded the assassination," and it "exerted influence that goes beyond the reasonable exercise of cooperative or neighborly relations." Syria "interfered with the details of governance in Lebanon in a heavy-handed and inflexible manner that was the primary reason for the political polarization that ensued," and "it is obvious that this atmosphere provided the backdrop for the assassination of Mr. Hariri." Source: Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequences of the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

B. Syria did not implement Taif agreement 1989"

"7. The Syrian presence in Lebanon remained generally unchallenged until Israel withdrew its forces from South Lebanon in 2000. Political figures started to voice their opposition to the continued Syrian influence and called for the implementation of the remaining provisions of the Taif Agreement (of 1989), which, if implemented, would have substantially reduced the Syrian presence in Lebanon to a possible complete pullout. Although Mr. Hariri carefully avoided this debate, his relations with President Emil Lahoud, who is generally described as Syria 's favorite, were strained. As a prominent security official close to Syria put it to the Mission ; the two men had repeated conflicts during Mr. Hariri's term (2000-2004) to a point that required "external intervention and mediation on a daily basis". The conflict between Mr. Lahoud and Mr. Hariri affected the latter's ability to run the government and to carry out his policies, sometimes to a point of paralysis. Mr. Hariri's difficulties with Mr. Lahoud were widely interpreted as a sign of Syria 's mistrust in the former." Source: Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequences of the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

C. Syria lost trust in Al-Hariri

"11. On 2 September 2004, the Security Council adopted its resolution 1559, which, among other provisions, called upon " all remaining foreign forces to withdraw from Lebanon , and declared its support for a free and fair electoral process in Lebanon's upcoming presidential elections conducted according to Lebanese constitutional rules devised without foreign interference or influence" . It is widely believed, inside and outside Lebanon , that Mr. Hariri lent active support to this resolution . Numerous sources in Lebanon informed the Mission that the Syrian leadership held Mr. Hariri personally responsible for the adoption of the resolution , and that this resolution marked the end of whatever trust existed between the two sides. On 3 September, the vote on the extension was brought to the Parliament. Mr. Hariri and his parliamentarian bloc voted in its favor. Three ministers voted against it, among them Marwan Hemadeh, a close associate of both Mr. Hariri and Mr. Jonblatt . The amendment was passed, and Mr. Lahoud's term was extended for three years. On 9 September, Mr. Hariri announced his resignation." Source: Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequences of the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

D. Al- Hariri stood against Syrian influence"

"14. Amidst the heightened tension, the consolidation of the opposition coalition continued, as well as the preparations for the upcoming legislative elections. Contacts and negotiations took place between Mr. Jonblatt and Mr. Hariri and with the exiled Maronite leader Mr. Michel Aoun. By the end of January 2005, there was a formidable power bloc emerging in Lebanon bringing together, for the first time, representatives of almost all political and religious communities, with the noted exception of the Shiite groups Amal and Hezbollah. This power bloc was independent from, if not hostile to, the Syrian influence and seemed confident of winning a clear majority in the upcoming elections. It also enjoyed the support of key players in the international community and seemed confident of its ability to force Syria to implement its outstanding commitment under the Taif Agreement and/or the SCR 1559. At the center of this power bloc one man stood as the perceived architect: the former Prime Minister Rafik Hariri. On 14 February, he was assassinated." Source:Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequencesof the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

E. Hariri's Stuggle with Syria"

"Clearly, Mr. Hariri's assassination took place on the backdrop of his power struggle with Syria , regardless of who carried out the assassination and with what aim. It is nonetheless important to keep in mind that only a proper investigation – not political analysis – could lead to the identification of those who ordered, planned and carried out this heinous crime. It wouldbe a violation of the basic principles of justice to jump to conclusions about the perpetrators of the assassination without proper investigation, convincing evidence and a proper trial." Source:Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequencesof the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

F. No security was provided for Al-Hariri"

"19...there was a serious failure on the part of the Lebanese security apparatus to predict and prevent the assassination of Mr. Hariri. Despite widespread rumors of threats of physical harm against Mr. Hariri and/or Mr. Jonblatt, including the possibility of attempts on their lives an/or the life of members of their families, and despite the attempt on the life of former Minister Marwan Hemadeh, none of the security services had taken additional measure to protect any of them."

