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Request for the establishment of a mixed or internationalized Yemeni Criminal Tribunal for the Nahdain mosque criminal offence.


Justifications and reasons the request of the establishment of a mixed or internationalized Yemeni Criminal Tribunal for the Nahdain mosque criminal offence.

The word of the President of the Republic of Yemen that was broadcast by most media stations on Thursday 7 | 7 | 2011 m explicitly accuse forces of terrorism and extremism and those associated with them being behind the dastardly terrorist attack incident at the Nahdain mosque assassination attempt while he and his staff are performing Friday prayers 3 | 6 | 2011 m inside the mosque at the presidential House in sana’a, a crime in which thirteen people were killed and more than 200 wounded and injured, and this means that a terrorist offence affecting international peace and security and threatened international peace and security and thus It requires a Yemeni Criminal Court "mixed" with the UN Security Council resolution and the United Nations, which must be subject to equal reciprocity in terrorist offences of similar precedent — and even less harmful and dangerous-and the latest was the formation of the UN Security Council for the Special Criminal Court in Lebanon for the assassination of President Rafic Hariri in Lebanon under Security Council resolution 1595 on April 17, 2005, in addition to twenty-two others as a terrorist offence which threaten international peace and security.

It should be noted that the International Law Commission of the UN Security Council had defined a terrorist act as /'a work which represents a serious and systematic assault on international peace and security’\.
Also, in the same context, the United Nations General Assembly has defined the international terrorism as /'criminal acts attended and committed for political purposes or to create a State of fear and panic among the population or a group of persons or in the minds of a number of individuals, resulting in a threat to international peace and security’\. There are also many international resolutions issued by both bodies: the Security Council, the United Nations General Assembly, which defines the crime of international terrorism, and condemns the terrorist act is criminal and unjustifiable, regardless of where the offence or the identity of the authors or contributors.

One of the most important decisions made by the Security Council: resolution No. 1373 of 28 September 2001-after the events of 11 September 2001 - identified terrorist crime as /'every criminal act committed against civilians to kill or inflict serious bodily injury, or taking of hostages, or to intimidate a group of people'\.

For our part, we do not doubt the validity of the legal characterization that the President of the Republic of Yemen went by in the televised speech that this heinous crime is considered of international terrorism, treacherously murder attempted of senior leadership for Yemeni State headed by the President and most of his State, and political figures of the of national and international weight, and claimed the lives of many of his companions and his bodyguards. There is no doubt that this crime was committed for political purposes that reflected the personality of the victim and their elements of wisdom, and committed inside a mosque during prayer , and under the conditions and circumstances of national and regional it is mostly political conditions and armed rebellion.

However, we must point in the same context that the Security Council, although it has broad authority in taking decision under Chapter VII of the Charter, yet the establishment of a Tribunal of Yemeni national and international nature, in order to uncover the circumstances of the incident as a terrorist assault on the Nahdain mosque, which is traditionally in the United Nations body from the 1990s to establish such tribunals, whether international constitutional or hybrid or with international nature.

* Why we ask for the creation of a mixed or internationalized Yemeni Criminal Tribunal, for the terrorist criminal offence at the Nahdain mosque?
Obviously cannot address the legal basis for the establishment of the Yemeni Criminal Court of an international character, but after that we deal with what justification and advantages of international criminal justice system, which has become mixed judicial mechanism developed by the United Nations Organization since the 1990s.

The cradle of creation of the Special Tribunal in Lebanon assassination of President Rafic Hariri in Lebanon under Security Council resolution 1595 on April 17, 2005, and also two International Criminal Court tribunals were created for Yugoslavia and Rwanda, at the beginning of the 1990s to , as well as the establishment of up-to-date judicial systems blend between judicial systems: national and international level, namely those systems known as the mixed or internationalized national criminal courts .

Often, different reasons which justify the establishment of such courts. The national judicial system fails completely, and could collapse as a result of civil strife or internal chaos. In other cases, the national judicial system does not collapse. However, judges themselves cannot deliver justice effectively as a result of unrest and religious rebellions or tribal or military, especially when international terrorism crimes on the basis of ethnic or religious backgrounds or tribal as in the assassination of the President and their own leadership as in the Nahdain mosque circumstances.

As for important Justification which embodies the importance of the need for such a style of novel, it is eliminated while radiating elements and evidence of crime in more than one State. Here, the prosecution in national courts needed cooperation from one or several foreign States, to meet the evidence or extradition of offenders who are not nationals of the State where the crime was committed, or the appearance of witnesses before national judicial organs.

Needless to say, of the main advantages of this type of hybrid courts, they are trying to eliminate the culture of impunity, be it due to national regulations either granted amnesty for perpetrators of international crimes, or unable or unwilling to prosecute these criminals, as well as to neighboring countries refuse to enforce justice towards them.

In many cases, lack of independence of national courts is proven. In other cases also, it is impossible for those national courts to move criminal proceedings in cases involving tribal or religious figures or official in certain crimes, notably for political crimes.

And therefore the auspices of the joint of hybrid tribunals operate under the United Nations and the State concerned. It is an attempt to combine the benefits of national proceedings, such as geographical proximity and psychological to victims, and the positive impact of local State enterprises with the benefits of international engagement as resources and staff and security.



The cost of the establishment of these courts is much less than the international criminal tribunals, the cost of the budget of the Special Court for Sierra Leone five annual budget of the International Criminal Court. These courts also received direct support from national legal systems.

And hybrid tribunals are inherently harmonizing international and national laws in order to reach the truth and justice in a particular case. These courts were established by agreement between the State concerned and the United Nations body, and may arise in exceptional cases by decision of the Security Council.

And the practical application of this type of hybrid tribunals is the special Lebanese Criminal Court with international nature in particular, although it’s considered the first in the Middle East and Arab region, of course, it wasn't for the rest of the word. As The United Nations had established before the Special Court for Sierra Leone, which is an extension of the judicial system of Sierra Leone, and the judiciary on East Timor, which is also an extension of the domestic judicial system, and also the Kosovo courts, and the extraordinary chambers in Cambodia.