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April 2, 2016
Why is Lebanon holding Hannibal Gaddafi hostage?
By Franklin P. Lamb
At some point Lebanon will have to dismantle its sectarian system which paralyses it and corrupts its government. But the problem remains that the current corrupt system here enriches precisely those whose leadership for reform has been required.
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Why is Lebanon holding Hannibal Gaddafi hostage?
Franklin Lamb
Beirut
As of this week, following his arrest on December 15, 2015, Hannibal Gaddafi, one of seven children of Moammar Gaddafi and his Widow Safia Farkash, has spent, without a scintilla of evidence that he violated any Lebanese law, nearly 16 weeks wrongly incarcerated in a Beirut jail.
Mr. Gaddafi is being held for one reason only. A botched attempt by certain politicians here to exact a $ 200,000,000 ransom before releasing Hannibal Gaddafi was made between Lebanese politician Nabih Berri and the illegal Tripoli government ( اÙ?اÙ?Ù?اdegrees اÙ?Ù?Ø·Ù?Ù?) , which is not recognized by the UN and which has been recently replaced
Lebanon's court appears not to be quite sure how to end this charade. The demand for the 200 million dollar ransom is not being made by the government of Lebanon nor by the Lebanese judiciary, but rather by a Lebanese politician (s) with the political power to corrupt Lebanon's judiciary, Lebanon's government and Lebanon's constitution.
The $ 200 million dollar scheme imploded recently when it was revealed to the international public weeks ago by Hannibal's lawyer, Ms. Bouchra Khalil. The lawyer's revelations of the scheme put the kibosh on the ransom demand for freeing Gaddafi. The Tripoli coalition government continues to reject the extortion plan despite pressure from certain Lebanese politicians to pay up.
Given that Hannibal has committed no crime, but rather that he himself is the victim of a brutal pistol whipping, torture, as well as kidnapping and extortion crimes, according to Hannibal's lawyer and Lebanon's judiciary, by the sons of Sheik Mohammad Yaacoub, who along with Imam Musa Sadr disappeared in Tripoli Libya on August 31, 1978, Lebanon's judiciary is in an awkward spot.
They realize that they are illegally holding an innocent man under the false pretense that he is "withholding information" of an event that occurred when he was two years old and who has testified repeatedly in court that all he ever heard about the Musa Sadr case growing up, and which was not much, came from his big brother, Seif al Islam, now being held in Zintan, Libya by a militia.
Needless to say, Lebanon's judiciary, which is frequently accused of being compromised by the sectarian poison that has all but destroyed this "country," and particularly the presiding judge, are embarrassed and under increasing pressure from local and global human rights groups to end the Hannibal Gaddafi charade and release him. Hannibal's release is also being demanded by the government of Syria which granted Hannibal political asylum some 14 months ago and which is legally bound to offer him protection. Both Amnesty International and Human Rights Watch have criticized his unlawful detention.
The Gaddafi case has also caused tension between the Government of Syria and Lebanon's Amal Militia, headed by Speaker of Parliament, Nabih Berri, who according to Hannibal's lawyer hatched the ransom project which got messed up by Hasan Yaacoub organizing Hannibal's kidnapping and who has long harbored plans to secede Berri as Amal leader, given the latter's age and health problems.
Out of sympathy for Imtithal, the widow of Iman Musa Sadr's companion, Sheik Yaacoub and concern for her failing health which has been exacerbated by the arrest of her sons, the Lebanese judiciary has decided to grant bail to Hasan's older brother Hussein. It has also decided not to arrest his younger brother Ali who according to Hannibal and his lawyer was the brother who severely beat Hannibal's face with a pistol. The presiding judge is also thought to be sensitive to loosing the public's support in this case if the three son's mother is seen as being unnecessarily pressured by all her sons being jailed.
Hannibal has been living in Damascus for more than a year and wants to return until he can go back to Libya, as some political observers in Libya and elsewhere believe that Seif al Islam, and his sister, Aisha, a human rights lawyer and former UN Goodwill Ambassador, will return to Libya and enter politics as the political reformers they were known to be before NATO crushed the country creating the mayhem we observe today. Support inside Libya and regionally for both Gaddafi children to return is growing according to Libyan tribal leaders, the French government, and others.
Hannibal's lawyer has filed a motion for the presiding judge, who is a Shia Muslim as is she, and most of those involved in the ransom scheme, to recuse himself given the growing perception in some quarters that 'Shia pressure" may compromise the Judge's objectivity so it's better that he excuse himself and prevent a possible conflict of interest or perception of lack of impartiality.
Lebanon's judges by and large are reputed to be honest but what weakens the legal system here is the same poisonous sectarianism that has deeply corrupted much of Lebanon. Virulent political sectarianism is the main reason that Lebanon has in many ways never been a real country, in not now, and perhaps never will be unless a solution can be found among this country's 18 sects to create a real democracy. Given the sects inability for even agree on a president the past nearly two years is not encouraging.
Despite the continuing illegal and outrageous detention of Hannibal Gaddafi, a political not a judicial solution is at hand.
It will likely unfold something like this. Hannibal will be released soon since the $ 200 million is not coming this way and the kidnapping scheme has been exposed. He will be free to return to Syria.