"20. All of the security services deny having received information of a threat or a possible threat to Mr. Hariri, Mr. Jonblat, or any of their families. However, everyone else outside the security services who talked to the Mission seemed aware of these threats. In addition, despite the acknowledged heightened tension, none of the security agencies had prepared an ‘assessment profile’ regarding the security of Mr. Hariri, "the most important political figure in Lebanon." None of the security agencies suggested, advised, or attempted to raise the level of protection provided to Mr. Hariri. Quite the contrary, the close protection team provided to Mr. Hariri by the Internal Security Forces was reduced from approximately forty to eight persons shortly after he left office. Although this reduction was in line with the regularions, yet it constituted a stark negligence of the special circumstances at hand. At the moment of his assassination, Mr. Hariri’s protection was ensured almost entirely by his private security team." 22. Based on the above, it is the view of the Mission that the Lebanese security apparatus failed to provide proper protection for Mr. Hariri and therefore provided a convenient context for his assassination." Source:Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequencesof the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 

G. Jamal Sayyed resigned just before the Syrain withdrawal"

"The head of the Lebanese security service has resigned, hours before Syrian forces are due to complete their withdrawal from Lebanon. Head of Security Major General Jamil Sayyed, who is viewed as pro-Syrian, said he had resigned because of the changing political scene. He offered to resign last week along with the head of internal security." "The resignation of Lebanon's senior security meets a main demand of the anti-Syrian opposition."

"Security chiefs accused The security services have come in for heavy criticism for their handling of the investigation into the killing of former Prime Minister Rafik Hariri on 14 February. Opposition politicians and many members of the public believe Syria was behind the assassination, and that the Lebanese security services, which have tended to come under Syria's sway, were somehow involved."
Source:


 

H. The Syrian Intelligence is responsible for the assassination

"Building on the findings of the Commission and Lebanese investigations to date and on the basis of the material and documentary evidence collected, and the leads pursued until now, there is converging evidence pointing at both Lebanese and Syrian involvement in this terrorist act. It is a well known fact that Syrian Military Intelligence had a pervasive presence in Lebanon at the least until the withdrawal of the Syrian forces pursuant to resolution 1559. The former senior security officials of Lebanon were their appointees. Given the infiltration of Lebanese institutions and society by the Syrian and Lebanese intelligence services working in tandem, it would be difficult to envisage a scenario whereby such a complex assassination plot could have been carried out without their knowledge." Source: REPORT OF THE INTERNATIONAL INDEPENDENT INVESTIGATION COMMISSION ESTABLISHED PURSUANT TO SECURITY COUNCIL RESOLUTION 1595 (2005) by Dehtlev Mehlis Commissioner, on 19 October 2005.



 

I. Leads point directly towards Syria

"It is the Commission’s conclusion that, after having interviewed witnesses and suspects in the Syrian Arab Republic and establishing that many leads point directly towards Syrian security officials as being involved with the assassination, it is incumbent upon Syria to clarify a considerable part of the unresolved questions. While the Syrian authorities, after initial hesitation, have cooperated to a limited degree with the Commission, several interviewees tried to mislead the investigation by giving false or inaccurate statements. The letter addressed to the Commission by the Foreign Minister of the Syrian Arab Republic proved to contain false information." Source: REPORT OF THE INTERNATIONAL INDEPENDENT INVESTIGATION COMMISSION ESTABLISHED PURSUANT TO SECURITY COUNCIL RESOLUTION 1595 (2005) by Dehtlev Mehlis Commissioner, on 19 October 2005.


 

 

Witness

D.Detlev Mehlis ( Abdulla Al-Mdaires)


1. Name and record
2. How is the case about Syria moving?
3. How much do u think Syria is involved in Rafik Al-Hariri assassination?
4. How was the cooperation of the Lebanese people compared with Syrian people in your inspection?
5. What were the main ways that lead u to your suspects?
6. How did Syria try to stop or complicate the investigation?
7. Did u find any contradicting statements from Syrian Officials?
8. So who is mainly responsible of the Al-Hariri assassination?


