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Since its establishment in 1978, the United Nations Interim Force in Lebanon (UNIFIL) has operated in the Lebanon-Israel-Syria tri-border region, aiming to reinforce the authority of Lebanese armed forces within its designated area. However, the recent violations of deliberate damage to an observation tower and perimeter fence of a UN position, have forced us to examine the scope and limitations of UNIFIL’s mandate under United Nations Security Council Resolution 1701 (UNSCR 1701), and explore the international legal implications surrounding breaches of United Nations premises and personnel safety.
The UN Interim Force in Lebanon (UNIFIL) as mentioned was established in 1978 with the objective of enhancing Lebanese state control over areas impacted by conflict. The UNSCR 1701 resolution states that the Security Council calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:…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.”
Thus, the adoption of UNSCR 1701 expanded UNIFIL’s role, emphasizing its assistance in establishing a secure, demilitarized zone between the Blue Line and the Litani River. This area, known as the UNIFIL Area of Operations (AO), is intended to remain free from unauthorized armed personnel and equipment except those of the Lebanese Government and UNIFIL forces.
Mandate and Operational Scope Under UNSCR 1701
UNSCR 1701 authorizes UNIFIL to support the Lebanese government in maintaining an “area free of any armed personnel, assets, and weapons other than those of the Government of Lebanon and UNIFIL” within the AO as clearly laid down. Additionally, UNSCR 1701 tasks the Lebanese government with securing national borders and requests UNIFIL to provide support upon request.
According to UNIFIL, “Any unauthorized crossing of the Blue Line by land or by air from any side constitutes a violation of Security Council Resolution 1701.” As part of its mandate, UNIFIL monitors these breaches and provides regular reports to the U.N. Security Council on the resolution’s implementation to safeguard UN premises, personnel, and property under international law.
Legal Framework for Violations of UN Property and Personnel
The question of legal recourse for damages to UN property and personnel was initially explored in 1949 following the assassination of Count Folke Bernadotte, the UN Mediator in Palestine, and other members of the UN mission. This incident led the UN General Assembly to request an Advisory Opinion from the International Court of Justice (ICJ) on whether the UN possessed the legal standing to bring a claim against the State responsible for reparation.
In its Advisory Opinion on April 11, 1949, the ICJ affirmed that the UN has the capacity to bring international claims for reparations. This decision was based on the assertion that the United Nations functions with a substantial measure of international legal personality, as outlined under Articles 104 and 105 of the UN Charter. The ICJ further ruled that the UN could seek reparations not only for direct damages to the Organization but also for harm suffered by UN personnel or other entities acting on its behalf.
The evolving security situation in southern Lebanon underscores the challenges faced by UN peacekeeping operations and the complex legal landscape surrounding violations of international law. As demonstrated by the ICJ’s 1949 Advisory Opinion, the United Nations retains the right to seek reparations and uphold its operational integrity when violations occur. Continuing adherence to UNSCR 1701, alongside vigilant monitoring and accountability for violations, remains vital to maintaining regional stability and the safety of UN personnel in Lebanon.
[Photo by Italian Army, CC BY 2.5, via Wikimedia Commons]
Abhinav Mehrotra is an Assistant Professor at O.P. Jindal Global University. His research interests include International law, Human rights law, UN studies, Refugee law, Child rights, and Transitional Justice.
Dr. Biswanath Gupta is an Associate Professor at O.P. Jindal Global University. His research interests include International Law, Air and Space Law. The views and opinions expressed in this article are those of the authors.
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