Geopolitics,insecurity and neocolonial exceptionalism: A critical appraisal of the UN Special Tribunal for Lebanon

Abstract

The UN Special Tribunal for Lebanon (STL), which was set up through UN Security Council Resolution 1757 to investigate, indict and prosecute those responsible for the 2005 assassination of former Lebanese prime minister Rafik al-Hariri, is advancing a series of regional and global geopolitical interests. We focus on the structure of the tribunal and its exceptional nature within international law, examining the extent to which the STL’s so-called unique features and the process through which it emerged expose its role in representing the interests of regional and global geopolitical actors, effectively internationalizing both the prosecution of the assassination and the issue of Hezbollah’s disarmament within the discourse of the ‘war on terror’. We also take up the question of Lebanese sovereignty and the extent to which the STL shifts between challenging and altogether disregarding this issue in a manner not unusual in the context of historical trends within international law justifying the colonial tendencies of great powers. We contextualize the STL within broader trajectories in international law, with specific reference to Carl Schmitt’s ‘challenge of imperial conquest and land acquisition’, such as exceptionalism and the colonial genealogy of international law. We then discuss the extent to which the STL enunciates the geopolitical interests of powerful regional and global actors, unpacking the so-called unique features of the STL that reflect its exceptional character. Throughout our analysis, we argue that the STL and its manifestation of contemporary discourses of insecurity play a highly significant role in the international disregard for Lebanese sovereignty and the delegitimization of most domestic political actors, including Hezbollah.