 

 

 

Part five: To prove that Syria did not cooperate in the Investigation of Rafik Al-Hariri and the innocent detainees:


1. Syria did not cooperate with the Investigation of Rafik Al-Harriri and therefore are guilty


A. Syria's lack of commitment to the Hariri investigation"

"49. Based on all the above, it is the Mission 's conclusion that there was a distinct lack of commitment to investigate the crime effectively, and that this investigation was not carried out in accordance with acceptable international standards . The Mission is also of the view that the local investigation has neither the capacity, nor the commitment to succeed. It also lacks the confidence of the population necessary for its results to be accepted." "60. It is the Mission 's view that the Lebanese security services and the Syrian Military Intelligence bear the primary responsibility for the lack of security, protection, law and order in Lebanon . The Lebanese security services have demonstrated serious and systematic negligence in carrying out the duties usually performed by a professional national security apparatus. In doing so, they have severely failed to provide the citizens of Lebanon with an acceptable level of security and, therefore, have contributed to the propagation of a culture of intimidation and impunity. The Syrian Military Intelligence shares this responsibility to the extent of its involvement in running the security services in Lebanon ." Source:Report of the Fact-Finding Mission to Lebanon inquiring into the causes, circumstances and consequencesof the assassination of former Prime Minister Rafik Hariri. Intelligence and Terrorism Information Center at the Center for Special Studies (C.S.S). March, 2005.


 


2. Syria did not cooperate with the investigation of several Lebanese detainees in Syria

A. Syria did not respond to Mugraby's written complaint"

"According to the written complaint filed by her lawyer Muhamed Mugraby, Magi Karam reported to Syrian security forces in Chtoura, in the Beqaa', on March 1, 1997, after she was summoned there for questioning about an unspecified matter. Karam, who had previously been arrested and tortured, reportedly was terrified. Mugraby filed a written complaint of unlawful detention with public prosecutor Adnan Addoum on March 15, 1997. He received no written reply to this complaint, and there is no evidence that Lebanese authorities began an investigation of this "disappearance." Magi Karam was released from Syrian custody on March 27, 1997. After her release, it was learned that she had been held incommunicado in the Palestine Branch of Military Intelligence in Damascus." Source: Human Rights Watch, 1997 report.


 

B. Syria did not respond to the Human Rights Watch letter"

"There was no official acknowledgment of his whereabouts, however. Letters sent by Human Rights Watch to Lebanese and Syrian authorities in March 1997, asking for confirmation that al-Khatib was in Syrian custody, went unanswered". Source: Human Rights Watch, 1997 report.


 

C. President Asad did not reply to the Human Rights Watch letter"

"Human Rights Watch wrote to President Asad on November 6, 1996, requesting that Syrian authorities provide information about al-Razayneh's whereabouts. We asked the Syrian government to respond to reports that he had been held in Mezze prison for eight years, and we inquired about his current whereabouts and the reasons for his continuing detention. The letter was not answered." Source: Human Rights Watch, 1997 report.


 

D. The Syrian authorities did not respond to Amnesty International's memorandum"

"In 1994 Amnesty International submitted to the Syrian authorities a memorandum listing more than a thousand victims of human rights violations. The list included examples of Lebanese, Palestinians and Jordanians detained or ''disappeared'' in Syria. No response was received and Amnesty International made public its concerns in a report issued in April 1995." Source: 27 January 1999, by Amnesty International.


 

E. Syria did not reply to Amnesty International's letter"

"In March 1997 Amnesty International submitted a revised list of cases, including cases of Lebanese, Palestinians and Jordanians, during talks with Syrian officials. As on previous occasions, they undertook to study the cases and provide the organization with a response. As of December 1998 no response has been received." Source: 27 January 1999, by Amnesty International.


 

 

 

Part six: To prove that there are still some Syrian forces in Lebanon despite army withdrawal:


 

A. Kofi Annan says Syrian withdrawal not complete"

" The international community yesterday welcomed the pullout of the last of 14,000 Syrian troops from Lebanon. But the continuing presence of covert Syrian intelligence operatives would violate the promise President Bashar Assad made to the United Nations last month to withdraw all Syrian personnel. It would also contradict a letter the Syrian government wrote to U.N. Secretary General Kofi Annan yesterday saying that the withdrawal was complete.

