Lebanon

UN Security Council Extends UNIFIL's Mandate in Lebanon

UN Security Council Extends UNIFIL's Mandate in Lebanon

On Thursday, the UN Security Council voted to extend the long-standing peacekeeping mission in Lebanon for another year, following a compromise between France and the United States regarding the wording related to the freedom of movement for UN forces. The Council reiterated the need for the effective, permanent, and rapid deployment of the Lebanese army in southern Lebanon.

In its decision, the Council expressed concern over the establishment of tents south of the Blue Line in the occupied Shebaa Farms, emphasizing the risk that hostilities could lead to a new conflict that no party or the region could endure. It urged all parties to make every effort to ensure the continuation of the ceasefire, exercise maximum calm and restraint, and refrain from any actions or rhetoric that could jeopardize it.

The Council noted with concern the installation of containers and other infrastructures along the Blue Line that restrict UNIFIL's access to or visibility of the line, reaffirming its determination to ensure that no acts of intimidation prevent UNIFIL from carrying out its mandate in accordance with Security Council Resolution 1701. It emphasized the full responsibility of all parties to guarantee the safety and freedom of movement of UNIFIL personnel and that UNIFIL must be respected.

The Council condemned all attempts to restrict the freedom of movement of UNIFIL personnel, as well as all acts of harassment, intimidation, and attacks against peacekeepers. Additionally, it confirmed UNIFIL's authority to take any necessary measures within its operational areas, within its capabilities, to ensure that its area of operations is not used for hostile activities while resisting any attempts to prevent it from carrying out its mandate. It welcomed the expansion of coordinated activities between UNIFIL and the Lebanese army and called for the continued strengthening of this cooperation without undermining UNIFIL's mandate.

US Ambassador to the UN Linda Thomas-Greenfield stated to the Council, "The ability of UNIFIL personnel to carry out their responsibilities without any restrictions is essential." She added, "We have ongoing concerns about acts from certain parties to restrict the freedom of movement of the mission." She indicated that the approved resolution includes language that strongly emphasizes UNIFIL's absolute freedom of movement.

Lebanese Ambassador to the UN Jan Morad noted that "the extension decision for UNIFIL did not fully reflect Lebanon's concerns and did not take into account the specifics of the current reality," explaining that the specificity lies in sovereignty. She pointed out that "if Lebanon is earnestly trying to introduce amendments to the draft law for extending UNIFIL's operations, it is out of concern for Lebanese sovereignty," clarifying that "UNIFIL has full freedom of movement but in coordination with the Lebanese government." She emphasized that movement must have controls to ensure the safety of these forces and to oversee their missions, noting that "Lebanon requested the correction and rationalization of the name 'north of the village of Ghajar,' as it is not this area's designation."

Morad stressed that "UN Secretary-General Antonio Guterres was clear in describing the Israeli presence in Lebanon as an occupation," asking, "Why resort to language in the current resolution that closely resembles decisions adopted under Chapter Seven?" The Chinese representative at the UN expressed regret that Lebanon's reservations as the host country for UNIFIL were not taken into account in the resolution. Similarly, the Russian representative at the Security Council expressed regret that the adopted text did not consider the consensus reached with Lebanon.

Amendments were made to the draft resolution for the renewal of UNIFIL to emphasize the freedom of movement of international forces per the SOFA agreement, but it added the allowance for international forces to conduct unannounced patrols while removing references to the parties of the Mari area. The draft's non-final text is to be voted on directly or through requests for oral amendments.

Background: UNIFIL's mandate was expanded in 2006 after a month-long war between Israel and Hezbollah to allow peacekeepers to assist the Lebanese army in keeping parts of the south free of weapons or armed groups, except those belonging to the Lebanese state. This caused disputes with Hezbollah, which effectively controls southern Lebanon despite the presence of the Lebanese army. Hezbollah is an armed group and the strongest political force in Lebanon. An Irish peacekeeper was killed in December when a UNIFIL vehicle was shot in southern Lebanon. A Lebanese military court accused members of Hezbollah of being involved in the killing, which the group officially denied.