As for the kidnappers and torturers, they too will likely have their cases dismissed on sectarian political, not judicial grounds, and they will be released.
Hannibal's lawsuit against Ali Yaacoub, the brother of ex-MP Hasan Yaacoub, ,who is accused of abducting him, and Ali Yaacoub's lawsuit against him and his lawyer Bouchra Khalil and the lawsuit by the Imam Sadr family and the family of the second companion of Imam Musa Sadr, Journalist Abbas Badreddin, who also disappeared, will all be dismissed.
At some point Lebanon will have to dismantle its sectarian system which paralyses it and corrupts its government. But the problem remains that the current corrupt system here enriches precisely those whose leadership for reform has been required.
At some point Lebanon's youth will surely rise up and with their fed up countrymen throw out the former "warlords" who have granted themselves amnesty from prosecution for civil war crimes and then anointed themselves as "political lords." When this will happen is anyone's guess but pressure here is building for major and long overdue reform.
Since 2013, Professor Franklin P. Lamb has traveled extensively throughout Syria. His primary focus has been to document, photograph, research and hopefully help preserve the vast and irreplaceable archaeological sites and artifacts in Syria.
Like Iraq, Syria is the cradle of civilization, and as such it has been a rich source of our shared global culture and historic heritage. Already endangered from illegal excavation, looting, international trafficking and iconoclasm; the theft and destruction of these sites has greatly increased as a result of the conflict in the Middle East.
Many of the endangered archeological sites and artifacts are over 7,000 years old. The oldest remains found in Syria are from the Paleolithic era (c. 800,000 BCE). The most endangered artifacts and archaeological sites currently are in Tell Halaf, the north of Syria near the Turkish border with Syria. These archaeological sites date as far back as 5,500 BCE. They include archeological sites and artifacts of the Babylonian, Sumerian, Egyptian, Assyrian, Phoenician, Aramaic, Greek, Roman, Byzantine, Umayyad, Ayyubid and Ottoman civilizations and empires.
Professor Franklin Lamb has also been working, sometimes under dangerous circumstances, to record and photograph the war damage done to religious icons, images, monuments, and ancient structures that span pre-Roman civilizations, and structures such as Islamic mosques, Christian churches and Jewish synagogues.
Professor Lamb is working tirelessly to record and photograph these sites and artifacts because they are in danger of complete destruction for religious, political and illegal trafficking reasons, especially due to the ongoing wars in the Middle East.
Professor Franklin Lamb's website and his latest book, "Syria's Endangered Heritage, an International Responsibility to Preserve and Protect" presents exclusive and never published before photographs, records, data, articles, and interviews from across the whole of Syria. His book can be purchased at his website http://www.syrian-heritage.com/.
In addition to Dr. Lamb's urgent archaeological work he is also deeply committed to rescuing and aiding refugee children in Syria. He is a volunteer with the Lebanon, France, and USA based "Meals for Syrian Refugee Children, Lebanon (MSRCL)", which seeks to provide hot nutritional meals to Syrian and other refugee children.
Lamb says that the goal of MSRCL is to be able to provide one meal a day to 500 children. More donors are needed in order for him to reach that goal. At $2.25 per meal x 500 children per day ($1,225), the budget for a month (30 days) requires approximately $36,000. Over 95% of each donation goes directly towards the cost of each meal. The MSCRL volunteer teams give their time, energy and even their own money to help the refugee children so that they will not become part of the "lost generation" of Syria.
Lamb's books and publications include "Pollution as a Problem of International Law"; "International Legal Responsibility for the Sabra Shatila Massacre"; "Israel's 1982 War in Lebanon: Eyewitness Chronicles of the Invasion and Occupation", "The Price We Pay: A Quarter Century of Israel's Use of American Weapons against Civilians in Lebanon in addition to the three volume set, "Palestine, Lebanon & Syria Palestine, Lebanon & Syria (Commentary and Analysis 2006-2016)." Due out during Fall 2016, in English and Arabic, is "The Case for Palestinian Civil Rights in Lebanon: Why the Resistance Sleeps."
Dr. Lamb's most recent book is "Syria's Endangered Heritage: An International Responsibility to Preserve and Protect". www.Syrian-heritage.com
Lamb's Academic Credentials include: BA, and Law Degrees from Boston University, Master of Law (LLM) Master of Philosophy and Doctor of Philosophy from the London School of Economics (LSE); Diploma in International Air & Space Law from the University College of London; Post-Doctoral Studies at Harvard University Law School of East Asian Legal Studies Center, specializing in Chinese Law; International Legal Studies at Cambridge University in the United Kingdom; Studied Public International Law at The Hague Academy of international Law, at the International Court of Justice, in The Hague, Netherlands.
Lamb's Professional and Political Activities include Assistant Professor of International Law, Northwestern College of Law, Portland, Oregon and Assistant Counsel to the US House of Representatives Judiciary Committee, During the Administration of President Jimmy Carter, Lamb was elected for a four year term to the Democratic National Committee, representing the state of Oregon. Lamb served on the Democratic National Committee Judicial Council with California Congresswoman Nancy Pelosi as well as the Platform Committee on East-West Relations. Professor Lamb served on the presidential campaign staff for Presidential Candidate Edward M. Kennedy of Massachusetts.