Legal experts warn Lebanon-Israel deal could block justice for war crimes victims

A newly signed framework agreement between Lebanon and Israel has drawn criticism from legal experts and human rights advocates, who warn that it could severely restrict efforts to hold perpetrators of war crimes accountable and deny victims access to justice.

The 14-point agreement, signed in Washington on Friday, seeks to establish a pathway toward ending fighting between Israel and the Lebanese resistance movement Hezbollah. However, one provision in the deal has emerged as a focal point of concern for legal observers.

Article 13 states that Lebanon and Israel will "cease all hostile or negative actions in international political or legal forums" as a means of building mutual confidence.

Critics argue that the broadly worded clause could prevent Lebanon from pursuing legal action over Israeli violations committed during the conflict that began on October 8, 2023, and could also impede victims from seeking redress through international or domestic courts.

Legal experts have also expressed concern that the agreement may effectively rule out any future decision by Lebanon to grant the International Criminal Court (ICC) jurisdiction over crimes committed on its territory. Human rights advocates have long urged Beirut to accept the court's jurisdiction to allow investigations into war crimes and crimes against humanity.

Farouk al-Moghrabi, a former adviser to Lebanon's Ministry of Human Rights who helped draft legislation aimed at granting the ICC jurisdiction in the country, said the agreement could extinguish prospects for international accountability mechanisms, including potential UN fact-finding missions.

“This will kill any hope of granting the ICC jurisdiction, even any hope of a UN fact-finding mission,” he said, warning that it could discourage domestic efforts to investigate and document crimes.

Nizar Saghieh, head of the Lebanese legal organization Legal Agenda, also said the government is “normalizing the crime” and effectively relinquishing its responsibility to facilitate investigations and prosecutions or support victims seeking justice.

The agreement has also faced political opposition within Lebanon. Hezbollah Secretary-General Sheikh Naim Qassem rejected the Washington accord, describing it as a "humiliation" and reiterating the group's long-standing opposition to direct negotiations with Israel.

Hezbollah chief says Lebanon-Israel deal ‘null and void’ as it legalizes occupation

Sheikh Qassem says the Lebanese government has backstabbed the country by agreeing to a deal with Israel.

Since March 2, Israel has been conducting an expanded offensive on Lebanon, killing more than 4,100 people, injuring over 11,600, and displacing over 1.6 million individuals.

Human rights organizations say Israeli military offensives in Lebanon constitute violations of international humanitarian law, including attacks on journalists, emergency responders and civilians, as well as large-scale forced displacement.

In a statement, Lebanon's National Human Rights Commission also stressed that no political agreement should prevent victims from pursuing justice, emphasizing that prosecuting war crimes, crimes against humanity and torture constitutes a legal obligation rather than a hostile political act.

The commission also noted that the broad wording of the agreement leaves uncertainty over what actions could be interpreted as "hostile or negative" in international legal forums.

“The commission emphasizes that prosecuting perpetrators of war crimes, crimes against humanity and torture does not constitute an act of hostility or a political stance, but rather a legitimate exercise of the rights to justice,” the statement said.

Meanwhile, the Office of the UN High Commissioner for Human Rights has recently begun a fact-finding mission in Lebanon to examine possible violations committed during the conflict. Legal experts say it remains unclear whether such activities could be affected by the new agreement.

The US government announced on Friday that Lebanese, Israeli and US negotiators had reached a framework for an initial agreement on peace in Lebanon.

The agreement has faced mounting criticism from politicians and countries in the region, as it requires the Lebanese government to force Hezbollah to lay down its arms if it wants the Israeli regime to withdraw its forces from areas in southern Lebanon.

Press TV’s website can also be accessed at the following alternate addresses:

www.presstv.ir