U.N. member states and the Lebanese opposition have told the United Nations that Syrian military intelligence has taken up new positions "in the south of Beirut and elsewhere, and has been using headquarters of parties affiliated with the government of Syria as well as privately rented apartments for their purposes," said a report Annan made to the Security Council and released yesterday." Soruce: By Robin Wright; Washington Post Staff Writer. Wednesday, April 27, 2005.


 

B. " Still a significant Syrian presence in Lebanon"


"In the many years the Syrians have been there, they've inserted themselves pretty deeply in Lebanon, including in intermarriage," said a senior State Department official, who asked not to be identified because of the sensitivity of the subject. "They've abandoned their headquarters, but they're still integrated in Lebanese society in a way that can be difficult to detect. So even though their formal presence is over, there is still a significant residual presence we need to look at." Source: By Robin Wright; Washington Post Staff Writer. Wednesday, April 27, 2005.


 

 

 

Part seven: To prove that Syria is the cause
for the Israeli attacks on Lebanon:



1. Syria backs up Hezbollah and PLO organizations


A. Syria supports Hezbollah

"Syria supports the Lebanese national resistance, including Hezbollah" said President Bashar al-Assad " Source:Monday, 1 July, 2002 , BBC News.


B. Syria wanted to use Shiites against Israel

" Syria and Iran sought to use the Shi'ites as a proxy force against Israel." Source: By Daniel Byman , Council On Foreign Affairs. December 2003.


C. Syria supported Islamic Jihad

"Unlike Hamas, which strove to spread its external political and military infrastructure across several different countries in the 1990s and came to depend primarily on Syria only after its activities were curtailed elsewhere, the Islamic Jihad presence abroad has always been concentrated in Syria and Syrian-occupied Lebanon. Islamic Jihad operatives soon began training at Hezbollah camps in Lebanon, under the supervision of Iranian Revolutionary Guards stationed in the country, and carried out some joint operations with Hezbollah against Israeli forces in south Lebanon during the 1990s." Source: Middle East Intelligence Bulletin, Volume 4. November-December 2002.


D. Syria supports Hebollah financially and train them as well

"Hezbollah receives substantial amounts of financial, training, weapons, explosives, political, diplomatic, and organizational aid from Iran and Syria." Source: Unites States Department of State. Released by the Office of the Coordinator for Counterterrorism. October 8, 1999.


E. Syria funds Islamic Jihad.

"Islamic Jihad has been designated as a terrorist organization by the U.S. State Department, which says that the organization receives financial assistance from Iran and Syria." Source: Public Broadcasting Service. April 2002.


F. Syria funded PFLP-GC

"Syria has provided financial support, training, and safe haven to all three groups. The PFLP-GC maintains headquarters in Damascus and also receives support from Iran. Libya has also helped the PFLP." Source:


G. Syria assists Islamic Jihad

"Islamic Jihad receives financial assistance from Iran and limited assistance from Syria." Source: Unites States Department of State. Released by the Office of the Coordinator for Counterterrorism. October 8, 1999.


 

2. Hezbollah and PLO organizations are terrorist groups:


A. Hezbollah is a terrorist group

"Terrorist Organization: Hizballah (Party of God) a.k.a. Islamic Jihad, Islamic Jihad Organization, Revolutionary Justice Organization, Organization of the Oppressed on Earth, Islamic Jihad for the Liberation of Palestine, Organization of Right Against Wrong, Ansar Allah, Followers of the Prophet Muhammed Activities: Known or suspected to have been involved in numerous anti-US terrorist attacks, including the suicide truck bombing of the US Embassy and US Marine barracks in Beirut in October 1983 and the US Embassy annex in Beirut in September 1984. Elements of the group were responsible for the kidnapping and detention of US and other Western hostages in Lebanon. The group also attacked the Israeli Embassy in Argentina in 1992." "Hezbollah receives substantial amounts of financial, training, weapons, explosives, political, diplomatic, and organizational aid from Iran and Syria." Source: Unites States Department of State. Released by the Office of the Coordinator for Counterterrorism. October 8, 1999.


