The Special Tribunal for Lebanon (STL) has unsealed its indictment of Mustafa Badreddine, Salim Ayyash, Hussein Oneissi, and Assad Sabra for the murder of former Lebanese Prime Minister Rafik Hariri. You can download a copy of the indictment here (PDF, 12.9 megabytes).

I’ve read the document once through and there’s a great deal to mull over, but here are some preliminary thoughts.

The Evidence

The case against the four men accused of plotting and carrying out the Hariri murder rests almost entirely on telecommunications analysis. As was leaked by a Lebanese security official as early as 2006, the investigation discovered the cell phone networks allegedly used to surveil Hariri and coordinate his assassination.

The central methodological tool of the investigation is “co-location”, which determines on the basis of cell-tower data when and where certain cell phones were used to call each other and other off-network phones. Here’s a basic illustration of the principle:

  1. Phones A, B, C, D, E, F, G, and H are activated together on the same day, several weeks before the crime. They only ever make calls to each other, and those calls are made from locations in the vicinity of Hariri’s convoy or along his various routes. In the two hours before the assassination, 33 calls were made between these phones with the last one coming just five minutes before the bomb went off. This is the red network, carried by the hit squad.
  2. When the hit squad members need to communicate with people who are not part of the immediate assassination team, they use other phones.  Cell-tower data shows that these phones are always active in the same locations and at the same times as the red network phones, and they were used to do things like purchasing the vehicle used to carry the bomb.
  3. The hit squad also have their own personal mobile phones (PMP’s) which they use to contact family members and friends, and are ultimately used by the investigation team to determine the identities of their owners.  (Note to self: beware of co-locating with PMPs. Always a bad idea.)

Using this method, the investigation team was able to put together a very detailed chronology for the operation build-up and execution, as well as its aftermath (when the Abu Adass claim of responsibility was made).

Question Marks

The first question that comes to mind is: is this it? After nearly six years of investigation, does the case truly rest solely on telecommunications data? What about witness testimony? Forensics? DNA analysis? Magnifying glasses and trench coats?

Secondly, if signals intelligence does comprise the bulk of it, then what did the UN International Independent Investigation Commission (UNIIIC) do between 2006 and 2010? The first Mehlis report had already identified the hit squad’s cell phone network in late 2005,  and the 2006 article by Georges Malbrunot in Le Figaro revealed that the investigation had used cell phone data to discover new evidence “leading to Hezbollah”. I understand that piecing all of this together must have been a complicated task, but surely it would not have taken five years to do so.

(Let me reiterate that I don’t buy Neil Macdonald’s claim that the UNIIIC only began analyzing telecoms data in late 2007, which was when they supposedly discovered the hit team. As I’ve previously shown, that simply does not add up.)

The last big question is whether the STL has other indictments up its sleeve. Did Badreddine or Ayyash ever communicate with off-network phones tied to political figures? The CBC report claimed to produce documents from the investigation showing networks connected to Hezbollah political figures, but the indictment makes no mention of these.

As I said, there will be much more to comment on the next few days as Lebanon’s professional and amateur pundits pore over the indictment. In the meantime, the floor is open for thoughts and critiques.

wordpress stats

A few days ago, the prosecutor of the Special Tribunal for Lebanon, Daniel Bellemare, filed an amended indictment in the investigation of the 2005 murder of Rafiq al-Hariri. The only details reported about the new indictment were that it contained “substantive new elements,” which is what passes for breaking news on the STL front.

Today, however, two news stories in Lebanese media outlets (Naharnet and as-Safir) quoted anonymous European officials in The Hague who provided salacious new details about the contents of the amended indictment. According to Naharnet‘s source, Bellemare now has new evidence of Syrian complicity in the Hariri murder, which was made available to him by Syrian witnesses who defected to The Hague. The report in as-Safir discusses negotiations between the STL and French intelligence, part of an alleged effort to reach “the Syrian masterminds” behind the crime.

I don’t think I’m the only one who finds this latest twist in the Hariri saga to be more than a little far-fetched, or at least worthy of suspicion. Let’s point out the obvious:

  1. Witness testimony in a case like this is highly problematic, when you consider the likely number of layers between those who commissioned the crime and those who committed it. Unless the “witnesses” in the case are extremly high up the chain of command, it seems extremely unlikely that they could finger anyone in the Syrian government.
  2. But let’s say they could. Shouldn’t we regard the fact of their defection to The Hague as slightly problematic? This case has already been plagued by the credibility problems in witness testimony (cf. Zuhayr al-Siddiq and Husam Husam). How trustworthy is a regime defector unless he/she can furnish hard evidence of a plot (evidence which is exceedingly difficult to come by in a case like this).
  3. Finally, who are Naharnet’s sources? There is no precedent for a leak of this kind being handed to a Lebanese media outlet, one which does not have nearly the same visibility on the international scene as a publication like Der Spiegel, Le Figaro, or CBC (who carried the previous leaks).

The STL’s opponents in Lebanon are going to benefit from this latest press report. Given that most people in Lebanon already believe that the STL is politicized to some degree or another, the alleged re-emergence of a Syrian track in the investigation at a time like this — when the regime is battling internal protests and challenges to its authority — seems a little too convenient for me.

Finally, thanks to everyone who participated in the discussion with Camille Otrakji last week. As of this moment, the comment count is up to 685 and seems destined to top 700 by the end of lunch. You’ll have a chance to re-engage with Camille some time next week when I interview him over at Bloggingheads. Stay tuned!
wordpress stats

The latest Wikileaks dump by the Lebanese newspaper Al-Akhbar extends the series of intriguing and record-changing insights into the tumultuous 2006-08 period, which witnessed the July War between Hizbullah and Israel, an 18 month-long downtown sit-in, and a takeover of Beirut by Hizbullah forces on May 7, 2008.

Two cables are especially worth reading in their entirety. I link to them below, along with relevant excerpts and some commentary.

