Beirut port explosion: Who has the power to try?

The Beirut port blast investigation has moved closer to a long-awaited judicial reckoning, after the prosecutor at Lebanon's Court of Cassation submitted his legal review to investigating Judge Tarek Bitar, setting out the alleged responsibilities of more than 70 people, including senior political, security and military officials.

The 270-page submission, handed to Bitar on Tuesday morning, is not binding on the investigating judge, who retains the authority to issue the final indictment.

Among its requests, the Public Prosecutor at the Court of Cassation, Mohammad Saab, called on Bitar to charge former President Michel Aoun over the Aug. 4, 2020 Beirut port explosion, according to a judicial source cited by AFP.

The source said the request was based on allegations that Aoun “had prior knowledge of the presence of ammonium nitrate at the port and its danger, without taking the necessary measures” or referring the matter to the country’s Higher Defense Council.

Who has authority?

The issue of jurisdiction is central to the case, particularly when it comes to senior political officials.

Lawyer Youssef Lahoud, member of the Beirut Bar Association’s Office of Public Prosecution, told The Beiruter

The Parliament is the sole authority competent to impeach the President of the Republic, whether current or former, while the Supreme Council for the Trial of Presidents and Ministers is the sole authority competent to try the President. 

He said prime ministers and ministers may be prosecuted and tried before the ordinary courts.

Lahoud noted that

The jurisdiction of the investigating judge, and subsequently that of the Judicial Council, to prosecute, charge and try prime ministers and ministers is legally valid and beyond dispute. It does not conflict with or encroach upon the jurisdiction of the Supreme Council for the Trial of Presidents and Ministers.

“In the Beirut port explosion case, the Supreme Council for the Trial of Presidents and Ministers has no jurisdiction except with regard to presidents of the Republic, should Parliament impeach any of them,” he said.

The review

Saab’s submission sets out the alleged responsibilities of more than 70 defendants, including current and former politicians, security and military officials, and civil servants. Some had previously been charged by Bitar.

According to information, the review addressed the importation of the ammonium nitrate, and those responsible for securing and protecting it. It also examined the individuals against whom arrest warrants were issued and the evidence collected in the case.

The submission also addressed questions of jurisdiction, including which judicial authority has the power to prosecute and try politicians and judges.

This issue had previously been at the center of a dispute between Bitar and former Public Prosecutor at the Court of Cassation Ghassan Oueidat, who had challenged Bitar’s authority to continue investigating the case and, in 2023, took over the investigation himself after declaring Bitar’s role terminated. Bitar rejected Oueidat’s intervention and continued to consider himself in charge of the investigation.

The legal submission attributed criminal liability to former Minister of Public Works and Transport Ghazi Zeaiter, MP and former Finance Minister Ali Hassan Khalil, MP and former Minister of Public Works and Transport Youssef Fenianos, and former Prime Ministers Hassan Diab and Tammam Salam. Zeaiter and Khalil are affiliated with the Amal Movement, while Fenianos is a senior figure in the Marada Movement.

On the road to justice

Bitar is not bound by Saab’s legal assessment and retains full discretion over the final indictment. The prosecutor’s submission can set out requests and legal assessments, but the decision to issue charges remains with the investigating judge.

Judge Bitar concluded his investigation on March 30 and subsequently referred his investigative report to the Court of Cassation so that the Public Prosecution could set out its legal position on the case. With Saab’s submission now in his hands, Bitar can move toward issuing the indictment which is expected no later than end of year.

The August 4, 2020, blast, one of the largest non-nuclear explosions in history, devastated large parts of Beirut, killing more than 235 people and wounding about 6,500. A fire at a port warehouse ignited hundreds of tons of improperly stored ammonium nitrate, despite repeated warnings to senior officials, who face accusations of negligence.

The countdown has begun. Those entrusted with positions of responsibility must now confront the weight of their duties and answer for their actions. Reactions are expected, and those who are charged or accused will likely challenge the indictment and contest their alleged responsibility. What remains is the hope that those entrusted with public responsibility will recognize the weight of their role and answer for their part in what happened.