MTV Information reported that the Forces Ministers proposed to the Council of Ministers a constitutional and legal memorandum that includes the steps that the government must take using legal, constitutional, judicial and military tools to implement its decisions, impose its sovereignty, and preserve civil peace in light of the ongoing war, threats, and rebellion against its decisions.
It was agreed with the President of the Republic that it would be discussed in the next session based on the proposal of the Prime Minister.
In detail, in a remarkable political-legal step, the Lebanese Forces ministers submitted a legal memorandum to the Lebanese Council of Ministers, in which they demanded that it bear the constitutional and legal responsibilities resulting from Lebanon’s involvement in armed conflicts outside the framework of the state, calling for immediate measures that begin with restricting weapons in the hands of the state, all the way to prosecuting those responsible and bearing the cost of the damages.
A legal, not a political, note
The memorandum, which was addressed to the Prime Minister and the ministers, stressed that it “does not fall within the framework of a political proposal or administrative recommendation,” but rather comes to hold legal and constitutional responsibilities for “dangerous actions that led to Lebanon entering into armed conflicts without any constitutional or legal basis,” considering that this constitutes a violation of state sovereignty and citizens’ basic rights.
The memorandum considered that an organized team outside state institutions took decisions on war and peace unilaterally, which it considered “a usurpation of state authority,” “a violation of the principle of the rule of law,” and “an assault on the constitutional rights of citizens,” stressing that these actions may rise to the level of criminal, civil, and international responsibility.
Eight basic demands
The memorandum included eight main demands that the ministers considered necessary to reestablish state authority, the most prominent of which are:
1. Limiting weapons to the state
The memorandum called for the immediate implementation of governmental and international decisions related to restricting weapons to the state, while setting a binding time plan. In the event that implementation is not possible with the state’s own capabilities, it called on the government to request international assistance based on Chapter Seven of the United Nations Charter.
2. Establishing legal responsibility
The memorandum called on the Council of Ministers to consider every party that participated or contributed to bringing Lebanon into armed conflicts without legitimate authorization legally responsible for the damages, and to assign the competent authorities to prepare legal files to determine individual and institutional responsibilities.
3. Initiating criminal prosecutions
The memorandum called on the Cassation Public Prosecution to immediately initiate public prosecution against anyone proven to be involved in incitement, threats, or rebellion against state authority, stressing that refraining from prosecution constitutes a violation of the principle of justice.
4. Refusing to bear citizens the cost of damages
The ministers refused to burden the Lebanese people with the cost of reconstruction, considering that responsibility should fall on those responsible directly or through an intermediary, and they rejected any tax or financial policies that transfer the burden to the citizens.
5. Establish a national registry of damages
The memorandum called for the creation of an official, documented record of damages, which constitutes a basis for claiming compensation before international bodies and filing lawsuits against responsible parties.
6. Re-extending state authority
I called for the immediate reinforcement of the Lebanese Army’s deployment and that any area outside the state’s control be considered an illegitimate situation that must be ended under the direct supervision of the Council of Ministers.
7. Protecting the economy
The memorandum proposed exceptional measures to support the affected sectors, including tax and customs exemptions and suspension of legal deadlines, provided that they are linked to the principle of not bearing the consequences of the crime on the victim.
8. Preventing borrowing to finance damages
The ministers refused to resort to external borrowing to finance the outcomes of conflicts, considering that this constitutes a violation of the principle of rational management of public funds and an attack on the rights of future generations.
Constitutional and legal reference
The memorandum was based on a group of constitutional and legal texts, most notably Articles 7, 65, and 67 of the Lebanese Constitution and the Taif Agreement, in addition to articles from the Penal Code and the Code of Criminal Procedure, as well as international resolutions such as Resolution 1559 and the Geneva Conventions, considering that these references require the state to take decisive measures.
Personal liability warning
The ministers concluded their memorandum with a clear warning that any failure to perform constitutional duties may constitute “collusion with the constitutional violation” and expose members of the Council of Ministers to personal responsibility before the domestic judiciary and international bodies, stressing that “political pretexts do not exempt from responsibility.”