*

08BEIRUT490 (April 8, 2008) | Subject: JUMBLATT CONCERNED ABOUT UNIIIC DELAYS, SUNNI MILITIAS, AND HIZBALLAH FIBER OPTIC NETWORK

5. (S) Jumblatt revealed what he deemed a “very serious blow” to the UN Commission investigating the assassination of former PM Rafiq Hariri and others. According to information he received from Internal Security Forces (ISF) Intelligence Director Wissam Hassan the previous evening, Wissam Eid, who worked for Hassan and was assassinated January 25, had discovered a year and a half ago a link between Abd al-Majid Qasim Ghamlush and a network of 17 other cell phone numbers. Former UNIIIC Commissioner Brammertz reportedly did not act upon this information.

6. (S) In January 2008, however, after Daniel Bellemare took over as Commissioner, Eid met with Bellemare, and was killed one week later. (Note: UNIIIC contacts have confirmed to us that Eid had met with Bellemare exactly one week prior to his death. End note.) The assassination of Hizballah leader Imad Mougnieh followed two weeks later, leading Jumblatt to believe there was a link between Ramloush [sic]and Mougnieh, “assuming Ramloush [sic]was still alive.”

8. (S) The second issue Jumblatt raised was Saad’s reported training of Sunni militias in Lebanon (allegedly 15,000 members in Beirut and more in Tripoli). In establishing his own “security agencies” in Beirut and Tripoli, Saad was being badly advised by “some people,” Jumblatt said, such as ISF General Ashraf Rifi. In his meeting with Jumblatt, Hassan admitted having knowledge that members of Saad’s Future Movement were being trained. Hassan reportedly opposed such training, but “people around Saad” (i.e., Rifi) were telling him to go ahead. (Note: The Jordanians have refused to train Internal Security Forces (ISF) members hand-picked and vetted by the Embassy to participate in a DA/ATA-funded Terrorism Crime Scene Investigation program, reportedly because they don’t want to be involved in training “Saad’s militia.” End note.) Jumblatt said Saad’s militia would cause significant damage to March 14, especially because Geagea’s Lebanese Forces and Suleiman Franjieh’s Marada were in line to train their own forces.

*

08BEIRUT642 (May 9, 2008) | Subject: GEAGEA PROPOSES ARAB PEACEKEEPERS; A STRONG SINIORA IS PLANNING A TELEVISED ADDRESS SATURDAY

5. (C) Geagea then asked to speak privately to the Charge. It was important for everyone to push the LAF to do its job, said Geagea. However, he wasn’t sure that the army would succeed. If the army failed to protect Christian areas, Geagea said he wanted to make sure Washington knows he has between 7,000 and 10,000 well-trained Lebanese Forces fighters who could be mobilized. “We can fight against Hizballah,” he stated with confidence, adding, “We just need your support to get arms for these fighters. If the airport is still closed, amphibious deliveries could be facilitated.”

The Charge assured Geagea that the U.S. was encouraging Sleiman and the LAF to protect state institutions and the citizens of Lebanon. (Note: At 2315, Geagea telephoned the Charge to relay that his morale had been boosted by a telephone call from NEA A/S Welch. End note.)

*

QN Comment

There’s a lot to discuss here, but I’ll just point out the following tidbits:

1. Brammertz, Wissam Eid, and the CBC Report:

Some of you will recall the famous CBC report on the Hariri investigation, which came out several months ago. (See my commentary on it here, here, here, and here.) In that report, Neil Macdonald revealed that the UN investigating team (led by Serge Brammertz) did not begin doing any telecommunications analysis until late 2007. As I pointed out, Macdonald’s assertion simply did not tally with the UNIIIC record, which mentioned telecommunications analysis in eight different reports from 2005-07.

Now, in the first cable posted above, Jumblatt makes the same point that Macdonald does in his article, and cites his source as Wissam al-Hassan (the ISF intelligence chief). This, then, seems to bolster the points made in the CBC article, except it still does not explain why the UNIIIC claimed to be performing telecommunications analysis for three years when it actually wasn’t. Another possible explanation for this discrepancy is that Macdonald’s source for the information about Brammertz was also Jumblatt’s source: Wissam al-Hassan. Thoughts?

2. Saad al-Hariri and the Mustaqbal Militia

After the events of May 7 2008 (when Hizbullah’s fighters took over Beirut and parts of Mount Lebanon as a response to the Siniora government’s attempted crackdown on the party’s fiber optic network), there were rumors circulating about a “Sunni militia” sponsored by Saad al-Hariri that had been training in Jordan. No real evidence of any such militia ever emerged, and March 14th has always insisted that it never entertained a military option against  the Shiite party.

The Jumblatt cable is the first indication that these rumors may indeed have been true. Of course, we have no idea how far along al-Hariri’s militia-building plans had gotten. Hizbullah’s 2008 strike was remarkably efficient… practically surgical, which leads one to believe that Saad’s fighters were either: (a) nonexistent; (b) poorly trained; (c) or ordered to give up their weapons without a fight.

3. Geagea’s 10,000 LF Fighters

The Lebanese Forces released a statement today saying that the May 9 2008 cable which quotes Samir Geagea as requesting weapons from the Americans for his fighters is actually a vindication, because it shows that the LF is not armed after all, but rather merely “well-trained”. I’m not sure I buy that… what Geagea was probably asking for was heavier weapons — mortars, grenade launchers, field guns, etc. — to complement the machine guns that every self-respecting Civil War vet still has tucked away in the cellar.

But maybe not. What do you think?
wordpress stats

Gary Gambill, current editor of Mideast Monitor and former editor of the Middle East Intelligence Bulletin, is one of the sharpest commentators on Lebanese affairs. His analysis is always meticulously well researched and well written, and I’ve enjoyed reading him for years. This interview was conducted over email. Please feel free to respond with your own questions, and perhaps Gary will take some time to engage the readership in the comment section.

