By Youmna Yarak | Staff Writer
The state of Lebanon has fallen into the category of failed states as a result of a string of corrupt, nonexistent, or otherwise inept leaders and governments throughout the years. However, the catastrophic explosion that occurred in the Beirut Port on August 4, 2020, just over two years ago, may have been the most potent indicator of the country’s desperation, collapse, and needless trauma. The port explosion undeniably precipitated a downward spiral that has yet to be reversed. And although much has been written about the economic and social ramifications of the explosion in the two years since it occurred, far less attention has been paid to its significant political toll.
Nearly two and a half years later, the domestic investigation of the Beirut Port Blast has stalled with no sign of progress, due to many legal challenges brought by the politicians involved in the case seeking to replace the lead investigator.
In an event organized by the PSPA Society in AUB to discuss the legal insights on the Beirut Port investigation, and navigating the challenges, Dr. Antoine Sfeir, legal expert and respected AUB professor, led the discussion and answered the student’s questions on the matter.
He started the discussion by providing a brief summary of the events that occurred on the 4th of August 2020 in Beirut, and proceeded to answer the questions asked by the moderators. As the first question was about the main legal challenges that the investigation faces today, Sfeir stated that in Lebanon, legal and political issues take over facts and circumstances during a legal dispute, which often result in the bias of opinions and the judiciary. This is often caused by the diversity of political opinion among the Lebanese population, and the politicization and sectarian nature of the judicial system.
Moreover, Dr. Sfeir explained background information on the judicial system in Lebanon and the different court orders and natures (such as the court of cassation, Lebanon’s highest court, and where cases from all courts may eventually be appealed) while giving examples. He clarified as well some facts about the Beirut port investigation timeline, and added the process through which legal proceedings go through in Lebanon. For example, the role of the general prosecutor and what we call the “مجلس العدل” in important crime files or legal disputes.
Furthermore, Dr. Sfeir noted that human rights have been breached. Justice hasn’t been served yet; the Lebanese people and the victims’ families still experience trauma till today.
Another major question that was asked by the moderators was , “Can this investigation turn into a special tribunal in the ICJ?” was asked. Dr. Sfeir stated that this will not happen due to the way the ICJ functions and how this explosion is to be defined.
Finally, the political challenges are found today between the general prosecutor and the lead judge on the case. The explosion case was referred to the Higher Judicial Council on August 10, 2020. On August 13, Judge Fadi Sawwan was appointed to handle the investigation; he served in that capacity until February 18, 2021, when Judge Tarek Bitar took over. Lebanon’s General Prosecutor Ghassan Oweidat then issued his own charges against Bitar, inducing a government deadlock.
Dr. Sfeir noted that judicial independence is key. In fact, the judge must employ a high level of independence and discretion in determining the strategy for any serious and foremost investigation. He insisted that we should go behind the media titles and have a critical view of history and the news, separate the speaker from the facts/ what is spoken as politics involve emotions, and put emotions and personal prejudice aside when discussing legal details.
Politicians should step back from the Beirut port blast investigation which is a crime against humanity and against human rights.
As the investigation encounters an impasse today, one question remains unanswered: Will Lebanon ever see justice for the disastrous 2020 Beirut port blast?
Thanks to this event, students were able to discover the legal challenges and obstacles of the Beirut Port investigation, and gain valuable insights into navigating complex situations like this one. This evening was educational, enlightening and marked by meaningful dialogue.