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August 12, 2006

Lebanon: UN Resolution 1701

CNN (and many other news services) has the text of UN Security Council Resolution 1701, which appears to be at least tentatively agreed upon by the governments of Israel and Lebanon (and presumably wouldn't have been agreed upon by the Leb government unless it thought Hizbullah could be brought on board), although Israel has apparently decided that it can't decide on the Sabbath whether to stop attacking.

So what is in the resolution itself? What does it call for, and what obligations does it put on the different parties involved in the war?

In short (and the dissection is going to get very long indeed):

  • Israel is required to cease "offensive military operations" and to withdraw its troops "upon full cessation of hostilities" and in coordination with UN and Lebanese Army units moving in - assuming good will on Israel's part and minimal cooperation from Hizbullah, this could happen quite quickly. It is also obliged to engage in a somewhat nebulous process of "dealing with the Sebaa farms area", and to "fully respect the Blue Line".
  • Hizbullah is required to immediately cease "all attacks", and to either stand down or withdraw its armed forces from the area between the Litani and the Israeli border. A somewhat-nebulous process of disarmament is called for, along with a total freeze on supply of arms and "related materials" to non-state actors in Lebanon.
  • Lebanon is required to deploy its army to the south "upon full cessation of hostilities" and ensure that no non-state armed forces exist within the Litani-to-Blue-Line area, to prevent resupply of Hizbullah, and to work towards Hizbullah's disarmament.
  • UNIFIL is to be expanded, to deploy alongside the Lebanese army, and to work along with it to keep arms from crossing Lebanon's borders and to demilitarize the Litani-to-Blue-Line area. It is NOT required to oversee the process of Hizbullah's disarmament.
  • All countries *cough*Syria and Iran*cough* are prohibited from providing arms or training to Hizbullah or other non-state armed forces in Lebanon.
  • The UN & the interested parties are required to come up with a political plan to more specifically address the issues of prisoners, the Shebaa farms, and Hizbullah's arms.

Israel:

  • Paragraph 1 calls for "Calls for a full cessation of hostilities based upon ... the immediate cessation by Israel of all offensive military operations;" which is obviously open to some serious lawyering if Israel wants to do so. Does it even concede that it has engaged in any "offensive military operations" in the current conflict?
  • Paragraph 2 "Upon full cessation of hostilities... calls upon the government of Israel, as that deployment [of Lebanese Army and UN troops] begins, to withdraw all of its forces from Southern Lebanon in parallel;" Nasty opening clause, again seriously lawyerable - what consitutes a "full cessation of hostilities"? As written, a single hit-and-run attack on Israeli troops in place would remove any requirement that Israel withdraw its troops.
  • Paragraph 4 "Reiterates its strong support for full respect for the Blue Line;" which could be interpreted as banning overflights by Israeli military & surveillance planes of Lebanese territory
  • Paragraph 8 "Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:
    • full respect for the Blue Line by both parties,
    • (several obligations mainly on the Lebanese government)
    • provision to the United Nations of all remaining maps of land mines in Lebanon in Israel's possession;"

  • Paragraph 10 "Requests the Secretary-General to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Shebaa farms area, and to present to the Security Council those proposals within thirty days;" - Israel is NOT required to immediately withdraw from Shebaa, but will be involved in "developing proposals to deal with the Shebaa farms area"

Hizbullah:
  • Paragraph 1 "Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hizbollah of all attacks..." which is NOT open to interpretation in the way that Israel's half of the clause is. In particular, this would mean no fond good-bye attacks on the retreating Israeli troops, at least in theory.
  • Paragraph 3 "Emphasizes the importance of the extension of the control of the government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty, so that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon;" - this is kind of passive-aggressive, but it would mean the disarmament of Hizbullah, although it doesn't require any specific acts of Hizbullah according to any specific timeline.
  • Paragraph 4 "Reiterates its strong support for full respect for the Blue Line;" - hey, you kids! No attacking across the line, even into the Shebaa Farms area.
  • Paragraph 7 "Affirms that all parties are responsible for ensuring that no action is taken contrary to paragraph 1 that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, including safe passage for humanitarian convoys, or the voluntary and safe return of displaced persons, and calls on all parties to comply with this responsibility and to cooperate with the Security Council;" - this could at least be read as a "no-human-shields" paragraph - spreading the blame for any Israeli action after the ceasefire to Hizbullah and the Lebanese government as well.
  • Paragraph 8 "Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:
    • full respect for the Blue Line by both parties,
    • security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the government of Lebanon and of UNIFIL as authorized in paragraph 11, deployed in this area,
    • full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state,
    • no foreign forces in Lebanon without the consent of its government,
    • no sales or supply of arms and related materiel to Lebanon except as authorized by its government,"

      plus the land-mine maps from Israel. Again, kind of passive-aggressive, but 8a would again prohibit Hizbullah attacks into the Shebaa region; 8b would require it to stand down its forces in the South (and what is an "armed force", exactly? Is a guy who claims to be a simple farmer but who has a bunch of anti-tank missiles or katushyas in his tool shed an "armed force"?); 8c is obviously aimed at Iranian Republican Guard trainers; and 8d if implemented would prevent Hizbullah from resupplying.

