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The Hariri assassination needs a motive

This time, at least, the Special Tribunal for Lebanon managed to navigate through an official’s resignation by immediately appointing a successor. The tribunal’s president, Antonio Cassese, stepped down this week, to be replaced by Sir David Baragwanath of New Zealand. The smoothness of the transition aside, Cassese’s departure with a trial looming did little to bolster the institution’s credibility.

In recent months, the debate over the special tribunal has been largely defined by those yearning for its failure. Even the prime minister, Najib Mikati, is in a bind. He went far in promising that his government would approve funding for the tribunal, only to see this turned against him by Hezbollah and Michel Aoun. What the outcome will be is anybody’s guess, but Mikati will probably opt to delay the issue indefinitely, averting a showdown in which he is bound to be humiliated. He may be wagering that an international community incapable of approving a Security Council resolution condemning the savagery of Bashar Assad’s regime in Syria, will be equally unlikely to punish Lebanon for failing to honor its financial obligations.

On the side of those who endorse the tribunal, present company included, there has mainly been uncritical acquiescence to whatever the institution does. Some cracks in confidence have started to appear, not least after it became known that the prosecution would not be taking up several bomb attacks committed in 2005, including those against journalists May Chidiac and Samir Kassir. However, the March 14 coalition continues to view the tribunal as its principal weapon against the majority.

Tactically, this is understandable. But for those more interested in whether the special tribunal represents a qualitative judicial achievement that enhances the rule of law in Lebanon, the picture is more blurred. Six years after the assassination of the former prime minister, Rafik Hariri, such an ambition has evaporated. Perhaps that was to be expected, but it has also been facilitated by long, unjustified, and damaging delays in the investigation of the crime.

The indictments issued by the tribunal offer us, bluntly, a crime without an articulated motive. It is embarrassing that after six years of investigation, only four suspects, all active at the operational level, have been named. This may change, indeed it must change if the prosecutor is to strengthen his case. In practical terms this requires indictments of those who ordered Hariri’s elimination, with an explanation for why they did so. And yet something tells us that this may be it for now – with the prosecutor, Daniel Bellemare, hoping to use the initial indictments as a wedge for further indictments.

Motive is the key to most crimes. Detlev Mehlis, the first head of the independent investigative commission of the United Nations, concluded that Hariri had been killed for political reasons. He and his allies were on the verge of winning a parliamentary majority in the summer 2005 elections, a point acknowledged by Syria’s Lebanese allies. The former prime minister himself was telling foreign envoys that he would gain a majority whichever election law was adopted.

When you put this together with what the Syrians were then saying, a hypothesis becomes clearer. A Syrian friend familiar with regime thinking in Damascus informed me in January 2005 that Assad intended to “respond to” Security Council Resolution 1559, which, among other things, called for Syria’s army to be removed from Lebanon. Syrian forces would be redeployed in the direction of the Syrian border, he said. But no one was talking of a full withdrawal.

The Syrians had a good reason for imagining that this ploy would work. In early 2005 the United States was willing to advance in stages on a withdrawal. In the words of the former ambassador in Beirut and current assistant secretary of state for Near Eastern affairs, Jeffrey Feltman, Washington sought “to avoid allowing the perfect to be the enemy of the good.” In other words, the Americans considered a partial Syrian pullback preferable to none at all. In his speech before Syria’s parliament in early March 2005, three weeks after Hariri’s murder, Assad behaved precisely according to that playbook. He declared that Syrian troops would soon start moving toward the border, though he did not say that they would actually cross it.

