International Resolution 1701, which ended a 33-day war between Tel Aviv and Hezbollah in 2006, is now effectively threatened due to the escalating military operations in southern Lebanon since October 8, following the "Al-Aqsa Flood" operation and Hezbollah's decision along with several Lebanese and Palestinian groups to utilize the front there to support Gaza and divert the Israeli army's attention to other battles to alleviate the attack on the sector.
The resolution called for a cessation of hostilities, the withdrawal of Israeli forces from Lebanon, and the deployment of an additional United Nations force tasked with monitoring the ceasefire in coordination with the Lebanese army. It also mandated the creation of a zone between the blue line and the Litani River (known as the southern Litani area) free of any armed militants and war materials, except for those belonging to the Lebanese armed forces and UNIFIL. However, this resolution has seen numerous violations over the past 17 years, either from Israel, which continued its assaults and infringements of Lebanese airspace, or from Hezbollah, which has made it clear that it did not withdraw its weapons and fighters from the southern Litani area.
The recent escalation in the southern front raises multiple questions about the fate of this resolution, and whether it is still in effect or if a new UN resolution should be issued after the end of hostilities in Gaza and subsequently in southern Lebanon.
**The Resolution is Legally Valid**
From the legal perspective, Dr. Paul Makarous, head of the Justice Institute, and constitutional expert Dr. Said Malak agree that Resolution 1701 is still in effect and there is no need to issue a new resolution. Makarous asserts that "the resolution came based on local, regional, and international consensus, and if it is stripped of its implications, it falls politically and in the field, but not legally; it remains binding and should be upheld by any party wishing to enforce the obligations it entails against the other party."
Makarous stated to "Asharq Al-Awsat," "Even if it has been violated repeatedly by Israel or any party in Lebanon, after the violation or during it, it remains binding and there is no need to issue a second resolution with the same content since it is still in effect and producing its implications."
When asked whether the resolution has practically failed, Makarous responded: "Any failure in this area is not due to the resolution itself and its mechanisms, but rather to the lack of commitment by the parties involved, especially Israel, and the failure to fulfill its contents since its issuance, particularly regarding the widespread and complete deployment of the Lebanese army alongside international forces." He added, "I wouldn't be surprised if any new resolution from the UN Security Council reiterates this resolution, given its importance in establishing the rules of engagement in southern Lebanon."
Furthermore, Malak believes that "Resolution 1701 has not collapsed nor has its implementation been suspended at all; it remains in force and must be applied, as it is better for Lebanon to implement it to spare the country and especially the south from any major upheaval," emphasizing in his conversation with "Asharq Al-Awsat" that "we do not need a new resolution since circumstances have not changed."
Regarding the main violations the resolution has faced over the years, Malak indicates that "Israel has committed every kind of aggression within the area extending between the blue line and the Litani River, which includes ground, naval, and aerial violations, as well as its deliberate failure to hand over landmine maps. Additionally, Hezbollah has not adhered to the withdrawal from the mentioned area and has kept its weapons and equipment present there."
**The Resolution has Militarily Collapsed**
From a military standpoint, retired Brigadier General George Nader believes that "from the outset, Resolution 1701 has not been respected either by Israel, which has never ceased its violations of Lebanese airspace, or by Hezbollah, which has not complied with its stipulation that the area of international forces should be free of any weapons; instead, it has continued to conduct operations targeting the Shebaa Farms, in addition to the infiltration of Palestinian groups launching rockets into occupied territories."
Nader said to "Asharq Al-Awsat": "After the (Al-Aqsa Flood), one can say that 1701 has collapsed entirely because the land has become invaded, and the army's role in the southern Litani area is limited only to assisting in evacuating civilians, as the Red Cross does, while Hezbollah and Palestinian groups are active in their military operations." He added: "We have returned to a pre-1701 stage. This resolution or any other cannot be applied except by the force of UNIFIL and the Lebanese army, which is contingent on the outcomes of the Gaza war and Hezbollah's involvement in the conflict, along with the Israeli reactions."
