The Higher Judicial Council

The Higher Judicial Council

The Lebanese people have understandably demanded a credible investigation seeking nothing less than the ‘truth’ behind this dreadful explosion. Nevertheless, and as with most other Lebanese matters, the investigation proceedings have so far started with political wrangling over which judicial body had jurisdiction to look into the explosion file and over the nomination of a lead investigator.

The Lebanese government, just before tending its resignation a few days ago, had referred the file of the ‘Beirut Port Explosion’ to the Higher Judicial Council in pursuance of the provisions of Article 355 of the Lebanese Penal Procedure Law.

The Higher Judicial Council is an exceptional court having exclusive jurisdiction over the crimes mentioned under Article 356 of the Lebanese Penal Procedure Law including crimes committed against public safety and security, and crimes related to the breach of job’s duties and abuse of powers.

The investigations have been launched to determine the direct cause of the blast and who is responsible for unsafely storing this large cache of Ammonium Nitrate in the middle of the Lebanese capital, and risking the lives and safety of capital residents for the last six years.

The Higher Judicial Council will now consider the criminal liability of the governmental officials in this regard.

Importantly, the Republic of Lebanon should be held liable for damages caused by acts or omissions committed by its officials in the course of their public duties. Seeing as the explosion is likely connected to the negligent, unsafe, and potentially illegal storage of Ammonium Nitrate in a warehouse in the Port by governmental officials, the Republic of Lebanon should be then responsible towards the victims of the explosion and will have to compensate them.

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