In other news, I’ll be giving a talk about Lebanese electoral reform at Stanford University’s Center for Democracy, Development, and the Rule of Law, this Thursday at 12:00 PM. Feel free to stop by if you’re in the area. And finally, check out Jesse Aizenstat’s iPad ebook about surfing and politics in the Middle East.

**

QN: In your recent article, Dreaming of Damascus, you argued that Syrian President Bashar al-Assad could not sign a peace deal with Israel because this would undermine the legitimacy of his Alawite regime in a Sunni-majority country.

GG: Well, I argued that the unique sectarian composition of Syria’s regime makes it less politically capable than a representative government of making peace with Israel. One of the problems with writing op-eds is that one doesn’t have the space to clarify everything, so let me underscore a few points:

First, I’m not saying Assad doesn’t want a peace treaty with Israel – I suspect he would sign one if the expected gains outweighed the political risks.  But what what are the political risks of accepting the terms currently demanded by Israel (breaking with Iran, an end to all direct and indirect support for anti-Zionist movements, trade relations, an occasional bouquet of flowers, etc.) for an Alawite-dominated regime in a majority Sunni country?

Second, my hypothesis is essentially structuralist. The constraint on foreign policy I’m postulating is generated primarily not by the preferences of either the Alawite minority or the Sunni majority (neither of which strikes me as more averse to peace than Egyptians, Jordanians, or Palestinians), but by the fact that a regime dominated by the former is governing the latter.  The Assad regime has long managed Sunni resentment at being ruled by an Alawite-led regime (which we all know is common, particularly among the religious) by advancing regional causes that resonate with Sunnis (particularly anti-Zionism).  This is why Al-Qaeda and non-Syrian branches of the Muslim Brotherhood have been friendly to Assad, and it is partly why Syria has been so stable.  A strategic realignment away from the rejectionist axis would make the regime more vulnerable to internal and external subversion.

Third, my substantiation of the argument is essentially deductive.  There haven’t been any other cases of heterodox Islamic minorities governing Sunnis in the modern era, so we have only the Syrian case to look at. The empirical data from this one clinical trial is consistent with my hypothesis (the Assad regime has, justifiably or not, repeatedly declined whatever terms happen to be acceptable to Israel at any given time), but it’s also consistent with other explanations of Syrian behavior.  Although I lead the article with the claim that Assad “can neither be bribed nor intimidated into making a ‘strategic realignment’ until he first reconciles with the Syrian people,” I’m not saying that the sectarian power imbalance in Syria is the only determining factor.

QN: How would you explain Assad’s repeated attempts to get Israel to negotiate on the Golan, as well as the assessment of many of Israel’s top military advisors that Assad is serious about pursuing peace? Is he just playing the process and fooling even the most hard-nosed of his enemies?

Well, clearly Assad derives enormous benefits from the process of negotiating with Israel, irrespective of the outcome, so his desire to negotiate does not itself reveal much about ultimate intentions. Even if we take him at his word that he wants a settlement, he has said little publicly to suggest that he would be willing to make the kind of strategic realignment demanded by Israel even if it is willing to withdraw completely from the Golan.

Of course, Assad has every right to insist that normalization of diplomatic relations with Israel not automatically entail full-blown friendship (a demand that is certainly not typical of most peace settlements).  I just don’t think he’s going to get his way.  He doesn’t have his father’s international credibility, and he played a far deadlier role in sponsoring terrorism against Israelis.  He’s going to have to show them the money to get the Golan back, and I don’t see him doing that anytime soon.

QN: In Syria’s Triumph in Lebanon: Au Revoir les Ententes, you argued that Syria has returned to dominance in Lebanon.  How is the present state of affairs different from the conditions that obtained in the 1990s and early 2000s?

GG: Regional and international toleration has always been a critical enabler of Syria’s domination of Lebanon, and the attitudes of all the major external players are gradually reverting back to form.  The fact that Western and Arab governments have stopped criticizing Syria’s conduct in Lebanon (apart from its transshipment of weapons to Hezbollah) and embraced the contrived fiction that Assad is “mediating” between Saad Hariri and Hezbollah is eerily reminiscent of the days when they pretended there wasn’t an occupation (the word itself was literally absent from American official statements on Lebanon until 2003).  Continuing American antagonism  toward Hezbollah suits the Syrians just fine – their value as a “mediator” is enhanced if Hezbollah isn’t getting along with the international community.

Internally, most Lebanese political elites are seeking amicable relations with Syria (even as many denounce Hezbollah).  The lack of uproar over the recent disappearance of four Syrian political dissidents in Lebanon is really sad.

Syrian troops haven’t returned, but that’s the beauty of it for Assad.  Domination without (or nearly without)  occupation is exactly what Assad was trying to achieve in 2001-2004 with the drawdown of Syrian forces and the elevation of President Emile Lahoud over Hariri.

QN: Are there any opportunities for Lebanon to gain a credible measure of sovereignty over its affairs?

What is “sovereignty” in a country as divided as Lebanon?  If you mean a government that asserts its prerogatives in accordance with the “will of the people,” Lebanon has the most sovereign state in the Arab world – it performs exactly as the country’s democratically elected leaders intend it to.  The problem is that the “will of the people” is fractured and contradictory.

The Lebanese people will have to take it upon themselves to strive for something higher.  The demonstration against sectarianism in Beirut earlier this month was a hopeful sign, but a few thousand people is a far cry from the kind of popular mobilization needed for the Lebanese to follow in the footsteps of Egypt and Tunisia.

QN: Who killed Rafiq al-Hariri?

