The Lebanese judiciary, victim of corruption
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Even prior to the declaration of its independence, regardless of all complications and tensions overcasting the middle east, Lebanon's local conflicts, in majority a result of the enormous religious diversity this nation houses, a diversity that has fissured the country to its core, these fissures growing deeper and tearing the society apart with every minute of broad daylight.
The law is one of the essential, even sacred pillars on which a society is built, therefore establishing the norms and principles of Justice as well as the rule of Law is inevitable.
And so emerged the Judiciary, also known as the Judicial system, following the birth of the "Separation of Powers”, a doctrine of constitutional Law under which three branches of government are kept separated.
The Judiciary of a nation is the main guardian of human rights, as courts play the major role in ensuring that victims of rights violations are protected against the acts of perpetrators, who are brought to justice as well as the check and balance of the other branches of government.
The Universal declarations and treaties, following the French Revolution to the Human Rights Declaration of 1948, highlighted the essence of a Judicial body, its independence. Which serves as a safeguard for the rights provided by the constitution. In addition, it prevents the encroachment and invasion of the legislative and executive authorities upon those rights and the Judiciary itself.
It serves as a foundation of democracy and sustains a rock-solid barrier that allows the impartial judicial body of fulfilling its crucial role. As the absence of an impartial and independent judicial authority doesn't only compromise the judges, blindsiding them as they accomplish their duties but also puts the rights and freedom of citizens in jeopardy and renders them vulnerable to violations committed by the other branches of government.
The Lebanese constitution expresses under its 20th article the necessity of an independent judiciary in order to insure justice as well as the protection of Human Rights, and the insurance of balance between Judicial, Legislative and Executive authorities and so forbidding the obstruction of the judiciary's mission as well as any abuse of power attempt of any of the authorities.
And so it's crystal clear that the Lebanese constitution reflects the overall content of several universal pacts and declarations.
Furthermore, we underline the fact that the Lebanese constitution affirms through the 2nd article of its preamble that Lebanon "is a founding and active member of the United Nations and abides by its convenants and by the universal declaration of human rights. The state shall embody thee principles in all fields and areas without exceptions “.
Although, the obscuring truth is that the justice system in Lebanon is the victim of the corrupt and insolent "fraternity" of power hungry bottom feeding men and women that form the legislative and executive authorities, that have been piercing and violating the sacred boundaries carved by the national constitution.
So we conclude that the issue doesn't consist of a corrupt judicial body but it goes deeper beneath the surface. The judiciary is but a victim of the abuse committed by the two other branches of government. Politicians seed the soil of the judiciary with candidates of their choice only to manipulate them afterwards to cover up their unconstitutional actions knowing well that their servants won’t bite the hand that feeds them.
Doing so they have muzzled their biggest threat and vulnerability, a judicial system based in its origin and codes on the French laws and legislations, children of the great French revolution, a pillar of the human rights community.
Tainted by religious, political and ideological factors, the Lebanese judiciary's credibility value has harshly decreased in the eyes of the United Nations which in result has officially considered and labeled the Judicial system in Lebanon absolutely unable of making an impartial decision, incapable of giving an unbiased judgement or ruling.
The biggest thorn in Lebanon's side is the acute geopolitical tension and the conflicts it ignites. This makes the Lebanese territory a battlefield for regional clashes, which in the process aggravates the local tension and paves the way for corruption and chaos among political inter-relations, thus condensing power in the hands of the legislative and executive authorities in order that the greater International giants get to keep the crown and the throne in the most strategic position in middle east.
Therefore, the most ominous threat facing the judiciary's independence is the pressure exerted by the other two branches of government. Evidence of which stands in the many judges that have thrived to conduct their work properly and whenever coming close to any evidence that might lead to exposing any of these politicians, that particular judge would be dismissed for judicial misconduct based on an uncompelling reason, and regardless they make of it a legitimate cause for dismissal.
This is not only interference with the job of an officer of the court preventing the fulfillment of the duties he swore to achieve, nor just an abuse of power but also an undisputable violation of the constitutional text, the basis of the democratic society and the most sacred and highest ranking law in a nation (according to the Kelsen pyramid of hierarchy).
The most compelling and recent example is showcased in the devastating destruction of the Port of Beirut and its surrounding area, causing the death of more than 200 individuals due to the explosion of stored Ammonium Nitrate in the dock warehouse, on the 4th of August 2020.
What happened on that day is but one of the numerous results of what depriving a country of an impartial independent judiciary has cost Lebanon. Since the Judicial as well as the other two authorities were notified about the unsafe storage of this illegal material, and evidence of that knowledge is present in the public record. Despite that, the judiciary was shackled and denied of taking any action.
Democracy is embodied by an independent, self-oriented and unbiased judicial body, bound by the law and nothing but the law, as an "impartial judiciary" doesn't mean judges free and liberated from laws they swore to uphold.
The judiciary declares and judges "In the name of the people”, and the essence of democracy is the will of the people. Therefore, their rights and their voice will be but a prey for tyrants if not shielded by an impartial and virtuous judiciary.
As there is no way on god's green earth that an equal justice under the law could prevail if the oath taken by our judges isn't respected.
The judicial system in Lebanon isn't corrupt, it is the bedrock of our democracy, a victim of ideological blindness and corrupt tyrants.
We must endeavor to protect and have faith in it, as our rights shall perish and with them our society if we don't fight for our justice system's independence.
Because as George Orwell states: " Political language is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind “. And so, Lebanon's only path out of this distorted era is through a virtuous independent judicial system.








الأكثر قراءة

كتاب النهار 11/3/2025 5:40:00 AM
يكفي الفلسطينيين إساءة الى لبنان الذي حضنهم، وإساءة الى اللبنانيين على مختالف فئاتهم ومكوناتهم
ثقافة 11/2/2025 10:46:00 AM
"والدي هو السبب في اكتشاف المقبرة، وكان عمره وقتها 12 عاماً فقط سنة 1922."
النهار تتحقق 11/3/2025 10:29:00 AM
تظهر المشاهد الرئيس عون في قاعة كبيرة، وسط أشخاص. وفي المزاعم، "كان يزور "معرض أرضي" في الضاحية". هل هذا صحيح؟ 
وُلدت دواجي في هيوستن بولاية تكساس لأسرة سورية، وقضت طفولتها بين الخليج والولايات المتحدة بعد انتقال عائلتها إلى دبي وهي في التاسعة من عمرها.