On 8 February, the Prosecution requested to amend the indictment in a confidential filing only to the Pre Trial Judge. The contents of the amended indictment remain confidential. The Prosecution is seeking to add a new count to the indictment of "criminal association", which is an offence under the Lebanese Penal Code (article 335).
Under the Tribunal's Rules, the Pre Trial Judge may ask the Appeals Chamber to deal with such preliminary questions. This happened last year when the Appeals Chamber was asked to define terrorism and conspiracy, amongst other crimes. At that time, the Appeals Chamber was not called on to define the crime of "criminal association".
The Pre Trial Judge will rely on the Appeals Chamber's definition in his review of the Prosecution's request to amend the indictment. He can confirm or reject the proposed amendments completely or in part.