Situated on the eastern shore of the Mediterranean Sea, Lebanon has a rich history dating back to 3000 BC when it was settled by the Canaanites (Phoenicians) who developed thriving city states that became centers for maritime trade and culture. Over the next 5,000 years, Lebanon’s strategic location, coastline, and fertile lands attracted a series of foreign invaders, from Alexander the Great in 333 BC, to the Romans, Byzantines, Arabs, Mamluks, and Ottomans. These diverse occupations influenced the development of Lebanon as a multicultural home to Maronite Christians, Druze, Muslims, and Jews.
Lebanon was part of the Ottoman Empire for almost 400 years. When the Empire was partitioned after World War I, a French mandate was established over Lebanon and parts of Syria. Lebanon’s population was, at the time, almost equally divided between Christians and Muslims. The nation’s 1926 constitution provided for power sharing between the two populations. The presidency was assigned to a Maronite; a Sunni Muslim would be prime minister; and the speaker of the legislature would be a Shia Muslim. As the economy and population prospered in the 1930’s and 40’s, the Nationalist party came into power and put increasing pressure on the French to withdraw. This ultimately led to civil unrest, British efforts to mediate, and, in 1943, a declaration of independence. Lebanon did not attain full independence until after World War II when British and French troops left the country. Lebanon became a member of the United Nations and joined the Arab League.
Lebanon is a parliamentary democracy with sectarian power sharing. Its constitution guarantees all religious groups representation in the government, military, and civil service. The country’s modern history has been tumultuous, including two civil wars (1958 and 1975 – 1990), confrontations with Israel, the Palestinian Liberation Organization, and Syria, as well as the assassinations of a President in 1989 and a Prime Minister in 2005. Lebanon hosts the largest number of refugees, per capita, in the world, including an estimated 1.5 million from Syria and 250,000 Palestinians.
Legal System
The Lebanese legal system combines elements of civil, religious, and customary law. Rooted in the French civil law tradition introduced during the French Mandate, the legal system incorporates aspects of Ottoman legal practices and customary norms, particularly in rural areas. Personal status laws are adjudicated by religious courts representing the 18 officially recognized religious communities. The Constitution of 1926, one of the oldest in the Arab world, provides the legal foundation for Lebanon’s governance and guarantees separation of powers among the legislative, executive, and judicial branches. It also enshrines the independence of the judiciary.
Judicial System
The Lebanese judiciary has ordinary courts, specialized courts, and special courts.
Ordinary Courts
The Ordinary Courts handle civil, criminal, and administrative matters. Civil Courts oversee disputes related to contracts, property, torts, family cases not covered by religious law, and other civil matters. The Criminal Courts hear misdemeanors, felonies, and minor offenses.
First Instance
Civil courts have general jurisdiction over civil cases with specialized chambers for commercial and labor disputes. On the criminal side, magistrates (judicial officers) hear minor offenses and conduct preliminary hearings. The first instance criminal courts preside over serious criminal cases and sentencing. Their cases are heard by one presiding and two associate judges or one presiding judge sitting alone.
Courts of Appeal
The Courts of Appeal review civil and criminal appeals. Cases are heard by chambers of one presiding and two associate judges.
Administrative Courts
The administrative courts hear matters involving administrative decisions taken by the State and its agencies and institutions, including public procurement, civil service disputes, and government regulations. Administrative tribunals hear first instance cases that may be appealed to the Council of State (also called the Shoura Council or State Council). The Council of State has original jurisdiction as well. It reviews legislation, adjudicates disputes involving ministerial decrees, and hears cases brought by citizens who allege human rights violations.
Specialized Courts
Lebanon has three types of specialized courts: labor, commercial, and religious.
Labor Courts
The labor courts resolve disputes between employers and employees, including those related to contracts, wages, and wrongful termination.
Commercial Courts
The commercial courts hear disputes involving trade, bankruptcy, corporations, and other commerce-related cases.
Religious Courts
Each of the religious courts operates autonomously within their communities and has exclusive jurisdiction over personal status matters including marriage, divorce, child custody, and inheritance. The Sunni and Shia Islamic Courts apply Islamic jurisprudence. There is a separate Christian Court for each denomination: Maronite, Greek Orthodox, and Armenian Orthodox. There are also Druze Courts that resolve personal status issues specific to that community.
Special Courts
Lebanon has special courts that address issues falling outside the jurisdiction of the ordinary and specialized courts, for example land courts and juvenile courts. Other special courts include:
Supreme Council for the Trial of Presidents and Ministers:
This Council hears allegations against high level political officials for treason and breaches of official duties. Cases are referred to the court by a two-thirds vote of the Parliament. Members of the Council include high-ranking judges and members of Parliament.
