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Judicial Independence in Lebanon: A Lost Cause or a Hope for Redemption?

“An independent judiciary is the crown jewel of a constitutional democracy, without which freedom and justice cannot survive,” confirms Mahatma Gandhi. In Lebanon, the judiciary is often treated as an afterthought, a topic many are hesitant to confront head-on. People dismiss corruption as a necessary evil, claiming it’s just part of how things are done. This mindset reflects a troubling willingness to accept mediocrity in a system that should be the backbone of fairness and accountability. Judicial independence is not a luxury we can afford to ignore; it is the foundation of a functioning and just society.

 

              The Lebanese judiciary is deeply entangled with political authorities. The Higher Judicial Council, which oversees the appointment and discipline of judges, operates under political influence. Its members are chosen by the president, the minister of justice, and other political actors. This system prioritizes sectarian and political affiliations over qualifications, making the judiciary vulnerable to manipulation, as judges often owe their positions to sectarian or political loyalties rather than merit. As such, painful consequences manifest throughout our daily lives. In fact, the investigation into the Beirut Port explosion of August 4, 2020, is a glaring example. Over 200 people were killed, thousands injured, and entire neighborhoods destroyed. Yet, instead of justice, we’ve witnessed a judicial process repeatedly obstructed by political interference. Judges leading the case have been threatened, sued, and vilified, all to protect the powerful from accountability. How can we expect citizens to trust a system that seems incapable of serving justice even in such a catastrophic case?

              Moreover, corruption presents yet another undeniable judiciary issue. Bribes and favoritism have become so normalized that many see them as part of the process. People lose faith in the courts, opting for informal or even violent means to resolve disputes.

              Despite these realities, the judicial still holds the potential to be a transformative force in Lebanon. However, for judges to fulfill this role, significant reforms are needed to address the root causes of judicial dependence and corruption.

              One crucial step is to reform the process of judicial appointments and set in place a transparent and merit-based system. For instance, an independent commission could be established to oversee judicial appointments, ensuring that candidates are chosen based on their qualifications and experiences. Such models already exist and are worth examining, such as Canada’s Judicial Appointments Advisory Committee. 

              Another critical area for reform would be financial independence. Indeed, the judiciary’s budget is currently controlled by the executive branch, leaving courts vulnerable to financial manipulation. As such, judges cannot deliver impartial decisions when their livelihoods are at stake. Allocating an independent budget to the judiciary would provide the resources needed for courts to operate effectively without external pressures. To top this, the economic realities of the judges themselves must also be considered. The collapse of the Lebanese lira has left many judges facing financial hardship, making them more desperate and vulnerable to the temptation of bribes. Therefore, this reform would ensure that judges can perform their duties without financial stress or undue influence.

              Finally, the most crucial step in regaining the people’s trust is accountability. We cannot allow judicial misconduct to go unchecked. An independent body must be empowered to investigate allegations and take real action. Take South Korea, for instance; its judiciary has an ethics committee that holds judges accountable, ensuring that any misconduct is addressed swiftly and transparently. Lebanon could follow this example, ensuring that those who betray the public trust face the consequences of their actions. Only then will people believe that justice is truly for everyone, not just the powerful. 

 

              Ultimately, judicial independence is not some distant ideal; it is the foundation of justice, democracy, and progress. Reforming the judiciary requires more than structural changes; it demands a collective recognition that justice cannot be compromised. Judges, lawmakers, and citizens must work together to build a legal system that prioritizes the people. This is Lebanon’s chance to reclaim trust, restore the rule of law, and provide a brighter, more just future for the generations to come. This isn’t just a need; it’s an urgent responsibility we owe to ourselves and to the future of our country.

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