GG: I’ve been very careful not to play into the Syria-bashing that has been in vogue in Washington, and I have serious doubts as to whether Syria was involved in some of the subsequent assassinations frequently attributed to it (especially Pierre Gemayel and Brig.-Gen. François al-Hajj).  But in my view the Assad regime was almost certainly responsible for the Hariri killing.  I’ll explain my reasoning step by step:

1. It would have been virtually impossible for anyone outside of Syria’s extended network of clients and proxies to cleanly pull off such a complex operation in the heart of Syrian-occupied Beirut.  There certainly was no precedent of uninvited guests operating at anywhere near this level of sophistication under the nose of the Syrians.  Israel probably could have pulled off the hit, but not cleanly (hundreds of former Israeli agents rotting in Lebanese prisons today testify to its sloppy covert ops).  If the Israelis did it, there would have to have been a conspiracy on the part of both the UN investigative commission and at least some Lebanese security officials to bury evidence pointing in that direction.  That seems wildly implausible to me.

2. It’s virtually inconceivable that elements inside this network would have taken it upon themselves to kill a leading Lebanese political figure without say so from Syrian intelligence officials in Lebanon, and virtually inconceivable that the latter would have given the order without authorization from Assad.  There is no precedent of either, and it’s difficult to plausibly reconstruct what factional interests might have been served by “rogue” operators killing Hariri.

3.   The behavior of Jamil al-Sayyid and other top Syrian appointed Lebanese security officials after the killing simply isn’t consistent with the frenzy of activity one would expect in the wake of an unapproved killing of such a major figure.  These are the same guys who once sent tanks through the streets of Beirut because of a false rumor that Aoun was returning from exile.

4. The telecommunications evidence that Hezbollah members were conducting surveillance of Hariri before and during the assassination is pretty damning once you closely examine the methodology (e.g. “collocation” of cell-phone signals).  Hezbollah would not have gotten involved without Syrian collaboration.

5.  The Syrians had by far the strongest motive of anyone for wanting Hariri dead.  Hariri was quietly coordinating with the emerging Christian and Druze opposition with the intention of crushing pro-Syrian loyalists in the 2005 elections, as well as with French and American efforts to pressure Syria to disengage from Lebanon.  Hariri got killed right at the moment when everyone was wondering what in the hell the Syrians were going to do about Hariri.

Am I ABSOLUTELY certain that the Syrians killed Hariri?  No. Am I absolutely certain that the Libyans killed Musa Sadr or that Geagea’s Lebanese Forces killed Prime Minister Rashid Karami?  Or for that matter that Lee Harvey Oswald killed JFK?  No.  But let’s not kid ourselves.  Let’s also not pretend that every other government in the Arab world wouldn’t resort to murder in fending off serious political challenges.  Recently leaked Egyptian State Security files indicate (if authentic) that the Mubarak regime carried out the Alexandria church bombing in a clumsy attempt to strengthen its pretext for tyrannical rule.

QN: You’ve argued that the STL (and the UNIIIC before it) was compromised by the blunders of Detlev Mehlis.

GG: Yes.  Mehlis either was duped into staking the credibility of the UNIIIC on dubious witness testimonies in his first interim report to the Security Council or knowingly attempted to pass off unreliable witness testimonies as solid evidence.  So he was either incompetent or unethical.  All hope of a judicial process that would be broadly perceived by the Lebanese people as impartial and just was lost on his watch, which is a shame because his successors seemed to have pulled it together.  The upcoming indictments are, according to all indications, based on compelling evidence that has in no way been tainted by the missteps of Mehlis, but they won’t be perceived as such by a great many Lebanese of all sects.  Don’t be surprised if Hezbollah one day erects a statue of the German prosecutor.

QN: What kind of effect, if any, will the published indictments have upon the political arena in Lebanon, particularly if they do name members of Hezbollah?

GG: It’s difficult to say.  On the one hand, incontrovertible evidence of Hezbollah’s involvement is a glaring violation of its long-standing pledge not to use violence to settle domestic political disputes.  This is a much more serious violation of its so-called “purity of arms” than its route of Sunni and Druze militias in May 2008 (which at least was in defense of a fiber optic telecommunications system unquestionably vital to its military struggle against Israel).  The late Hariri made no secret of his desire for peace with Israel and unquestionably encouraged his foreign allies to intercede on his behalf with Syria, but he cannot be said to have posed a clear and present danger to the “resistance” – killing him was out and out murder even under Hezbollah’s own moral code. I myself was VERY skeptical of the allegation when Der Speigel first broke the story of Hezbollah’s involvement in May 2009, but the evidence now appears indisputable.

However, Hezbollah’s saving grace is the fact that large numbers of Lebanese (85% of Shiites, 54% of Christians, and 21% of Sunnis, according to one recent poll) don’t accept the legitimacy of the tribunal.  Moreover, there has been a long lead time between confirmation of Hezbollah’s rumored indictment last summer and the indictments themselves.  People have had a long time to adjust to the news and draw their own conclusions, so unless the indictments contain a surprise we don’t know about, the worst may already be over for Hezbollah.

QN: How do you assess the current position and identity of the Free Patriotic Movement? How durable is the alliance between the Aounists and the “Resistance camp”?

GG: I haven’t been paying close attention to the inner workings of the FPM as of late, but I expect its alliance with Hezbollah to endure for quite some time.  Aoun’s decision-making, from his choice of election partners in 2005 to his alliance with Hezbollah the following year and subsequent reconciliation with Syria, has been largely driven by the constraints and opportunities afforded by the positions of other players.  The refusal of March 14 to accept his presidential candidacy (despite the fact that his party won over two-thirds of the Christian vote in the 2005 elections) made this alignment an inevitability.  Any other Lebanese politician in his situation would have done the same thing (indeed, Hariri and Jumblatt DID do essentially the same thing when they allied with the Shiite bloc against Aoun in the 2005 elections).  That’s how the game is played in Lebanon, and Aoun has proven to be a quick learner since returning from exile. The presidency is his if he can live long enough to claim it in 2014.
wordpress stats

Lebanese television station Al-Jadeed released another titillating episode in its series “Haqiqa Leaks” a few days ago, this time featuring the notorious Hussam Hussam, a Syrian intelligence agent who came forward early in the Hariri investigation with information incriminating Syrian and Lebanese security officials.