Judicial Councils
The Judicial Council hears cases involving national security, political assassinations, and terrorism. It is chaired by the First President of the Court of Cassation who sits with four other senior judges. The Judicial Council also hears cases upon referral from the Council of Ministers. Its rulings are not subject to appeal.
Military Courts:
Lebanon’s military courts handle cases related to military personnel and certain crimes that threaten national security including espionage. The military justice system includes investigative judges, trial judges, a Permanent Military Court and a Military Court of Cassation.
Publications Court:
The Publications Court was created in 1962 to adjudicate allegations against newspapers, magazines, and television broadcasters. The Publications Law sets forth actionable offenses (defamation, libel, press freedom, and freedom of expression) and characterizes them as criminal matters. The Court has a president and two “consultants.”
Supreme Court of Cassation
The Supreme Court of Cassation is the highest judicial authority for civil, commercial, and criminal cases. It reviews cases for errors in law or procedure and, through its binding precedents, ensures the uniform interpretation and application of the law. Divided into specialized chambers (civil, criminal, labor, etc.), cases are heard by one presiding and two associate judges. The Court’s president also chairs the Supreme Judicial Council, the body responsible for overseeing the judiciary. Justices are appointed by the High Judicial Council.
Judicial Appointment
Lebanon has a career judiciary with a discrete path of promotion. As is the case in many civil law countries, both judges and prosecutors in Lebanon are considered part of the “magistracy.” Over the course of their career, they may move between the courts and the prosecutorial service.
The Minister of Justice determines the number of judicial positions to fill in consultation with the High Judicial Council. After passing a written exam, aspiring candidates go through two rounds of interviews and an oral exam. Those who successfully complete this phase spend three years with the Institute of Judicial Studies and then are either appointed directly to a court or work at the Ministry of Justice until a judicial position opens. Judges are eligible for promotion every two years. The High Judicial Council is responsible for appointments, promotions, and transfers. Judges serve until the mandatory retirement age of 68.
Constitutional Council
The Constitutional Council was created to review the constitutionality of laws and adjudicate claims related to electoral disputes. In addition, heads of the country’s legally recognized religious communities can file petitions with the Constitutional Council related to personal status laws, religious practice, and religious studies. Its ten members - five appointed by parliament and five by the Council of Ministers - serve non-renewable six-year terms.
Constitutional challenges can be filed by Lebanon’s President, Prime Minister, Chief of Parliament, and “any ten members of Parliament” who submit a petition together. The Constitutional Council may declare laws valid, partially valid, or invalid. Challenges to legislation must be filed within ten days of a its promulgation. When a case is filed, the Council’s president designates one member to study the challenge and present their conclusions to Council members within ten days. Deliberations may proceed for five days and a ruling must be made fifteen days later. Rulings on constitutionality require a majority of 7 members.
High Judicial Council
The High Judicial Council (also known as the Superior Council of Magistracy) oversees Lebanon’s judiciary, including the appointment, transfer, and promotion of judges. The High Judicial Council has ten members: the President of the Court of Cassation (who serves as the Council’s president), the State Prosecutor of the Court of Cassation, the President of the Judicial Inspectorate, two members elected by the judges of the Court of Cassation, and five nominated by the Ministry of Justice. The Council’s Secretariat has broad powers of judicial oversight. It can request that monitoring of a judge’s private and social conduct.
Judicial Inspectorate
The Judicial Inspectorate is an independent body under the authority of the Minister of Justice. It is tasked with monitoring the judiciary (judges and court staff) and investigating allegations of misconduct and corruption. Substantiated allegations are sent to a Disciplinary Council that can issue warnings, demotions, suspensions, and dismissal. The Judicial Inspectorate includes a president, four inspectors general, and six inspectors. They are usually appointed from the judiciary by the Cabinet based upon the recommendation of the Minister of Justice.
Public Prosecution Office
The Public Prosecution Office is part of the judiciary. It represents the public in civil and criminal courts through litigation and prosecutions. Prosecution offices are attached to the courts, including the Court of Appeal and the Court of Cassation. The Office is led by the State Prosecutor of the Court of Cassation in Beirut who oversees all prosecutions throughout the country.
The Special Tribunal for Lebanon
The Special Tribunal for Lebanon was established in 2007 by the Security Council of the United Nations with the narrow mandate of investigating and prosecuting those responsible for the 2005 assassination of Prime Minister Rafik Hariri. Hariri was killed in a bomb blast that also took the lives of 21 other people and injured 226. The international tribunal convened in the outskirts of the Hague, Netherlands; its judges were from Lebanon and other nations. In 2020, the Tribunal rendered a verdict of conviction, finding Salim Ayyash guilty of committing a terrorist act, intentional homicide, and attempted homicide. While the tribunal noted that other perpetrators were likely involved in the terrorist plot, it concluded that there was not sufficient evidence to hold them accountable.