UNIFIL was established in 1978 to monitor the southern border shared with Israel. Its mission is renewed annually, and its current mandate is set to expire this Thursday. The Security Council adopted the text drafted by France with a vote of 13 members in favor and abstentions from Russia and China. A vote scheduled for Wednesday was postponed following a debate among France, the United States, and the UAE regarding the wording related to the freedom of movement of UN forces.

The Council explained the backgrounds of the extension and delay leading to its approval: "Negotiations on the draft resolution proved difficult. France presented the initial draft of the resolution to Council members on August 15 and held one round of negotiations on August 17. A revised draft was circulated on August 21. After receiving comments from several delegations, France distributed a second revised draft on August 24 and placed it under a silence procedure until August 25. The United States broke the silence, followed by the UAE and Russia, after which China, Japan, and the UK sent comments. On August 29, France put the third revised draft blue for voting the following day. After apparent concerns raised by the UAE and the United States, the vote was postponed. Following further discussions, the amended draft was placed blue and the vote rescheduled for today."

The Council added that "one of the important discussion points during the negotiations was the language regarding the freedom of movement of UNIFIL. While Council members generally support the need for the UN peacekeeping force in Lebanon to operate effectively in its area of operations, opinions among some members vary on how the mission's freedom of movement is exercised and how to address movement restrictions and the challenges it faces in accessing the region."

One of the main sticking points was the phrase in Resolution 2650 stating that under the SOFA agreement signed between Lebanon and the UN in 1995, "UNIFIL does not need prior information" or permission to carry out its mandated tasks and is "authorized to operate independently." Although some members expressed concern in last year's renewal negotiations that this language might exceed what the troop agreement stipulates or that it needs clarification, Resolution 2650 was adopted unanimously, with no reservations expressed on this matter at the time of its adoption. However, this new language did not sit well with some Lebanese parties, including the Lebanese Foreign Ministry, which issued a statement shortly after the resolution's adoption stating that the resolution includes "wording that does not comply with the framework agreement signed by Lebanon with the UN."

In a letter dated June 26 to the Secretary-General, Lebanon requested that the Council extend UNIFIL's mandate "based on Security Council Resolution 2591" issued on August 30, 2021, instead of Resolution 2650, which Lebanon objected to. In the lead-up to the renewal of the mandate this year, Lebanese media reported that the Minister of Foreign Affairs and Emigrants in the caretaker government, Abdullah Bou Habib, intended to request an amendment to the language, asking for UNIFIL to "coordinate with the Lebanese army." This appeared to be Bou Habib's central request during his recent visit to New York, where he held meetings with Council members. On Monday (August 28), Hezbollah Secretary-General Hassan Nasrallah referred to this matter in a speech, reportedly opposing "UNIFIL's movement around Lebanon without agreement with the army." In a letter dated August 3 requesting that the Council consider renewing UNIFIL's mandate, the UN Secretary-General emphasized that "the mission's ability to conduct independent patrols and activities must be maintained," while also underscoring that cooperation and coordination between UNIFIL and the Lebanese Armed Forces "remains crucial for the successful implementation of Security Council Resolution 1701."

During negotiations, it seems that China and Russia supported Lebanon's position and called for the removal of the phrase in Resolution 2650 about UNIFIL not needing prior permission to carry out its tasks and called on parties to ensure the freedom of movement of UNIFIL, "including by allowing announced and unannounced patrols." These members demanded that this language be replaced with wording stating that "UNIFIL will benefit from freedom of movement in coordination with the Lebanese government." While acknowledging that coordination between UNIFIL and the Lebanese Armed Forces is a valuable factor, many other members seemed to see coordination as not a precondition for UNIFIL to carry out its mandated tasks. The blue document drafted on August 29 attempted to narrow the gap between these differing positions. Even though it retained wording reaffirming that under the troop agreement, UNIFIL does not need prior consent to conduct its tasks and is authorized to operate independently, it added the phrase "while continuing to coordinate with the Lebanese government, per the SOFA" and removed the reference to "announced and unannounced patrols." However, it appears that the UAE was not particularly satisfied with these changes, prompting France to apparently reinsert the phrase regarding "announced and unannounced patrols" into the amended draft document that was put blue yesterday. The reference to coordinating with the Lebanese government "in accordance with the SOFA" is still present in the amended text.