Hussam, like Siddiq (who was the star of his own Haqiqa Leaks primetime special), would later recant his story and claim that he was pressured by March 14th figures to fabricate his testimony. The leaked recording is from an interview conducted with him by a member of the U.N. investigation team in Damascus in 2007. It’s full of all kinds of accusations, among them that he was tortured by Gerhard Lehmann in a subterranean building abutting the headquarters of the Special Tribunal in Monteverdi (a residential neighborhood just northeast of Beirut), and that he was offered $5 million by Saad al-Hariri to round up other false witnesses to help substantiate the tale that he was made to tell.

According to the STL, neither Siddiq nor Hussam’s testimonies are part of the evidence presented to the pre-trial judge, having been deemed unreliable once they recanted. This will not stop many from continuing to argue, however, that the entire case is based on false witness testimony…

And whether or not one chooses to believe a word that the guy says, it’s obvious that whoever is behind these leaks knows just how damaging they will be to the Tribunal’s credibility in Lebanon. Does al-Jadeed have their own Bradley Manning deep in the bowels of the STL’s offices in The Hague? How much more embarrassing material is waiting to be revealed, and when will we see other parties circulating their own “leaks” to counter the Al-Jadeed narrative?

More importantly: don’t you just love Lebanese politics? Not content to be the first country ever to trigger a UN Special Tribunal devoted to the prosecution of a political murder, we are also the first country to coopt the Wikileaks phenomenon (and brand) in the service of undermining said Tribunal. Ghazi Kanaan didn’t know who he was dealing with when he told the Lebanese to stick to entertainment and leave the politics to Syria. Talk about a false choice.

(I’ll  be traveling for the next few days, so please behave yourselves in the comment section…)
wordpress stats

It’s been another marathon day for political deal-making in Lebanon. As recently as this morning, the Syrian-Saudi initiative remained dead and buried, only to be resurrected under Qatari-Turkish stewardship (and French oversight) by the afternoon.  Tomorrow, we may see the Brazilians and the Russians tossing their hats in the ring, and before you know it, the Tasmanians will be elbowing their way to the bar as well.

Lebanon’s speaker of parliament Nabih Berri was quoted in a story in An-Nahar today confirming the terms of the Syrian-Saudi initiative, which were first discussed by Hizbullah Secretary-General Sayyid Hasan Nasrallah in his speech on Sunday evening. These terms, as you will recall, were based upon the following three demands by the opposition:

  1. that Lebanon end its financial support of the U.N. Special Tribunal (STL);
  2. that the Lebanese judges be withdrawn from the court;
  3. and that the treaty of cooperation between Lebanon and the court be annulled.

According to Berri, there was a last-ditch effort on Sunday to reach an agreement with Saad al-Hariri on this deal (before the UN Prosecutor Daniel Bellemare could file his indictment to the pre-trial judge on Monday), but it fell through. Had Hariri accepted, he would have presumably been re-nominated prime minister by the opposition. Instead, he turned it down, which led to a flurry of diplomatic activity meant to prevent the security situation in Lebanon from spinning out of control.

The Daily Star is reporting that the Turks and Qataris have stepped in where the Syrians and Saudis failed, and are apparently close to hammering out an agreement which is based on the earlier initiative. While we wait to hear how this pans out, I thought it would be worth reflecting on the opposition’s demands, and what they tell us about how Hizbullah and Hariri view the consequences of the Tribunal.

First of all, as Nasrallah himself noted in his speech, even if Hariri were to accept the three-point plan, this would not bring an end to the STL’s proceedings. This morning, I interviewed the STL Registrar, Herman von Hebel, and he had this to say about the issue of financing:

I’m very confident that we will be able to get the financial support for the budget. Lebanon continues to be obliged to cooperate with the Tribunal and provide financial support – regardless of the state of the government. There remains strong support for the Tribunal in the international community: 20-25 countries around the world are supporting us financially. Following the issuance of the indictment, we have only seen increased attention and support. So, I am confident that even if Lebanon’s share (49% of the budget) were not provided, we would be able to continue our work with contributions from other states.

Similarly, I imagine that withdrawing the Lebanese judges would not represent an insurmountable obstacle for the STL, nor would the annulment of the agreement between the STL and the Lebanese government be anything more than a symbolic move, since the agreement was never ratified by Parliament anyway (it was imposed by Chapter VII).

So, if these three steps make no practical difference to the functioning of the STL, why are they so important to Hizbullah? No one in Lebanon would believe that Hariri and March 14th had changed their true position on the STL even if they did agree to “distance” themselves from it using these measures. So why insist on the charade? On the other hand, because the indicted individuals will almost certainly have to be tried in absentia (since the Lebanese Army can’t be trusted to break up a street fight in Zoqaq al-Blat, let alone arrest a member of Hizbullah and put him on a plane to The Hague), does it really matter, practically speaking, what the Lebanese government’s official stance is on the STL? And if not, why didn’t Hariri accept the proposed settlement?

The obvious answer to these questions is that Hizbullah is seeking to put another dent in the STL’s public image, so as to mitigate any anticipated tarnishing of its own image. I say that this is the “obvious” answer only because it’s the one that people typically offer whenever talk of the Tribunal’s consequences comes up. But the truth is that no one really knows how (or if) the trial will impact Hizbullah’s image once the trial begins. In my opinion, that will depend entirely on the kind of evidence that is marshalled, and not on any transparent political games being played in Beirut.

More on this tomorrow…
wordpress stats

Here are some quick thoughts on Hizbullah secretary-general Sayyid Hasan Nasrallah’s speech this evening, which I live-blogged here (see here for another English translation).

