Calls for Human Rights Council to Establish Independent Investigation into Deadly Beirut Explosion
Image courtesy of Rashid Khreiss via Unsplash
On January 25, 2023, Lebanon’s general prosecutor, Oweidat, released all 13 suspects who were detained for their role in the Beirut explosion over two and half years ago. The release of the suspects follows a legal and political debate in Lebanon regarding the potential replacement of the lead investigator, Judge Bitar, by fellow intelligence officers and political leaders. Judge Bitar is a Lebanese judge who was tasked with investigating the deadly Beirut blast that occurred in 2020 and locating the parties responsible for the detonation. With over 162 Lebanese and International Groups calling on the United Nations Human Rights Council to intervene and establish an independent investigation, it is vital as ever to find those responsible for this tragedy.
On August 4, 2020, Beirut was devastated by an explosion that killed at least 220 people and wounded over 7,000. It is considered one of the largest non-nuclear explosions in global history, causing over 4.6 billion dollars in material damage and devastating the city. The blast originated in a port warehouse with a large quantity of ammonium nitrate. In 2013, a Moldovan ship named Rhosus carrying ammonium nitrate entered the Lebanese port. The cargo was offloaded in hangar 12 of the Beirut port and was stored there for seven years before a fire triggered its explosion. It is still unclear as to what the intended use of the ammonium nitrate was and if Beirut was the final location or if it was meant to go to Mozambique according to the Rhosus shipping documents. The blast is tied to several foreign-owned companies and senior Lebanese officials, as there is evidence that multiple Lebanese authorities including the Ministry of Finance and of Transportation “foresaw the death that the ammonium nitrate’s presence in the port could result in and tacitly accepted [that] risk.” It remains unclear the true intent of storing the explosives, but there is evidence that demonstrates senior officials knew the risks this operation entailed without taking the necessary safety precautions to secure the material. The lack of precautions not only speaks to the mismanagement of the port itself but also to the corrupt nature of the government and the failure of not moving the ammonium nitrate for multiple years.
The investigation is resurfacing in international news, with Lebanese authorities currently obstructing the domestic investigation by shielding politicians and other intelligence officers from taking legal accountibility for the explosion. To illustrate, Fadi Sawan was the first lead judge on this investigation and was removed from the case with no explanation in 2021 after charging Lebanese Politician Ghazi Zaitar and another foreign minister. Judge Fadi Sawan was then replaced by Judge Bitar, who is in control of the investigation today. However, lead prosecutor Oweidat who is appointed by the state and other corrupt politicians are calling for his replacement after Judge Bitar charged and summoned eleven senior Lebanese leaders for an interrogation about their responsibility in the explosion. These potential suspects include Ghassan Oweidat, lead prosecutor, Abbas Ibrahim, the Director General of Security, and additional intelligence officers who were knowledgeable of the explosive’s location. However, charges against these officials were not upheld and were immediately dismissed before any interrogation took place. It is evident that the Lebanese legal system is not providing a fair ground to properly prosecute individuals for their role in the explosion. Judge Bitar responded to the situation and claimed that his replacement would be a “constitutional breach” of the separation of the powers within the Lebanese judicial system.
The resistance on behalf of the judicial sector to follow through with the lead judge’s orders raises questions about the fairness of the Lebanese judicial system. In particular, it questions if the investigation aims to find the people responsible for the explosion or if it is an attempt to conceal the identity of the individuals involved. Additionally calling for Judge Bitar’s replacement, Prosecutor Oweidat also released all detainees involved in the Beirut blast and claimed it was a way to speed up the investigation despite stalling it for over two years. There is also a lack of order with the execution of these orders and one can even claim that Judge Bitar has no substantial authority since his orders are not respected nor executed, despite being the lead investigator. Judge Bitar did responded to the release of the detainees claiming that it was a “coup of the law.” While Judge Bitar is attempting to carry out an investigation, Prosecutor Oweidat is doing everything in his power to not only replace Bitar but remove all evidence that has been accumulated thus far. Both of these individuals are making drastic legal decisions that are in direct opposition to each other, resulting in a further delayed response to the investigation.
Victims were promised a swift investigation but were instead met with an investigation that has been stalled for over two years. One that has a lack of international support financially but also in an administrative sense. It has become clear that it is a necessity for international organizations to hold the Lebanese judicial system accountable and that the human rights violations would not be overlooked. Amnesty International, Human Rights Watch, and other international organizations have publicly documented the flaws in the Lebanese-directed investigation, including political interference, immunity for high-level politicians, and lack of respect for fair trial standards. These flaws are also being recognized by individuals from many nations who are claiming that the “world has done nothing,” referencing the United Nations and the lack of an international investigation.
The Human Rights Council expressed its need to establish an independent investigation into the blast to find the parties responsible. However, there is no substantial investigation going on at the moment. The victims of the explosion urge state officials to take accountability for their role in the event to provide them with the justice they deserve. If the investigation continues to have no solution, Lama Fakih who is the Middle East Director and the Human Rights Watch claims that it will further “undermine stability and the rule of law” in Lebanon which is already grappling with instability and social unrest. It is important to note that by beginning an international investigation, the government can also be held accountable for explaining why affected areas are still in ruins since the explosion and why reconstruction funds have only just begun reaching beneficiaries. These reconstruction funds derive from a variety of international donations whose donors are keenly interested in understanding why the money is not being used for its intended purpose.
The investigation has come to demonstrate the systemic problems that exist in both the Lebanese judicial system but also the widespread corruption that has come to exist in the government. The explosion did not only impact Lebanese citizens at the moment but has had a long term effect on their access to electricity and food since the port is considered the main entry point for food importation. Their inability to conduct an investigation with an objective lens signifies that both Lebanese citizens but other organizations view Lebanon as a “failed state.” Specifically, failed state in terms of having a government that its own citizens do not see as legitimate and one that is undermined within the international community. Something must be done to ensure that everyone is held accountable for such a devastating tragedy. Considering both international organizations and individuals from all over the world have repeatedly stated the flaws within the investigation itself but also the corrupt nature of the Lebanese Judicial system. How is there supposed to be a fair investigation if the environment in which it is being held is characterized by the opposite? Finding who is responsible for this blast not only represents a form of relief for the lives that were lost and injured but also would confirm that no one is above the law.
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