The Military Tribunal raises several concerns in regards to human rights and the rule of law in Lebanon. Its current jurisdiction allows for the tribunal to transgress the right to be tried before a competent, independent and impartial court established by law. This allows for military investigators to torture suspects, force suspects into arbitrary detention, and prevent suspects from contacting family members or accessing appropriate legal representation, without fear of consequences.
As part of a series of publications prepared by ALEF’s Human Rights Violations Monitoring Unit, this report aims at shedding light on the legality and legitimacy of the Military Tribunal in Lebanon, while comparing its jurisdiction to international standards.
The underlying assumption used in the following contextual analysis stems from ALEF’s conviction that the structures and practices within the Lebanese Military Tribunal make military justice a separate and expeditious form of justice. Based on several cases, the paper presents arguments rejecting justifications that the military judiciary system does function under regulations similar to civilian courts. Finally, this report puts forward a series of recommendations for amending the system according to the principles of the proper administration of justice, so that it complies with international standards of fair trial.