Firstly, I found Nasrallah’s discussion of the terms of the Syrian-Saudi initiative to be quite interesting. If Saad al-Hariri really did agree to the opposition’s demands that they (a) withdraw the Lebanese judges; (b) stop funding; and (c) abrogate the cooperation agreement with the STL, then this is noteworthy. What were, I wonder, al-Hariri and the Saudis’ demands? It seems unlikely to me that al-Hariri and his allies would have agreed to these three demands, which amount to essentially torpedoing public trust in the STL, even if it would not have brought the actual Tribunal to a close (as Nasrallah pointed out).

Secondly, the fact that Nasrallah is able to make so much hay out of the false witness issue is entirely the fault of Hariri himself and his political advisors. As I’ve argued in the past, Hariri’s people have failed miserably in shaping the debate on the false witnesses, while the opposition has basically taken the issue and run with it. Even as we speak, the al-Jadid recording is changing minds in Lebanon, even though it more or less confirms what March 14 politicians have consistently (but poorly) articulated, namely that Siddiq was not fed information by Hariri’s people.

Thirdly, Nasrallah did an excellent job of framing the resignation of the opposition in terms of their dissatisfaction with the Hariri government on a number of fronts (corruption, lack of transparency, incompetence, false witnesses, vulnerability to foreign pressure, etc.) rather than just its commitment to the STL. Earlier in the day, Michel Aoun had similarly made a persuasive and typically belligerent case against Hariri’s government, articulating the reasons that the opposition had decided to abandon the national unity path. The question is: does Nasrallah know something that the rest of us don’t, with respect to Nabih Berri’s nomination decision? All of this will become clearer in the next couple of days.

Finally, allow me to reiterate a basic point that I’ve made several times before: can anyone doubt that the opposition has the big guns (rhetorically speaking) in Lebanon? Here we have Hasan Nasrallah, the leader of a conservative religious-political party and a militia stronger than the Lebanese army that is about to be accused by the United Nations of masterminding the assassination of a Sunni prime minister, and he sounds like the most reasonable, rational, straightforward politician in Lebanon. Note that I am not agreeing with the content of what he said (which was, let’s face it, just another shade of demagoguery like everyone else’s talking points), but simply pointing out the obvious: Hizbullah would be in a vastly different position in Lebanon today were it not for the leadership of Hasan Nasrallah. No one else would be capable of reconciling the manifold contradictions in Hizbullah’s projected identity and framing their program in as capacious and catholic a manner as Nasrallah. To understate his role is to misunderstand the rise of Hizbullah completely, in my opinion.

The floor is open.

UPDATE: Trella.org has the transcript of the second Al-Jadid recording. And here’s the actual recording on YouTube.
wordpress stats

Hizbullah secretary-general Sayyid Hasan Nasrallah will give a live televised address this evening at 8:30 PM Beirut time (6:30 PM GMT). Arabic speakers outside Lebanon will almost certainly be able to watch the speech on this website. For non-speakers, I will be live-blogging and translating the speech here.

I expect Nasrallah to address the following topics:

  1. The reason for the opposition’s walk-out, and the failure of the Saudi-Syrian initiative.
  2. The formation of the next government: will Hizbullah agree to re-nominate Hariri if he agrees to their conditions, or are they committed to a different candidate altogether?
  3. The Special Tribunal for Lebanon’s indictments against Hizbullah, which are expected to be given to the pre-trial judge tomorrow.
  4. The tape released by al-Jadeed featuring Hariri discussing his father’s murder with Muhammad Zuhayr al-Siddiq.

Because Nasrallah’s speeches tend to run a little bit long, I imagine that al-Jadeed will release Part Two of their scoop before 8:30 PM. Will try to bring some commentary on that as well, but it may have to wait until tomorrow.

Stay tuned.

*

8:30 PM: Nasrallah begins speech by discussion the Syrian-Saudi initiative.

8:35: It was clear from the beginning that indictments were not going to be canceled. This was out of Saudi hands. It was in American and Israeli hands. What we were negotiating over was: (1) Postponing the emergence of the indictment; (2) Finding a way to preserve Lebanon from any strife resulting from the indictments.

8:37: How could we preserve Lebanon from problems? The government could: (a) withdraw the Lebanese judges from the STL; (b) stop Lebanese financing of the STL; (c) canceling the cooperation agreement between the Lebanese government and the STL. These three things would not abolish the STL! Far from it. Withdrawing judges, stopping funding, and ending official cooperation would not stop the STL. This was the basis of the agreement. And the other side had demands for our side as well that we were negotiating about.

8:40: The atmosphere was very positive. Then the Saudi king got sick and went to America, and the negotiations slowed down.

8:41: Then Saad al-Hariri said that he was waiting for the other side to take its steps. This was read as a positive development because it acknowledged the presence of an agreement about how to solve the crisis.

8:43: Then, without any forewarning, the Saudi side got in touch with the Syrian side and said that the deal was off. This was after Saad al-Hariri’s meeting with the Americans. This was when we decided to withdraw the government.

8:45: It is clear that the Americans and Israelis were opposed to the Syrian-Saudi initiative, from the beginning. They let it go for a while because they were betting that the two sides would not get to a solution. When they saw that it was actually leading to a solution, they came in to disrupt it. Can you give me another explanation?

8:47: Saad Hariri said that the initiative succeeded but that some parties in Lebanon did not fulfill their obligations. This is wrong. But let me go along with him for a bit. Let’s say this is true. Since there was a strong possibility that this initiative would succeed, why would he go to America and accept to be told that the deal was off?

8:49: What happened to sovereignty and independence and freedom? When America says no, then everything stops?

8:50: I will not reveal what Hariri’s side was asking from us. But one day, if someone else does reveal this, then the Lebanese will have to judge whether or not his demands were really in the national interest. Some of the things that they were requesting may have been in the national interest. But others were purely in the political interest of Hariri’s party.

8:52: The false witnesses were responsible for destroying the Lebanese-Syrian relationship and led to the worst sectarian atmosphere. They were responsible for the political climate that led to parliamentary election results.