  • Paragraph 10 "Requests the Secretary-General to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, ... and to present to the Security Council those proposals within thirty days;" Again with the disarmament. Again, with the lack of a specific timetable or specific actions.
  • Paragraph 14 "Calls upon the Government of Lebanon to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel and requests UNIFIL as authorized in paragraph 11 to assist the Government of Lebanon at its request;"
  • Paragraph 15 "Decides further that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft,
    • (a) the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and
    • (b) the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorized by the Government of Lebanon or by UNIFIL as authorized in paragraph 11;
    Between them, 14 and 15 if implemented would prevent Hizbullah from resupplying its military arm.

Lebanon:
  • Paragraph 2 "Upon full cessation of hostilities, calls upon the government of Lebanon and UNIFIL as authorized by paragraph 11 to deploy their forces together throughout the South..."
  • Paragraph 3 "Emphasizes the importance of the extension of the control of the government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty, so that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon;"
  • Paragraph 5 "Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbours, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;" Paragraphs 14 and 15 relate to the prevention of arms imports to non-state actors, basically, making Lebanon responsible for preventing the resupply of Hizbullah
  • Paragraph 7 "Affirms that all parties are responsible for ensuring that no action is taken contrary to paragraph 1 that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, including safe passage for humanitarian convoys, or the voluntary and safe return of displaced persons, and calls on all parties to comply with this responsibility and to cooperate with the Security Council;" - this could at least be read as a "no-human-shields" paragraph - spreading the blame for any Israeli action after the ceasefire to Hizbullah and the Lebanese government as well.
  • Paragraph 8 "Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:
    • full respect for the Blue Line by both parties,
    • security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the government of Lebanon and of UNIFIL as authorized in paragraph 11, deployed in this area,
    • full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state,
    • no foreign forces in Lebanon without the consent of its government,
    • no sales or supply of arms and related materiel to Lebanon except as authorized by its government,"

      plus the land-mine maps from Israel. Looked at from a Lebanese government perpsective, again this places the onus on the Lebanese government to prevent Hizbullah's resupply, and on the Lebanese Army and the UN to ensure that there are no Hizbullah fighters in the Litani-to-Blue-Line area.

  • Paragraph 10 "Requests the Secretary-General to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, ... and to present to the Security Council those proposals within thirty days;" Again with the disarmament. Again, with Lebanese responsibility for said disarmament.
  • Paragraph 14 "Calls upon the Government of Lebanon to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel and requests UNIFIL as authorized in paragraph 11 to assist the Government of Lebanon at its request;" Again, Lebanon must prevent Hizbullah from resupplying.

The UN & the prospective expanded UN force:
  • Paragraph 2: "Upon full cessation of hostilities, calls upon the government of Lebanon and UNIFIL as authorized by paragraph 11 to deploy their forces together throughout the South..."
  • Paragraph 11: "Decides, in order to supplement and enhance the force in numbers, equipment, mandate and scope of operations, to authorize an increase in the force strength of UNIFIL to a maximum of 15,000 troops, and that the force shall, in addition to carrying out its mandate under resolutions 425 and 426 (1978):
    a. Monitor the cessation of hostilities;
    b. Accompany and support the Lebanese armed forces as they deploy throughout the South, including along the Blue Line, as Israel withdraws its armed forces from Lebanon as provided in paragraph 2;
    c. Coordinate its activities related to paragraph 11 (b) with the Government of Lebanon and the Government of Israel;
    d. Extend its assistance to help ensure humanitarian access to civilian populations and the voluntary and safe return of displaced persons;
    e. Assist the Lebanese armed forces in taking steps towards the establishment of the area as referred to in paragraph 8;
    f. Assist the government of Lebanon, at its request, to implement paragraph 14;"

    Para 14 relates to preventing arms from crossing the border; para 8 involves ensuring that the Litani-to-Blue-Line area will be free of non-UN and non-Lebanese Army troops. Important is what's NOT included here: the UN forces are NOT required to oversee or ensure in any way the disarmament of existing Hizbullah troops, except (notionally) within the Litan-to-Blue-Line area; they probably are required to ensure that Hizbullah's network of bunkers & tunnels is not being used. Good luck there.
  • Paragraph 12 "Acting in support of a request from the government of Lebanon to deploy an international force to assist it to exercise its authority throughout the territory, authorizes UNIFIL to take all necessary action in areas of deployment of its forces and as it deems within its capabilities, to ensure that its area of operations is not utilized for hostile activities of any kind, to resist attempts by forceful means to prevent it from discharging its duties under the mandate of the Security Council, and to protect United Nations personnel, facilities, installations and equipment, ensure the security and freedom of movement of United Nations personnel, humanitarian workers, and, without prejudice to the responsibility of the government of Lebanon, to protect civilians under imminent threat of physical violence;" The UN gets to shoot back. Interestingly, it looks like the UN gets to shoot back at Israel, as well. At least in theory. The last sentence is interesting, as there have been allegations of localized Hizbullah coercion of the population in the South - would the UN be required to get involved in these disputes?
  • Paragraph 13 "Requests the Secretary-General urgently to put in place measures to ensure UNIFIL is able to carry out the functions envisaged in this resolution, urges Member States to consider making appropriate contributions to UNIFIL and to respond positively to requests for assistance from the Force, and expresses its strong appreciation to those who have contributed to UNIFIL in the past;"
  • Paragraph 14 "Calls upon the Government of Lebanon to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel and requests UNIFIL as authorized in paragraph 11 to assist the Government of Lebanon at its request;"