 

B. U.N. states that Hezbollah is a terror group

" I am writing to draw your attention to the latest severe violation of the Blue Line from Lebanese territory. On 9 January 2005, Captain Sharon Elmakayes, a 23- year-old Israeli soldier, was killed by an explosive device activated by the Hezbollah terror organization in the Har Dov region, well beyond the Blue Line." Written by Kofi Annan. Source: General Assembly Fifty-ninth session. January 2005.


 

C. Hamas is a terrorist group

" Terrorist group: HAMAS (Islamic Resistance Movement) a.k.a. Harakat al-Muqawama al-Islamiya, Students of Ayyash, Students of the Engineer, Yahya Ayyash Units, Izz Al-Din Al-Qassim Brigades, Izz Al-Din Al-Qassim Forces, Izz Al-Din Al-Qassim Battalions, Izz al-Din Al Qassam Brigades, Izz al-Din Al Qassam Forces, Izz al-Din Al Qassam Battalions Activities: HAMAS activists, especially those in the Izz el-Din al-Qassam Brigades, have conducted many attacks--including large-scale suicide bombings--against Israeli civilian and military targets, suspected Palestinian collaborators, and Fatah rivals." Source: Unites States Department of State. Released by the Office of the Coordinator for Counterterrorism. October 8, 1999.


 

D. Islamic Jihad is a terrorist group

"Palestine Islamic Jihad-Shaqaqi Faction a.k.a. PIJ-Shaqaqi Faction, PIJ-Shallah Faction, Palestinian Islamic Jihad (PIJ), Islamic Jihad of Palestine, Islamic Jihad in Palestine, Abu Ghunaym Squad of the Hizballah Bayt Al-Maqdis Activities: Has threatened to retaliate against Israel and the United States for the murder of PIJ leader Fathi Shaqaqi in Malta in October 1995. Conducted suicide bombings against Israeli targets in the West Bank, Gaza Strip, and Israel. Has threatened to attack US interests in Jordan." Source: Unites States Department of State. Released by the Office of the Coordinator for Counterterrorism. October 8, 1999.



 

3.Israel responds to Hezbollah attacks



A. Hezbollah attacked Israeli forces

"Earlier, Hezbollah's Al-Manar television said Hezbollah forces planted a bomb that destroyed a bulldozer in the Chebaa Farms area. It said there were "definite casualties" among the Israelis, adding that Israeli ambulances rushed to the scene." Source: China Daily, 18-01-05.


 

B. Israel responds to Hezbollah attacks

"Israeli warplanes twice bombed suspected Hezbollah targets along the border in southern Lebanon on Monday, wounding two women, after guerrillas blew up an Israeli bulldozer in a disputed area near the frontier, Lebanese officials said." Source: China Daily, 18-01-05.


 

C. Israel fires missiles at Hezbollah targets

" Hours later, another jet fired a missile at Wadi Izziyeh, an area where Hezbollah maintains positions between the southern port city of Tyre and the border town of Naqoura on the Mediterranean coast." Source: China Daily, 18-01-05.


 

D. Israel air strikes Hezbollah

"Israel has carried out air strikes on suspected targets of the Shia militant group Hezbollah in southern Lebanon." Source: BBC News, 17/01/05.


 

 

 

Part eight: To prove that Syria is responsible
for the Shatila massacre, not Israel



A. Robert Hatem gives the oath that Hobeika committed the Shatila massacre

"I was Hobeika’s field man always present on the premises with my chief wherever he went.   I can state under oath, that General Sharon would never have lit up the area the way he did had he planned for any butchery. He would not have cleaned up the Cite Sportive to house all the Palestinians pending their return to their homes after verification. He would not have placed his tanks and armored cars all around the camps to capture the remaining armed Palestinian agents. One thing was certain, the Syrians had their men within the ranks of Lebanese Forces leaders." Wrote Robert Hatem. Source: Robert Hatem's Autobiography From Israel to Damascus.


