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THE HAGUE – The Special Tribunal for Lebanon on Tuesday handed down it’s decision and findings on the Rafic Hariri assassination.

The judgement concluded mid-afternoon Tuesday at The Hague.

Three of the four accused were acquitted. One was found guilty on all counts.

The tribunal, backed by the United Nations presided over the trial of the four accused which began in 2014 and has followed an extraordinary series of investigations.

While the tribunal accepted the assassination of Hariri and 21 others, not including the suicide bomber, was a politically motivated act, and that Hezbollah and the Syrian government had motives for carrying out such an attack, there was no evidence, they said, to suggest they were involved.

The four Lebanese men accused were described as supporters of Hezbollah, however a large percentage of the Lebanese population are supporters of the Shi’ite movement. Hezbollah has always denied any involvement. When the murder occurred, Secretary-General Hassan Nasrallah said, “We don’t do political assassinations.”

“The trial chamber is of the view that Syria and Hezbollah may have had motives to eliminate Hariri and his political allies, however, there is no evidence that the Hezbollah leadership had any involvement in Hariri’s murder and there is no direct evidence of Syrian involvement,” Judge David Re, one of the three judges reading the 2,600 page judgement on Tuesday said. Judge Re at the end of the judgement said he had written a paper highlighting that the UN and Lebanon had yet to recognise the wrongful accusation and detention of four Syrian generals in the early years of the investigation.

The trial chamber did say whoever perpetrated the attack on Hariri was mindful of the fact they were committing an act that would create terror for Lebanon, would threaten security, and destabilize the country. Whoever was responsible was not just targeting Hariri but wanted to cause instability, and they intended for the event to resonate not just in Lebanon but in the region, and internationally. The attack was “designed to destabilize Lebanon generally.” The party or parties knew the scale of the explosive would cause multiple casualties. The judgement said RDX explosives equivalent to 2,500kg to 3,000kg TNT were used. The explosives packed together would comprise 1.3 cubic metres, they said. The chamber also pointed to the fact that a suicide bomber was used to detonate the explosive, which in itself was designed to spread fear throughout Lebanon. The chamber also pointed to the act being carried out in a very public place at a crucial time of the day in the capital. So whoever was behind the bombing had greater designs than just killing Mr Hariri.

Mr Hariri’s son Saed, himself a former prime minister of Lebanon was among the victims who attended the judgement reading. In all 226 people were injured in the attack, many of them suffering catastrophic injuries.

Unfortunately for them and the Lebanese people, the near $1 billion cost of the extensive investigations and works of the Special Tribunal have failed to account for whoever carried out the attack, who was the mastermind, and who ordered it and for what purpose.

The only person convicted was Salim Jamil Ayyash who was one of many who made up the assassination team, however such was the sophistication and professionalism of the perpetrators that the bulk of them were never identified. The two people that bought the white Mitsubishi light truck used in the attack were never identified, and the suicide bomber, although DNA was obtained, could not be identified either.

Only Ayyash has been caught, however not literally. He absconded and his arrest warrant remains outstanding. He was tried in absentia and has been found guilty on all counts:

– Conspiracy aimed at committing a terrorist act;
– Committing a terrorist act by means of an explosive device;
– Intentional homicide of Rafik Hariri with premeditation by using explosive materials;
– Intentional homicide of 21 other persons with premeditation by using explosive materials;
– Attempted intentional homicide of 226 persons with premeditation by using explosive materials.

The trial chamber has ordered the prosecution team to provide submissions on sentencing prior to 1 September 2020. The court-appointed defence team for Ayyash is required to furnish its response by 15 September 2020.

The tribunal also ordered the annulment of the arrest warrants for the other 3 accused.

Related story:

Hezbollah unlikely to be implicated in Hariri assassination findings.