8:54: One of the things that was being requested from us as part of the S-S initiative was closing the file on the false witnesses. You (i.e. Hariri’s people) should have been the most interested in discovering the truth about the false witnesses and prosecuting them. And yet, you wanted them to be part of the negotiated settlement.

8:55: Now we are starting to understand why the country ground to a halt in order to prevent a vote on the false witness issue.

8:56: What is comical is that some people in Lebanon are saying that the Al-Jadid recording was fabricated. These are the same people who refuse the idea that the STL’s evidence is fabricated.

8:57: Future TV has promised to publish the entire recording, since Al-Jadid’s recording was apparently taken out of context. How is that you have this secret recording? Where did you get it? It’s supposed to be secret.

9:00: We’ve been asking where the $11 billion disappeared to. When we ask about this, they start talking about how this is raising sectarian strife, etc.

9:02: This government has left this country vulnerable. This government is completely powerless before the decisions of the STL.

9:04: In view of this situation, we had to resign from this powerless government.

9:05: We did not bring down the government in the streets, and we did not demonstrate, nor did we use any weapons. We came in a very democratic way and said: here is our resignation. And what happened? America, and France, and various Arab countries were up in arms, and released statements, and applied pressure, and protested. What does this tell you?

9:07: We are not afraid of their armies or their navies or their airplanes, so how could we be afraid of their press releases? We acted in a democratic way, and yet all of the world’s capitals came to criticize us for this democratic action. What does this tell you? It tells you that the world does not want anyone in Lebanon to criticize or oppose [March 14].

9:09: The opposition is united in its determination in not naming Saad Hariri as prime minister. I will not reveal who our choice is tonight. In this domestic issue, why is the world getting involved? Why is Hillary Clinton making phone calls?

9:11: This is supposed to be a democratic process. Let the parliament vote on its choice. Why should it come under pressure from various corners of the world? Is this democracy?

9:12: Imagine that the American ambassador went today to visit Nicola Fattoush in Zahleh. Does she really care about what Zahleh wants? No, she visited him because he’s working on the issue of the next prime minister.

9:14: The STL was called upon to hasten its release of the indictments. They moved to release them on Monday so that it would happen before the next prime minister was nominated.

9:16: What’s next? I want to be very clear and honest. Tomorrow or the day after, there will be two tracks taking place at the same time. One is the track that will lead to the nomination of a new prime minister. The second is the track that will lead Bellemare to present his indictments to pre-trial judge Fransen.

9:17: These two tracks are independent. On the first track: we consider this to be a democratic, constitutional track. We demanded it. We resigned and requested that consultations would lead to a new government. All of the political blocs have a responsibility, a historic responsibility, over the next couple of days. What kind of government do they want to present to the Lebanese people? I leave all of these individuals to their conscience.

9:19: We lived the experience of this government and the previous one. This was a new experience for us, because we had not participated in governments before. I would like it to be clear that whatever government is formed, that government has to assume its responsibilities. From now on, we will not accept any government to be silent on the question of false witnesses. Any government that protects the false witnesses, especially if it is composed of those who fabricated the false witnesses, we will not be silent about it. Any government that protects financial corruption, we will not be silent about it. Any government that does not assume its responsibilities in a serious way, we will not be silent about it. Any government that conspires against the Resistance, we will not be silent about it.

9:23: We hope that the Lebanese form a government with the priorities of the people. I’d like to say that what happened in Tunisia over the past couple of days should be a lesson to us. What is the lesson? The lesson is that the Tunisian regime always had relations with France, America, and even secret channels to Israel. What happened to him? Those government would not even let his plane land in their capitals. This is the lesson.

9:25: We as Lebanese can sit down and solve our problems. But the other side does not want us to solve our problems as Lebanese. It wants the intervention of other countries.

9:26: Finally, with respect to the indictments. We’ve described it as an American-Israeli tribunal, based on facts. We are going to defend our own dignity and presence. This second track is completely independent from the first track. We will not accept our reputation or our dignity to be touched by this tribunal or even by any accusation. My conviction is that the Israelis assassinated Rafiq al-Hariri. George Bush was a crazy man; now they’re saying that the current guy [i.e. Obama] is a bit better.

9:30: The consultations may indeed lead to the re-nomination of Prime Minister Hariri. That’s fine, but it will still be a new era.

9:31: End of broadcast.

 

wordpress stats

Well this is embarrassing. Lebanese TV station al-Jadeed has a major scoop tonight: a leaked recording of a meeting between Saad al-Hariri, Information Branch chief Colonel Wissam al-Hassan, STL deputy chief investigator Gerhard Lehmann, and Muhammad Zuhair al-Siddiq. You can watch the entire report below.

It’s not entirely clear just how damaging this could be for Hariri. On the one hand, judging from a comment made by Siddiq near the beginning, this conversation must have taken place shortly after the attempted assassination of May Chidiac on September 20th, 2005. That was still very early in the investigation, well before the IIIC determined that Siddiq was unreliable (note the date of the report shown in the video: August 2006). For an excellent background document on the whole false witness scandal, see here.

Furthermore, the al-Jadeed audio clip does not portray Hariri or al-Hassan feeding Siddiq any information. Rather, it’s the other way around, and the German investigator raises doubts about the veracity of the witness’s testimony. If anything, what the clip seems to show is:

  1. Hariri and his people wanted Siddiq to provide “clear evidence” of Syrian involvement.
  2. They were convinced by what he said, and were trying to convince Lehmann that his testimony was valuable.
  3. Al-Hassan looks even more eager than Hariri to get the information out of Siddiq.

Now, despite all of this, I do believe that the clip could be seriously damaging — depending on how Hariri handles it. The opposition is going to claim that Hariri lied about not having anything to do with the false witnesses (even though this audio actually seems to confirm that he was the recipient of Siddiq’s testimony, not the originator of it.) The mere fact that he was in contact with Siddiq is enough to further poison the well of public trust in the STL.