While Resolution 2650 already condemned "all attempts to prevent access or restrict the freedom of movement of UNIFIL personnel," it appears some members—a number of times during negotiations and to varying degrees of focus—requested or supported the inclusion of direct references to the Green Without Borders (GWB). The latest report of the Secretary-General on Resolution 1701, dated July 13, mentions several containers and watchtowers north of the Blue Line and notes that some of these sites show GWB signage. The report also indicates that UNIFIL has faced restrictions on freedom of movement near these sites on multiple occasions. (Lebanon claims GWB is an environmental protection organization "registered according to official Lebanese legal procedures." Conversely, Israel asserts that GWB is a "fake organization" acting as a front for Hezbollah, which uses the containers for intelligence purposes—collecting information on settlements and weapon caches). The United States, which has a similar stance to Israel's, imposed sanctions on GWB and its leader on August 16 for "providing support and cover for Hezbollah operations in southern Lebanon" while operating "under the guise of environmental activity."

The Council clarified: "During the open briefing held on August 21 regarding the 'situation in the Middle East, including the Palestinian issue,' the United States stated that the Council needs to address GWB activities as part of discussions on renewing UNIFIL's mandate, when the United States broke the silence in the second session." It seems the revised draft did not request clarification regarding GWB. However, it appears to have called, among other things, for the Council to ask the Secretary-General to prepare an independent report identifying the challenges facing UNIFIL's freedom of movement and the actors contributing to it. During the same silence period, the UAE seemed to have made a similar request but differed from the US request by asking for the report to reference GWB activities. The blue draft does not include references to the report or GWB. However, it contains a new phrase urging the Lebanese government to facilitate UNIFIL's access to "all sites of significance."

The initial draft text included a new reference in the preamble "expressing concern over the ongoing occupation of northern Ghajar," a village located on both sides of the Blue Line, "and the adjacent area north of the Blue Line." This was in addition to the already present operational language in Resolution 2650 that urges Israel to expedite its withdrawal from northern Ghajar village. The term "occupation" was substituted with "continuing Israeli presence" to accommodate the US stance on the issue. Following requests from some members—including China, Russia, and the UAE—references to northern Ghajar were changed during negotiations to "north of Ghajar village and the adjacent area north of the Blue Line, in the suburbs of Mari town," to more closely reflect the phrasing preferred by Lebanon to refer to this area. While this phrasing continues to appear in the draft put blue on August 29, the reference to "the parties of Mari town" was removed from the amended blue draft yesterday in a potential concession to the United States, which has consistently opposed this phrasing during the negotiations.

The Council further clarified: "As for the temporary support provided by UNIFIL to the Lebanese Armed Forces, which was the primary focus of the previous mandate renewals, it has been less significant this year, though still controversial. The phrase in previous drafts asking UNIFIL to temporarily assist the Lebanese Armed Forces with fuel supplies, which apparently gained support from many Council members, was later deleted due to opposition from China and Russia. It seems that since Lebanon did not prioritize this year the renewal of temporary and specific measures, it was difficult for members favoring the inclusion of this phrase to advocate for keeping it."

Regarding recent developments near the Blue Line, the blue draft resolution includes new language "expressing concern regarding the installation of tents south of the Blue Line in the occupied Shebaa Farms." (In a speech delivered on July 12, Nasrallah reportedly stated that Hezbollah erected a tent "behind the withdrawal line"—meaning the Blue Line—to draw attention to Israel's occupation of northern Ghajar village). The blue draft text also contains new language expressing concern regarding "the electronic signature of the fire control radar onboard a maritime UNIFIL vessel" on April 26, emphasizing that all parties must adhere to their obligations to respect the safety of UNIFIL and all UN personnel. This phrase appears to be based on the Secretary-General's report issued on July 13, which also noted that at the time of the incident, six Israeli F-16 aircraft were detected "and no other" in the vicinity.

The phrase proposed by Switzerland regarding the implementation of the UN operational support environmental strategy (phase two) appears in the blue draft resolution. Nonetheless, it seems that no reference was included to welcome the establishment of a management section in the Lebanese Armed Forces proposed by Malta and supported by many members, along with the phrase proposed by Switzerland.

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