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Lebanon v. Israel: Terms of Truce HA-19-7-06


1. In SG/SM/10563 of 12 July 2006 the Secretary-General condemns the attacks by Hizbollah across the Blue Line, which resulted in Israeli deaths and injuries, and the capture of two Israeli soldiers.  This violent act is a blatant breach of Security Council resolutions 425, 1559, 1655 and 1680.  The Secretary-General calls for the immediate and unconditional release of the Israeli captives.  This incident, and subsequent developments, which endanger an already volatile region, demonstrates once again how urgent it is that the Lebanese Government extends its control over all Lebanese territory and prevents such attacks across the Blue Line.  is essential that all concerned exercise maximum restraint at this time to avoid any further escalation.  All should respect fully their obligations under international humanitarian law.  The Secretary-General appeals to leaders in the region and beyond to do their utmost to contain this conflict by obtaining the release of the soldiers and pressing for restraint.


2. In SG/SM/10566 of 13 July 2006 the Secretary General decided to dispatch a three-person team led by his Special Political Adviser, Vijay Nambiar, to the Middle East to help defuse the major crisis in the region.  The other members will be senior United Nations officials Alvaro de Soto and Terje Roed-Larsen. The team will first visit Cairo to meet with Egyptian officials and consult with Arab League foreign ministers, who will be meeting there on Saturday.  Mr. Nambiar and his team are also expected to travel to Israel, the Occupied Palestinian Territories, Lebanon, and Syria.  The Secretary General stated to the press, “I am deeply alarmed at the escalation of violence in Lebanon and Israel. Parts of Lebanon are under blockade and heavy Israeli military action, while Israel is being subjected to indiscriminate attacks by Hezbollah. Both sides have threatened further escalations, leaving the populations of Lebanon and northern Israel in fear for their safety”. 


3. On 13 July the United States vetoed a Security Council resolution whereas the language was outdated and did not sufficiently redress the situation.  On 14 July, in SC/8777 the Security Council welcomed the Secretary-General’s decision to dispatch to the Middle East a senior-level team.  The Security Council calls on all concerned states and parties to extend their full cooperation to the team.  The Security Council looks forward to the earliest possible report of the team’s mission. On 14 July the High Commissioner for Human Rights underscored the Secretary-General’s condemnation of all actions that target civilians, or which unduly endanger them due to their disproportionate or indiscriminate character. 

4. On Friday 14 July Sam F. Ghattas of the AP wrote that, “Israel Continues Assault on Lebanon”.  -- Israel blasted the home and office of Hezbollah's leader in the capital on Friday, vowing to fight until the guerrilla group was neutralized. Its warplanes smashed Lebanon's links to the world one by one, punishing the country for Hezbollah's capture of two Israeli soldiers.  The death toll, by Friday, after three days of fighting rose to 73 killed in Lebanon and 12 in Israel, as international alarm grew over Israel's onslaught and oil prices rose to above $78 a barrel.  Israeli warplanes and gunboats blasted the crowded Shiite neighborhood of Hezbollah leader Sheik Hassan Nasrallah, who was not hurt in the strikes. Less than an hour later, he issued a taped statement on the group's TV telling Israelis: "You wanted an open war and we are ready for an open war." He vowed to strike even deeper into Israel with rockets. 

5. Israel's army chief, Brig. Gen. Dan Halutz, said Friday that Hezbollah guerrillas have rockets that can reach as much as 70 kilometers (43.5 miles) or more.  A rocket hit an Israeli warship off Lebanon's coast in a strike timed to coincide with Nasrallah's message. "The surprises that I have promised you will start now. Now in the middle of the sea, facing Beirut, the Israeli warship ... look at it burning," Nasrallah boasted, though Israel said the hit caused only light damage.  Hezbollah escalated its retaliation, raining dozens of rockets on towns in northern Israel. One rocket hit a home in Meron, killing a woman and her grandson. Some 220,000 people in northern towns hunkered down in bomb shelters amid the barrage. "We know it's going to be a long and continuous campaign and operation, but it's very clear. We need to put Hezbollah out of business," Brig. Gen. Ido Nehushtan told The Associated Press. 

6. Israeli Prime Minister Ehud Olmert vowed the campaign would continue until Hezbollah guerillas are disarmed. But he agreed in a phone call with U.N. chief Kofi Annan to allow U.N. mediation for a cease-fire - but only if the terms for the truce included the return of the soldiers and the disarming of the guerrillas.  Israel's campaign - its largest in Lebanon in 24 years - appeared to have a two-pronged goal. One was to batter Hezbollah and end its near control of the south on Israel's borders. The other goal was to seal off Lebanon by repeatedly striking its airport and main roads - including the coastal highway from north to south and the Beirut-Damascus highway, Lebanon's main land link to the outside world. At the same time, it was gradually escalating the damage to the country's vital infrastructure, painstakingly rebuilt since the civil war ended in 1990. 