Here is probably what the Syrians were thinking. At some point in late 2004, they concluded that an election victory for Hariri and his comrades represented an existential threat to the Syrian order in Lebanon. Hezbollah concurred, anticipating that a Hariri government would undermine the substantial military and political advantages the party enjoyed under Syrian rule. A decision was taken to get rid of the former prime minister, to be followed by steps suggesting that Syria would implement Resolution 1559 and move all its forces into the Bekaa Valley. This injected a useful ambiguity into the equation, since it could be depicted as falling in line with the Taif Accord (which even Walid Jumblatt preferred to hold up at Syria instead of Resolution 1559). With Hariri gone, the Syrians would win the elections hands down, bring in a friendly government, and under the rubric of Taif negotiate with that government a continued Syrian presence in Lebanon, circumventing Resolution 1559.

What spoiled the scheme? We have to assume growing Arab and international pressure on Syria, but also the mass demonstration of March 14, 2005, which convinced Assad that his plan had backfired. He now faced a united and mobilized Sunni community, working in tandem with a unified Christian community and the Druze. The elections, Assad could plainly see, would lead to the very outcome that the Syrian president had sought to avert. He apparently concluded that it was better to bring his troops home before that happened.

Is this interpretation debatable? Sure, but until now the Special Tribunal for Lebanon has little enriched the conversation. We have suspects, but no hint as to their purpose. Bellemare may propose an explanation by indicting new figures, or he may outline his thinking in court. But without new suspects his case will be weak, and many of us will be even more persuaded that the tribunal has let us down.

Michael Young is opinion editor of THE DAILY STAR and author of “The Ghosts of Martyrs Square: An Eyewitness Account of Lebanon’s Life Struggle” (Simon & Schuster). He tweets @BeirutCalling.

A version of this article appeared in the print edition of The Daily Star on October 13, 2011, on page 7.
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Comments  
Hala October 13, 2011 02:35 AM
How unprofessional, like the politicized tribunal that you support. Here say and speculations and "what your friend said"?! Have you heard of journalism? Again, Daily Star your reader include expat that read articles from real reporters like Seymour Hersh. You're sinking low by publishing Mr Young pontificating instead of hiring a real journalist.
Antoine Aho October 13, 2011 04:25 AM
The Assad clan-run thugoracy and Hizbullah an arm of the Quds Brigade of the Revalutionary guards of the Islamic republic of Iran are gangsters who speculated by illiminating Rafik Harriri would have intimidated the world and stopped a threat to their existance. At best that was a miscalculation considering their school of thought. Yes Harriri may have been spearheading a historical change for the Levant, however, his courage to be upfront will prove he was on the right side of history.
anthony mouawad October 13, 2011 08:12 AM
Michael young is so quick to criticises christians,but what has he to say about the discrimination of Coptics in Eygpt
Elias October 13, 2011 04:36 PM
Hale to mr Young's courage to uncover the motives behind the Iranian hegemony.The readers should see through the thoughtful plausible analysis.Iran is behind the attack on the Marines barracks,the Embassies and the kidnapping of westerners.When it became clear that Lebanon was going to be ruled by a pro western prime minister they acted through their Quds operators in Lebanon and achieved their goal!in fact they did achieve what no one can deny and that is the preservation of the party of god as the uncontested military force in Lebanon.Now what is the international community is going to do with their ploy ?they threaten the whole Levant stability ,interfere with all governments in Iraq ,Syria Egypt and Jordan! they are not content with Lebanon's security they follow their leaders in persia.It is time for the Arabs to show some dignity and bring the murderers of peace to the courts .It is prime time for Israel and Hamas to strike a deal that renders these operators inefficient!
As for the Coptic saga ,I think they were used to bolster the military grip prior to the elections.
mowaten October 13, 2011 04:38 PM
Hahahaha omg this article by Michael Young reminded me of this review of movie director Michael Bay: (just replace Bay with Young and you got it spot on)
"Michael Bay is the Godfather of big-budget movies with bad acting and bad writing. Some of his high-grossing pictures include Bad Boys, Armageddon, Pearl Harbor and Transformers. Although Bay excels at producing visually entertaining films, he trades in shallow stereotypes and simplistic plots that make Power Rangers and other children's programming seem nuanced. Now he’s making another Transformers movie. The tragic truth of his films is that his brand of shit sells tickets."
Henry Lindner October 16, 2011 03:32 PM