Iran and Syria: (not specifically, but how hard is it to tell?)
  • Paragraph 8, 4th clause: "no foreign forces in Lebanon without the consent of its government,"
  • Para 8, 5th clause: "no sales or supply of arms and related materiel to Lebanon except as authorized by its government,"
  • Paragraph 15: "Decides further that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft,

    (a) the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and

    (b) the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorized by the Government of Lebanon or by UNIFIL as authorized in paragraph 11;"

    All pretty self-explanatory, really.


The International Community& the Secretary-General:
  • Paragraph 6: "Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbours, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;"
  • Paragraph 9: "Invites the Secretary-General to support efforts to secure as soon as possible agreements in principle from the Government of Lebanon and the Government of Israel to the principles and elements for a long-term solution as set forth in paragraph 8, and expresses its intention to be actively involved;"
  • Paragraph 10: "Requests the Secretary-General to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Shebaa farms area, and to present to the Security Council those proposals within thirty days;"
  • Paragraph 13: "Requests the Secretary-General urgently to put in place measures to ensure UNIFIL is able to carry out the functions envisaged in this resolution, urges Member States to consider making appropriate contributions to UNIFIL and to respond positively to requests for assistance from the Force, and expresses its strong appreciation to those who have contributed to UNIFIL in the past;"
  • Paragraph 15: "Decides further that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft,

    (a) the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and

    (b) the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorized by the Government of Lebanon or by UNIFIL as authorized in paragraph 11;"

  • Paragraph 16: "Decides to extend the mandate of UNIFIL until 31 August 2007, and expresses its intention to consider in a later resolution further enhancements to the mandate and other steps to contribute to the implementation of a permanent ceasefire and a long-term solution;"
  • Paragraph 17: "Requests the Secretary-General to report to the Council within one week on the implementation of this resolution and subsequently on a regular basis;"

Obligatory Pious Waffle (for completeness' sake):
  • Paragraph 18: "Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973;"
  • Paragraph 19: "Decides to remain actively seized of the matter."

Posted by tomscud at August 12, 2006 04:22 AM
Filed Under: Levant

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Comments

Probably that Hizbullah will seek to have its armed grouping re-deputized as official Lebanese armed forces and thereby finesse the whole restrictions thing.

Posted by: matthew hogan at August 12, 2006 10:36 AM

And thank you, Tom, for remaining actively seized of the matter. This is very, very helpful.

Apparently the Israeli govt has now "agreed", sort of. A senior government official says that they will stop firing at midnight Sunday (EDT), which is another 32 hours from now.

Posted by: Nell at August 12, 2006 04:06 PM

A senior government official says that they will stop firing at midnight Sunday

Other reports suggest the Israeli cabinet will vote on it on Sunday, but that the IDF won't withdraw until UN forces arrive in a week or so. From Israel and Hizbollah's statements, it doesn't seem likely the fighting will stop until a withdrawal occurs.

Posted by: zurn at August 12, 2006 04:29 PM

Israel has the right under the resolution to engage in "nonoffensive" military action, whatever that means. Hizbullah says, regardless of what's in the resolution, that it will attack Israeli soldiers as long as they are in Lebanon. Per the resolution, the withdrawal of the Israeli army and the deployment of the Lebanese and UN forces can only happen once there is "full cessation of hostilities".

I see a problem here.

Posted by: Tom Scudder at August 12, 2006 05:05 PM

I suppose technically it's a paradox. But, defensive statements aside, all parties seem to want the UN/Lebanese force there eventually, so if that desire holds and is true the fighting should diminish when everyone's in agreement about the timing, and when the UN forces have assembled to enter.

Posted by: zurn at August 12, 2006 05:48 PM

Tom, you're a bloody masochist for reading the whole thing.

Posted by: eerie [TypeKey Profile Page] at August 12, 2006 07:58 PM

I'm a little surprised that the issue of the return of the two soldiers taken at the border is not addressed in the ceasefire resolution.

Israel's willingness to approve the resolution without that, after all this, makes it appear even more that this was a long-planned offensive waiting for a provocation that could initially justify it.

Posted by: Nell at August 13, 2006 02:51 PM

Just found this story about possible talks on a prisoner swap.

Posted by: Nell at August 13, 2006 02:59 PM

Another story on the prisoner talks, in which "a senior diplomatic source" says that

Israel did not condition the cease-fire on the release of the soldiers because it would have led to the continuation of the fighting and the loss of more life.

Uh huh.

Posted by: Nell at August 13, 2006 03:18 PM

There was some mention of the prisoners in the preamble, which I didn't bother to transcribe since, hey, it wasn't binding on anyone.

Posted by: Tom Scudder at August 13, 2006 04:35 PM

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