Last week, the European Union succumbed to U.S./Israel pressure and designated the so called “military wing” of the Lebanese political party/social organization/militia , Hezbollah, as a “terrorist organization”. The decision made by politicians in Brussels has left the EU professional diplomats and legal experts with a major mess to try and sort out. The problems were immediately evident. While an EU spokesperson in Brussels was acclaiming the important consequences of this action, the EU Ambassador to Lebanon, Angeline Eichhorst, was meeting with Hezbollah and other Lebanese leaders in Beirut to explain that this action would have no impact on EU relations with Hezbollah or Lebanon. My reaction was “have they lost it?”
Among the problems that this ill-considered action creates is “who exactly is being blacklisted?” There is no clearly defined line between the “military wing” of Hezbollah and its political and social activities. This was demonstrated during the 2006 Israeli invasion of Lebanon. Hezbollah members abandoned their positions as dentists, political figures, farmers etc., reclaimed their AK-47s and grenade launchers from their closets or under their beds and joined the fight against the invader. While there is a professional component to the Hezbollah militia, by and large it is the consummate citizen army.
The U.S. gets around this problem by blacklisting all of Hezbollah. During my last visit to Beirut, I was treated to one of the bizarre consequences of this position when a U.S. diplomat responsible for non-military aid to Lebanon told me that she could not meet with the government minister responsible for disseminating this aid because he was a member of Hezbollah. She had to rely on the Swiss to coordinate with the Lebanese government.
Everyone is puzzled about how the EU will distinguish between the “Civil Wing” and the “Military Wing” of Hezbollah. My friend Franklin Lamb, an American writer and researcher based in Beirut, describes the issues in a recent article.
“According to a lawyer at the American Society of International Law in Washington DC, the EU decision was a big mistake from an international law standpoint and could be an international lawyer’s worst nightmare or a dream come true. Which would depend if the lawyer was representing the EU in trying to unravel the civil-military conundrum or advising thousands of EU member states businesses and agencies wanting to continue any business with the Lebanese government, UNIFIL, or countless NGO’s who regularly interact with Hezbollah. (sic)
‘It’s a real legal mess!’ the ASIL source explained, as he described the legal confusion the EU action caused. ‘The best thing for EU credibility and international relations right now on this subject would be for the EU to forget what it did and to desist from any implementation whatsoever. And then let the designation be removed after the six months trial period as provided by EU regulations. Otherwise, their decision will swamp courtrooms and complicate Middle East-European political and economic relations with challenges from all points on the compass with uncertain outcomes to say the least’.” (The whole article is here.)
(Photos from al Manar)