 

B. Hobeika ordered the execution of the PLO

"I was later told by Hobeika that there were about 2,000 PLO terrorists still hiding in the Sabra and Shatilla camps.  Hobeika advised me that he was in charge of the organization of an operation to clear them out.  He also disclosed that the Israeli forces had taken up positions in West Beirut and expected us to supervise the evacuation of the Palestinians from the camp.  We were to sort out the armed terrorists and hand them over to the Israeli troops at the Cite Sportive,  Al Madina Al Ryadieh, cleaned up and fixed to serve as a rally point.  Meanwhile, the whole country stood breathless and at a standstill, half of it drowned in deep despair, and the other half paralyzed with fear.   So ominous was the tragedy. Hobeika had 24 hours to prepare his elite key force composed of 200 men.  The men were allotted in several units respectively under the command of Joseph Asmar, Michel Zouein, G. Melco, and Maroun Mashaalani. General Sharon besieged the camps and the Cite Sportive.

By noon on Thursday, September 16, 1982, the Shababs started advancing through the Beirut Airport Road. By 4:30 p.m., the Lebanese Forces had crossed the Israeli lines surrounding the camps. Sharon had given strict orders to Hobeika to guard against any desperate move, should his men run amuck. They were to behave like a real dignified, regular army not like "chocolate soldiers" and coordinate with the Israeli command. Their mission was to exert pressure an the Palestinians to drive them all out of the camp, and pick out the PLO agents left behind after the evacuation of the Palestinians in August, 1982.  They were rallied at the Cite Sportive and held prisoners. After inspection the civilians would be sent back to their homes.  However, Hobeika gave his own instructions to his men: "Total extermination ... camps wiped out." Source: Robert Hatem's Autobiography From Israel to Damascus.


 

C. Sharon criticized and was mad at Hobeika's actions

"At 7:30 p.m. on September 16, 1982, Hobeika and I arrived at General Ariel Sharon’s Headquarters.  We climbed up to the terrace of the tall building next to the Kuwaiti Embassy.  From there we could plunge right into the camp and have an overhead view. Besides the Israeli officers, Assad Shaftari, Michel Zouein, Elie Hobeika and myself were poised and ready.

The Israeli officers were jealous and filled with rage, blaming Hobeika for actually ordering the massacre of Palestinian civilians. Hobeika coldly retorted that it was because of the darkness he could not tell who they were. General Sharon, being too fat to climb up the flight of stairs, waited on the second floor to see Hobeika and have it out with him personally. The minute he saw him he roared out: "You were not supposed to do this. I didn’t ask you to commit massacres. If I wanted, I would have done so with my tanks. You’ll pay dearly for this blunder!" Hobeika replied that he would handle it with his men. Hobeika and I went back on the terrace.  Hobeika got a walkie talkie message from a guy called Paul saying, "There are women and children, what should we do?" Hobeika answered,  "It’s your lookout and don’t call me back again, you shit." Source: Robert Hatem's Autobiography From Israel to Damascus.


 

Witness:


E. Robert Hatem ( Sarah Al-Muzaini)
Q. Please state your name?
A. Robert Hatem.
Q. Are you the author of the book From Israel to Damascus?
A. Yes I am.
Q. What are some important aspects that have you written in your book?
A. The Shatila Massacre.
Q. Oh… So you are familiar with the Shatila massacre?
A. Indeed I am very familiar with it.
Q. And how is that?
A. I was the bodyguard of Elia Hobeika.
Q. Wasn’t he the leader of the Phalange organization at that time?
A. Yes he was.
Q. Could you please explain the Shatila massacre?
A. Yes. The Israeli's surrounded 2,000 PLO's in the Shatila and Sabra camp. Ariel Sharon was at command of the forces at that time, and Sharon ordered Hobeika to evacuate the PLO's across the border so that he could identify which of them were the terrorists and which of them weren’t. However, that was not what happened. What happened was that Hobeika ordered his troops under his command with the word of "Total extermination…camp wipe out". I was surprised by that matter; I was surprised that Hobeika did not carry out Sharon's commands. But later I knew why…..
Q. What was Sharon's reaction to this matter?
A. Sharon was mad; he was in rage when he knew about the incident. He personally went and humiliated Hobeika infront of his own troops.
Q. A moment ago you stated that you later knew the reason why Hobeika ordered such an order, what did you find out?
A. I found out that Hobeika was a double agent to Syria.
Q. Syria!!!! How can it be Syria?
A. Well I am was his personal bodyguard weren’t I? I accompanied him to every location he went to and I found out he was an agent to Syria. Moreover, I collected all his letters and his salary until the year of 1983, and his salary was paid from the Syrian government. His letters as well were from the Syrian government
Q. OH my god, so basically you are stating that Syria is responsible for the massacre at Shatila not Israel?
A. Exactly!
Q. So Syria just wanted to frame Israel for the crimes it did?
>A. Yes.
Thank you….