7. Israel holds Lebanon responsible for the snatching of its two soldiers in a surprise Hezbollah raid. The Lebanese government insists it had nothing to do with the move - but Israel wants it to take action to rein in the guerrillas – as inconclusively debated earlier this year by the Lebanese government.  The European Union accused Israel of using excessive force, and Russian President Vladimir Putin said both sides must "immediately cease military action."  President Bush said that Israel should try to limit civilian casualties.  In a statement, the Lebanese Cabinet said that Italy had relayed Israeli conditions to stop the offensive: Hezbollah guerrillas should release the two Israeli soldiers and withdraw to beyond a river 18 miles north of the Israel-Lebanon border, pushing back the threat of rocket fire on northern Israel.

8. There are two UN Peacekeeping Missions in the area overseen by the UN Truce Supervision Organization (UNTSO).  Set up in 1948, UNTSO was the first peacekeeping operation established by the United Nations. UNTSO military observers remain in the Middle East to monitor ceasefires, supervise armistice agreements, prevent isolated incidents from escalating and assist other UN peacekeeping operations in the region.  The intention was to disband UNIFIL this 31 July 2006 however the mission has already been extended numerous times.

9. The UN Interim Force in Lebanon (UNIFIL) has 1,991 UN troops in Lebanon, assisted by some 50 military observers of UNTSO; and supported by 95 international civilian personnel and 295 local civilian staff 1 troops, assisted by some 50 military, they have suffered 257 fatalities.   The UN Disengagement Observer Force (UNDOF) in Golan Heights on the Syrian border has 1,033 troops, assisted by some 57 military observers of UNTSO's Observer Group Golan; and supported by 33 international civilian personnel and 107 local civilian staff, they have suffered 42 fatalities. 

10. Article 2(4) of the UN Charter is considered the jus cogens, universal norm of international law, and is commonly known as the principle of non-use of force.  It states, “all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations” It is an accepted principle of international law that self defense is only justification for a proportional military response in Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) IC.J. No. 70 1986. 

11. The Advisory Opinion regarding the Legal Consequences of Constructing a Wall in the Occupied Palestinian Territory No. 131 on 9 July 2004 was reviewed in the third and final, Armistice Day, draft, the Will of the Palestinian People HA-11-11-04 where the court is cited as recalling the established jurisprudence that “The essential principle contained in the actual notion of an illegal act . . . is that reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed.” 


12. Both Israel and Hezbollah are clearly in breach of their international treaty obligations to refrain from the threat and use of force against the political independence of any State.  The State of Lebanon is obviously the innocent victim entitled to reparations for damages caused by the illegal acts and constitutional authority now obligated to disciple the Hezbollah who must return their hostages and submit themselves to the Lebanese government for realignment, retirement and disarmament.  Israel, is responsible for disproportionate attacks upon the territorial integrity of Lebanon without regard for the civilian population.  Israel will have to pay reparations to Lebanon for damages to human life, health and infrastructure on the condition that the Lebanese government fires Hezbollah leader Sheik Hassan Nasrallah, releases the hostages or their remains to their families and prohibits the Hezbollah from sustaining any militia whatsoever, on threat of the dissolution of non governmental organization.  UN should do their utmost to see that the UNIFIL Mission is terminated this 31 July so that UN Peacekeepers do not stay in harms way.  Only constitutional law will restore international peace and security and the UN is directed to respect the guidelines of the supreme national law. 


13. Israeli Basic Law explains that the Army has taken advantage of the incompetence of the Government since Ariel Sharon ate his last latke the Knesset are sought to render a vote of no confidence in regards to the State of Emergency whereby the offensive would cease before the specially elected Prime Minister got into trouble.  The Constitution of Lebanon of 1947 explains, Lebanon is a parliamentary democratic republic based on respect for public liberties, especially the freedom of opinion and belief, and respect for social justice and equality of rights and duties among all citizens without discrimination.  All Lebanese are equal before the law. They equally enjoy civil and political rights and equally are bound by public obligations and duties without any distinction.  The Parliament and Council of Ministers will need to establish incompatibility by law of Hizbollah to support a militia or run for political office out of deference to their work on the educational, social, and economic levels in the conflict prone border region that shall be a basic pillar of the unity of the state and the stability of the system as a non governmental organization that makes no claims to political power.


14. The terms of the truce between Israel and Lebanon are simple.  Israel shall strictly respect the territorial integrity and political independence of Lebanon and immediately cease military action against and withdraw forces from Lebanon in return Hizbollah shall do likewise.  Lebanon shall discipline the Hizbollah who, as a nongovernmental organization, must repatriate their prisoners of war and can no longer be permitted to bear arms or run for Parliament or Government office until they have satisfactorily demonstrated that they respect the division between political and military power.  Having disciplined Hizbollah, as explained in this treaty, Israel shall pay reparations for the damages caused to Lebanese people and property.  Hizbollah shall do the same for Israel and if they don’t have enough money shall be dissolved. If this peace treaty goes smoothly the UNIFIL Mission will be terminated as planned on 31 July 2006 and relations along the border will take place between trained and cooperative Lebanese and Israeli soldiers, without a third party.


Tony Sanders