Pursuant to Rule 68(G) of the STL Rules, the pre-trial judge may submit to the Appeals Chamber any preliminary question, on the interpretation of the Agreement, Statute and Rules regarding the applicable law, that he deems necessary in order to examine and rule on the indictment.
On 21 January, upon receiving the indictment for the confirmation, the pre-trial judge raised before the Appeals Chamber the questions related to five matters:
1. Notion of terrorist acts;On the same day, the President of the Tribunal ordered that on 7 February the Appeals Chamber shall hold a public hearing in these matters, so as to provide the parties an opportunity to respond to each other’s submissions.
2. Notion of conspiracy;
3. Constitutive elements of intentional homicide with premeditation and attempted intentional homicide with premeditation;
4. Modes of responsibility, with specific reference to commission and co-perpetration;
5. Cumulative charging and plurality of offences.
Indeed, under Article 2 of the STL Statute, the Tribunal shall apply the relevant provisions of the Lebanese Criminal Code relating to acts of terrorism and other crimes under the STL jurisdiction.
In particular, pursuant to Article 314 of the LCC, “The term ‘acts of terrorism’ includes all acts that are intended to cause a state of alarm and have been committed by means such as explosive devices, inflammable substances, toxic or corrosive products or infectious or microbial agents that are liable to pose a public threat.”
Lebanon, Scheduling Order, Case No. STL-11-01/I, President of the Tribunal, 21 January 2011.