Lebanon disputes ICC role in investigating war crimes allegations

Lina PortmanMay 29, 2024

0 2 minutes read

Lebanon reversed its decision to allow the International Criminal Court to investigate alleged war crimes on its soil, prompting a leading human rights group to lament what it called a loss of a “historic opportunity” for justice.

Lebanon has accused Israel of repeatedly violating international law since October, when the Israeli army and the Lebanese armed group Hezbollah began exchanging fire alongside the war in Gaza. Israeli bombings have since killed around 80 civilians in Lebanon, including children, doctors and journalists.

Neither Lebanon nor Israel are members of the ICC, so a formal declaration to the court would be required from either to give it jurisdiction to launch investigations over a particular period.

In April, Lebanon's interim cabinet voted to ask the Foreign Ministry to file a declaration with the ICC authorizing it to investigate and prosecute alleged war crimes on Lebanese territory since October 7.

Foreign Minister Abdallah Bou Habib never submitted the requested declaration. On Tuesday, the cabinet issued an amended decision that omitted mention of the ICC, saying Lebanon would instead file a complaint with the United Nations.

Lebanon has regularly lodged complaints with the UN Security Council over Israeli bombing over the past seven months, but they have not resulted in any binding UN decision.

Habib did not respond to a Reuters question about why he had not filed the requested statement.

Lebanon reconsiders its decision

The building of the International Criminal Court is seen in The Hague, Netherlands, January 16, 2019. Posted online on 29/5/2024 (credit: PIROSCHKA VAN DE WOUW/REUTERS)

A Lebanese official, speaking on condition of anonymity, told Reuters that the cabinet's initial decision had caused “confusion” over whether a declaration would “open the door for the court to investigate what it wants in different files.

The official said George Kallas, a minister close to Parliament Speaker Nabih Berri, who leads the Shiite Muslim Amal movement allied with the politically powerful Hezbollah, called for a review of the decision.

Since October, Hezbollah and Amal have both fired rockets into Israel, killing 10 civilians, according to the Israeli military, and displacing around 60,000 residents near the border.

Contacted by Reuters, Kallas confirmed that he had requested a review of the initial cabinet decision, but denied that it was out of fear that Hezbollah or Amal would be subject to ICC arrest warrants.

Human Rights Watch condemned the overthrow of the government.

“The Lebanese government had a historic opportunity to ensure justice and accountability for war crimes in Lebanon. It is shameful that it is giving up this opportunity,” said Ramzi Kaiss, Lebanon researcher at HRW.

“The reversal of this decision shows that Lebanon's calls for accountability ring hollow,” he told Reuters.

Government spokesman Information Minister Ziad Makary said he supported the initial decision and would “continue to explore other international courts to deliver justice” despite the reversal.

Lebanon reversed course days after the ICC sought arrest warrants for alleged war crimes against Israel's prime minister, defense minister and three Hamas leaders.

MP Halima Kaakour, who holds a doctorate in public international law, initially pushed for filing a statement to the ICC. She recommended the measure to the parliamentary justice committee, which approved it unanimously. The cabinet approved it at the end of April.

“The political parties that initially supported this initiative seem to have changed their minds. But they never explained the reason, neither to us nor to the Lebanese people,” Kaakour told Reuters.

“Lebanon's complaints to the UN Security Council are going nowhere. We had the opportunity to give the ICC a deadline to look into the matter, we have the documentation – if we can use these international mechanisms , why not ?”