Responding to cooperation problems at the STL

Under the Special Tribunal for Lebanon's (STL) legal framework only one state — Lebanon — is obligated to cooperate with the STL. Suspects have not been arrested, and it remains uncertain whether other cooperation obligations will be fulfilled when the first trial begins. This chapter examines possible solutions to cooperation difficulties. It considers whether two alternative routes bypassing the defective STL cooperation regime can ‘repair’ cooperation problems, in particular whether other sources of international law, especially those related to combating terrorism, could be used as additional sources of law, obliging states other than Lebanon to cooperate with the STL. It explores whether the STL could itself perform investigative acts in the territory of states. Finally, it examines whether the STL may encounter a situation where a lack of cooperation impedes its functioning to the extent that measures such as staying proceedings or even withdrawing the indictment may become necessary.