More on this tomorrow (al-Jadeed has promised us another tape!)

UPDATE: I’ve translated selections from the recording into English, and will translate the rest later if I have time. For those who read Arabic (but are having trouble hearing everything said on the recording), see Elaph’s transcription of the discussion.

*

[1:25]

Hariri: (addressing Siddiq) Neither I nor you, nor Murad, nor Gerald, nor Andy, nor anyone in Lebanon or Syria doubts that they did it.

Siddiq: No one doubts?

Hariri: …That they did it. Now, we’re working with countries — Arab countries. If you can’t bring them clear evidence that the Syrian regime using X, Y, and Z, with evidence A, B, and C was involved [in the crime], then we have a problem.

Siddiq: … If you want to speak like this, then you need to begin to respond to them with [??] That’s the first thing, in respect to the Arab countries, apart from the foreign [i.e. non-Arab] countries.

(The tape is then cut off abruptly)

*

[2:30]

Siddiq: I take responsibility for what I’m saying, Wissam. Because there’s going to be a confrontation, and I’m going to confront people myself.

*

[2:40]

Siddiq: I don’t want to say something, for him to ask me: “When is that going to happen?”

Hariri: When are you going to bring 1, 2, 3?

Siddiq: Those who are carrying out the explosions in Lebanon: I get them.I get them all. That’s my job. That’s what I do. I’m the one who gets them.

*

[2:57]

Siddiq: The telephone call in which I told you that they would send 20 people. The telephone call in which I told you that the explosions would begin. Didn’t it happen? You’re seeing it. I called you the night before last, do you remember? Did you see the call?

(pause)

Siddiq: I called you the night before last.

Hariri: Mmm.

Siddiq: You didn’t answer. I called a second time and you didn’t answer. I said maybe he went to sleep and he’ll call me in the morning. [I was calling] to tell you that there was a bomb going to the LBC. It ended up being for May [Chidiac]. May was lost.

(Note that Siddiq did not actually communicate this to Hariri prior to the bombing. He’s claiming to have had advance knowledge but he didn’t actually warn Hariri ahead of time, because he allegedly couldn’t reach him on the phone.)

Hariri: Usually, when you want to speak to me you send me an SMS.

Siddiq: At a time of urgency?! An SMS?! …

(Discussion of Nabih Berri’s visit to Spain and then Syria to meet with Bashar al-Assad and Hassan Nasrallah)

*

[4:27]

Siddiq: Go confirm this information.

Hassan: Zuhair, let’s go back to the scene of the crime.

Siddiq: The scene of the crime, ya habibi, I’m going to tell you about it. What I want to tell you is this: if the report is going to come out without any confusion whatsoever, it needs to have the names of nine people: four Lebanese and nine Syrians. That’s what the report should say. Nine Syrians and four Lebanese.

*

[4:51]

Siddiq: Tell him [i.e. Lehmann] something for me. Tell him that Zuhair will not let you become a spectacle [nazra?] in front of the world, no. Tell him that I have the truth and that all of it will come out, God permitting…

*

(Discussion of where Siddiq’s wife would stay when he came to Lebanon. My friend Alex pointed out that this conversation reveals that the meeting between Siddiq and Hariri did not take place in Lebanon. Where did it take place? If someone can dig up an old press report that mentions which country Hariri was in shortly after May Chidiac was killed, then we can guess where this meeting happened.)

To be continued…

UPDATE: Here is Part Two.

wordpress stats

I’ve written something about the current showdown in Beirut for Foreign Policy. The first couple of paragraphs are pasted below, followed by a link to the rest of the article. Comments and critiques are welcome.

No Victors in Lebanon

Lebanon’s dysfunctional political system has once again been set back to square one. Months of speculation, rumors, and unconfirmed press reports about a negotiated settlement to the latest crisis came to an abrupt end Jan. 12, when Hezbollah and its allies resigned from Prime Minister Saad Hariri’s government, precipitating its collapse. This step sets the stage for a confrontation over the makeup of the next government. And in this showdown, all sides stand to come out losers.

Political divisions over the U.N. Special Tribunal for Lebanon (STL), which is charged with prosecuting those responsible for the 2005 assassination of Saad’s father, former Prime Minister Rafik Hariri, are the cause of the crisis. A number of explosive leaks to the media have signaled that the tribunal plans to indict members of Hezbollah for the crime. Hezbollah and its allies, in a bid to contain the domestic fallout from this revelation, have demanded that Hariri cut Lebanon’s funding for the tribunal and disavow any indictment issued by the court. Because Hariri refused to give in to their demands, Hezbollah and its allies have now upped the ante by toppling his government.

The opposition’s walkout had an air of inevitability about it, but also one of desperation. Hezbollah now faces the difficult task of bringing to power a new Sunni prime minister — under Lebanon’s political system, the premier must be a Sunni — who would heed its call to end Lebanon’s cooperation with the STL. But even if the Shiite militant group musters the majority in parliament to do so, it’s unclear what the practical effect of its victory would be. The STL indictments will emerge regardless of who sits in the premier’s chair in Beirut, and funding will come from other states even if Lebanon declares that it will no longer contribute financial support to the court.

As has long been recognized, Hariri’s value to Hezbollah was never his ability to disrupt the progress of the investigation of his father’s murder. Hezbollah’s goal was for Hariri to join the party in denouncing the court as a politicized organ whose legitimacy had long been compromised by “false witnesses” bent on misleading the court, or even a vast Zionist-American conspiracy targeting the Lebanese resistance against Israel. The chances of Hariri acceding to Hezbollah’s demands on this score have grown far slimmer now that the party has brought down his government. He has nothing to gain by giving in now.

(Keep reading)
wordpress stats

Next Page »

Follow

Get every new post delivered to your Inbox.

Join 120 other followers