The flags of UNIFIL and Ireland fly at half-mast in front of the HQ of the UN force in Naqoura last December. (Credit: Mahmoud Zayyat/AFP)
The military court issued a Thursday indictment of five people, linked to Hezbollah, who are accused of the intentional killing of an Irish peacekeeper in December.
The five suspects “formed a criminal gang and implemented a criminal plan,” according to the indictment, which stresses that the actions of the detainee Mohammad Ayad, as well as four other fugitives, are punishable by death under the Lebanese Penal Code.
The case dates back to Dec. 14, 2022, when a young Irish soldier, Sean Rooney, 23, was killed and three others were injured after suspects opened fire at their vehicle near the village of al-Aqbiya in southern Lebanon, a Hezbollah stronghold.
Rooney, who was driving, was reportedly killed by a bullet to the head.
After denying any involvement in the attack, Hezbollah eventually handed Mohammad Ayad, the main suspect, over to the authorities.
Hezbollah’s decision to hand over Ayad could be explained by the fact that the preliminary investigation was confined to the Lebanese Army.
Ayad is currently in the custody of the Lebanese authorities. The four others facing charges — Hussein Salman, Ali Salman, Mustafa Salman and Ali Khalifeh — remain at large.
Judge Fadi Sawwan, the investigative judge at the military court, oversaw the judicial investigation and issued the indictment.
Hezbollah declined to comment on the indictment news.
“We won’t say anything for the moment,” party spokesman Mohammad Afif Naboulsi told L’Orien-Le Jour.
Meanwhile, UNIFIL spokesperson Andrea Tenenti said the indictment was an “important step towards justice.”
“Attacks on men and women serving the cause of peace are serious crimes and can never be tolerated,” Tenenti told the Associated Press.
Time for pragmatism
“The decision may or may not be validated by the court,” said Nizar Abdel Kader, a retired army general and military strategist.
Abdel Kader cited precedents where “certain cases were drowned out along the way.”
“The [military] court is not known for having its hands completely free from political interference, particularly on the part of [Amal and Hezbollah],” he added.
“The military court is influenced by various political currents, including the Free Patriotic Movement’s presence in the prosecutor’s office, the Progressive Socialist Party to some extent, and Hezbollah, which holds influence over the [court’s] presidency,” a legal expert told L’Orient-Le Jour on condition of anonymity.
The ultimate decision rests with the court’s president, an army officer who is supported by General Security officers and other entities. The court president does not often hold a law degree, according to the legal expert.
For Legal Agenda, which has long criticized this special court’s procedures and its lack of independence, the indictment remains a commendable first step.
“This is a very positive decision and particularly important for Lebanon’s image, especially since the case involves foreign soldiers,” said Nizar Saghieh, the head of Legal Agenda.
The decision text has not yet been made public in its entirety.
“But beyond this decision, our position of principle with regard to this court has not changed,” said Saghieh. “We believe that the conditions for a fair trial have not been met. Not to mention the political interference and pressure.”
For Abdel Kader, the decision serves as a means to restore the reputation of the Lebanese state. However, he emphasizes that it is important to wait for the final verdict.
“Rafik Hariri’s murderers are still at large. Will the authorities shirk their duty again this time?” Abdel Kader added.
To date, the three Hezbollah-linked individuals who were convicted by the Special Tribunal for Lebanon for the assassination of former Prime Minister Rafik Hariri remain at large, as the party has refused to hand them over to the courts.
This article was originally published in French in L'Orient-Le Jour. Translation by Sahar Ghoussoub.