BEIRUT: Lebanon has reversed a move to allow the International Criminal Court to investigate suspected war crimes committed on its territory, in a move that a leading rights group denounced as a lost “historic opportunity for justice.”
Lebanon has accused Israel of repeatedly violating international law since October, when Israeli forces and Lebanese militant group Hezbollah launched a parallel bombardment of Gaza in the war. The Israeli shelling has killed around 80 Lebanese civilians, including children, medical workers and journalists.
Neither Lebanon nor Israel are members of the ICC, so a formal declaration from either country to the court would be required to give the court jurisdiction to open an investigation for a specific period.
Lebanon's interim cabinet passed a resolution in April to instruct the foreign ministry to submit a declaration authorizing the ICC to investigate and prosecute war crimes alleged to have occurred on Lebanese territory since October 7.
Foreign Minister Abdalla Bou Habib did not submit the requested declaration, and on Tuesday the Cabinet announced a revised decision that removed the reference to the ICC and said Lebanon would instead file a complaint with the United Nations.
Lebanon has regularly complained to the UN Security Council about Israeli bombings over the past seven months but has not received a binding UN decision.
Habib did not respond to Reuters questions about why he had not filed the requested returns.
A Lebanese official, who spoke to Reuters on condition of anonymity, said the initial cabinet decision had caused “confusion” over whether “the declaration would allow the court to investigate whatever it wants across different files.”
The official said the request to reconsider the decision had come from George Karas, a cabinet minister close to Parliament Speaker Nabih Berri, who heads the Amal Movement, a Shiite Muslim group allied with the politically powerful Hezbollah.
Hezbollah and Amal have fired rockets into Israel since October, killing eight civilians and forcing some 60,000 people to flee border towns.
Speaking to Reuters, Karas acknowledged that he had asked the cabinet to reconsider its original decision but denied that this was because he feared Hezbollah or Amal would be subject to arrest warrants from the International Criminal Court.
Human Rights Watch condemned the cabinet's change of policy.
“The Lebanese government had a historic opportunity to ensure justice and accountability for war crimes in Lebanon. It is shameful that the government is squandering this opportunity,” said Ramzi Kais, Lebanon researcher at Human Rights Watch.
“Reversing this decision shows that the calls for accountability in Lebanon are hollow,” he told Reuters.
Government spokesman and Information Minister Ziad Makarie said the government stood by the original decision and that despite the overturning of the verdict “we will continue to explore other international courts to ensure justice is achieved.”
Lebanon withdrew arrest warrants issued by the International Criminal Court just days after it sought them on war crimes charges against Israel's prime minister, defense minister and three Hamas leaders.
The initial push for the ICC declaration was made by Halima Kaakul, a member of parliament with a doctorate in public international law. She recommended the measure to parliament's justice committee, which unanimously approved it. The cabinet approved it in late April.
“It seems that the parties that initially supported the plan have changed their mind, but they have never explained to us or to the Lebanese people why,” Kaakool told Reuters.
“Lebanon's appeal to the UN Security Council will not solve anything. They had the opportunity to give the International Criminal Court time to consider it, and they have the documentation. If these international mechanisms are available, why not use them?”