 

F.Ariel Sharon ( Abdulla Al –Mdaires)

Q. Please state your name?
A. Ariel Sharon.
Q. Please state your profession?
A. I am the Prime Minister of Israel.
Q. Did you a role in Lebanon?
A. Yes.
Q. What was your role in Lebanon?
A. I was the commander of the troops in the south.
Q. Why did you enter Lebanon?
A. Because the PLO's established their base in south of Lebanon and they were attacking us across the border.
Q. Are you familiar with the Shatila massacre?
A. Yes, indeed I know about the Shatila massacre.
Q. Can you tell us what happened?
A. Yes. Us Israeli's surrounded a refugee camp of PLO's , because we suspected that some of them are terrorist so we needed to identify who were terrorist and who were not. Then the Phalange group invaded the camp and their leader who was a double agent Hobeika ordered the execution of the refugees by his own commands. He killed all the refugees that were available and that pissed me off!
Q. So the accusations made against you were false?
A. True so True. It was Hobeika under his own commands that killed them, not me.
Q. And Hobeika was a double agent?
A. Yes.
Q. To whom?
A. Syria. And Syria co-operated the Phalange as well.
Q. So it is Syria to blame for the massacre?
A. Exactly, I was used as a scapegoat.
Q. So now lets move on to another point…. Why is Israel still attacking Lebanon?
A. Syria.
Q. Syria again! Why Syria?
A. Because Syria is funding Hezbollah and Hezbollah is a terrorist group that attacks Israel. So Syria funds them and keeps them in action that’s why they are the cause.
Q. So if Syria stops funding them, this whole issue would come to a stop?
A. Exactly!
Q. And who is the victim behind all these tragedies?
A. The Lebanese civilians.
Q. Are the damages hefty?
A. Yes!

 

 

 

Closing Argument:


Your honor,


Syria during its presentation stated that it is not aware of how the assassination of Rafik Al-Hariri occurred. How is that possible you honor? There are two logical possibilities for this to happen. The first possibility is that Syria is lying and therefore is guilty of the crime. Secondly your honor, if their "intelligence" is not aware of the fact and they were in Lebanon during the assassination occurred that is a huge problem! Why is it a huge problem? It is a huge problem because Syria was in Lebanon during the assassination of Hariri and were not aware of anything that is happening that means that they are not credible. If they are not credible why should they be present from the first place? It there was at all no need for the presence, and their presence was in result of their greed in Lebanon. Hence they are guilty again.

Second your honor, Syria has basically been trying to prove its innocence during the pre 1990 period, however, has not justified its presence for the other 15 years? Why were they still there? Again your honor the answer is that Syria has greed and wants corruption in Lebanon.


 

 

 

Statement of ICJ advocate:

(Saoud Al-Sabah Leading advocate)


I Saoud Al-Sabah, was honored to be present at the KSAA MUN 2005 event. During this event, I have represented Lebanon in the International Court of Justice in the case Lebanon VS Syria. This was my first ICJ case, and to be honest being in the ICJ was a thrilling experience. Unfortunately, during the first day our side did not perform up to the expectations I had in mind. However, the mater change on the next day, Lebanon flipped the table upside down and improved on its presentation of the case. During the presentation of Syria, our side had been very active by questioning every single piece of evidence they provided and that turned out into our favor. By the end of the second day, Lebanon had balanced its performance and made up for the disappointing performance of the first day. During the third day, both sides were tense waiting for the verdict to be announced. I personally must admit that it was an honor to be facing the Syrian side which had a superb ad hoc judge that caused problems to our side. When the verdict came out it was slightly in our favor, however, in my opinion the verdict should be more in our favor because we presented the better evidence. Generally, I learned a lot for this MUN event such as knowing how to convince the judges, forming a strategy to attack the opposition, and the "never" give up spirit.