The motive is obvious--The Israelis and their co-conspirators within the US Gov't had motive. They benefitted by the killing of Hariri. They immediately blamed Syria, to get it out of Lebanon so they could "finish off" Hezbollah. When the 2006 invasion failed, they recycled the assassination, now blaming Hezbollah in order to create a civil and international crisis for Lebanon. Hezbollah had no motive to kill Hariri, and there is only the flimsiest circumstantial evidence involving use of cell phones--which "evidence" could have been fabricated by the Israelis too. The Lebanese need to wise up to the Israeli-US tactics.

Fahd Najjad October 16, 2011 08:07 PM
Dear Hala,
You are such unkind in your remarks .We should not mix our political leaning with the anayltical logical process Mr. Young did .For second, we should stop this split personality aspect to our view points, even those ardent Leanaese supporters of the unique group running the show Damascus they donot want to truly embrace them let alone unite with them .
Ultimately the assassination of the Harari was " successful " for the real planners Quds force and HizbAllah .To deny the beneficiaries is to deny the essence of political planning .It is only natural to deny the payment , after you cannot kill the guy then finance the investigation .Ultimately the lebanses are flexible and they would against Nasr Allah given time particularly those arab nationalists or Christians .
AB October 19, 2011 09:13 PM

I give Mr. Young credit, at least he admitted his bias in the Op-Ed. That is all I will give him credit for doing.

Lama Hassoun October 19, 2011 10:02 PM

This is an opinion article. I don't think anyone is claiming that it is factual, but rather the author examines a topic and shows us his conclusions.

Ahmed moussa October 24, 2011 07:46 AM
True, it is an opinion article based on a clearly biased interpretation of events as seen by the writer. As such, counter opinions that examine other possible scenarios should be presented to give the reader a more comprehensive view of the subject matter of this discussion. I find the opinions that emphatically condemn one side of the conflict (Syria and Hizbullah and exclude all others eg Israel)to be merely a reflecion of those individuals' partisan bias in the Lebanese conflict.
ed jazairi October 26, 2011 06:24 AM
Mr. Young: Or I should say Mr. Sherlock Holms. You are searching for a motive, here is a few to remember!!!???
1- The Syrian government and Bashar "Bobbie" Assad did not like Rafik Al-Harriri, a personal problem. They just did not like the way he looked. Oh, ask any Syrian in the streets of their cities, towns and villages and they will tell you that they got picked up by the not so secret police of Assad and company because they, just, did not like the way they looked. That is motive one.
2- Harriri, was trying to get rid of the Syrian domination over his home land, Lebanon, I guess, if you remember that fact. Motive number two.
3- Khaddam (that is Abdul Halim Khaddam), and Harriri were buddies buddies. You see Khaddam hated Bashar "Bobbie" Assad, and so did Rafik Harriri. And Bashar Hated both men for hating him. You see Mr. Young, this is the Arab way of politics, personal hate! It is time for you to learn this equation. Really Mr. Young it is about time to learn the methods of the Arabs. By the way, for how long you have lived in these lands. Oh, forgot motive number three.
4- Since when an organized crime family like Assad and company needs a motive for killing. That is motive number four.
Later Sherlock.
Ed Jazairi
Mladen November 06, 2011 01:24 AM

Any tribunal that focuses solely on one murder out of many is an instrument of political pressure and will never deliver justice - just more bad blood between competing faction. The ICTY did a much better job in that sense even though sometimes looked like they wanted to distribute guilt equally.

Michael Morgan November 07, 2011 01:03 PM

Dear Sir Madam,

Don’t all these politicians have anything better to worry about, i.e. proper electricity and Internet. These are basic but important for any country to move forward, the rest is history and nothing will bring back this gentleman. Priorities please for such a beautiful country.
 

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