Hezbollah In International Law
By (author) Rebeiz, Mireille
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By (author) Rebeiz, Mireille
Short description/annotation:
Examines the legal status of Hezbollah as a State or a non-State actor.
Description:
In the context of the 2005 attack that killed Prime Minister Rafic Hariri, the 2006 war with Israel, the 2008 internal armed conflict in Lebanon, the Syrian civil war and the current war in Gaza, this book studies the legal status of Hezbollah as a State or a non-State actor. There are important consequences to this distinction, ones that relate to international law, the qualification of an armed conflict and combatants as well as Lebanon''s responsibilities toward the international community for complicity in the wrongdoings of a State (Iran) and a non-State actor (Hezbollah). After exploring Hezbollah''s history and domestic law, the book argues that Lebanon legalised Hezbollah as an armed group and political party, and while Hezbollah acts at times as the State of Lebanon, it cannot be considered a State and subject of international law as it lacks State elements. As an alternative, Mireille Rebeiz proposes to adopt the theory of quasi-State, where a failed State co-exists with a non-State actor and shares its sovereignty. Following the 7th October attacks and the ongoing conflict with Israel, the question of the legal status of Hezbollah remains valid today.
Description:
In the context of the 2005 attack that killed Prime Minister Rafic Hariri, the 2006 war with Israel, the 2008 internal armed conflict in Lebanon, the Syrian civil war and the current war in Gaza, this book studies the legal status of Hezbollah as a State or a non-State actor. There are important consequences to this distinction, ones that relate to international law, the qualification of an armed conflict and combatants as well as Lebanon’s responsibilities toward the international community for complicity in the wrongdoings of a State (Iran) and a non-State actor (Hezbollah). After exploring Hezbollah’s history and domestic law, the book argues that Lebanon legalised Hezbollah as an armed group and political party, and while Hezbollah acts at times as the State of Lebanon, it cannot be considered a State and subject of international law as it lacks State elements. As an alternative, Mireille Rebeiz proposes to adopt the theory of quasi-State, where a failed State co-exists with a non-State actor and shares its sovereignty. Following the 7th October attacks and the ongoing conflict with Israel, the question of the legal status of Hezbollah remains valid today.
Table of contents:
Acknowledgements Abbreviations Transliteration 1. General Introduction Rationale Research Questions Theoretical Frame The Structure of this Study Methodology & Challenges Sources Scope and Limits Part I. Hezbollah in Domestic Laws Introduction to Part I 2. The History of Lebanon and the Rise of Hezbollah A History of the Lebanese Civil War Hezbollah’s Birth 3. Hezbollah’s Legal Classification in Domestic Law The 1909 Law on Associations The Taif Agreement, the 1991 General Amnesty Law and Hezbollah Conclusion to Part I Part II. The Statehood of Hezbollah in International Law Introduction to Part II 4. What is a State? Origins of Statehood: The Westphalian Definition Statehood as an Entity with Personality State Recognition: Effectiveness versus Recognition Theories State and Non-State Actor 5. Hezbollah: A State Actor in Times of Peace and War? Hezbollah and the Lebanese State After 1992 Hezbollah in Armed Conflict Conclusion to Part II Part III. Hezbollah: A Non-State Actor Introduction to Part III 6. General Comments on Non-State Actors The Growing Role of Non-State Actors Non-State Actors and the Use of Force 7. What Kind of Non-State Actor is Hezbollah? Hezbollah: A National Liberation Movement or Insurgents? Hezbollah: A Terrorist Non-State Actor 8. State and Non-State Actors’ Responsibility General Definition of Complicity Forms of Complicity State Comp
Short description/annotation:
Examines the legal status of Hezbollah as a State or a non-State actor.
Description:
In the context of the 2005 attack that killed Prime Minister Rafic Hariri, the 2006 war with Israel, the 2008 internal armed conflict in Lebanon, the Syrian civil war and the current war in Gaza, this book studies the legal status of Hezbollah as a State or a non-State actor. There are important consequences to this distinction, ones that relate to international law, the qualification of an armed conflict and combatants as well as Lebanon''s responsibilities toward the international community for complicity in the wrongdoings of a State (Iran) and a non-State actor (Hezbollah). After exploring Hezbollah''s history and domestic law, the book argues that Lebanon legalised Hezbollah as an armed group and political party, and while Hezbollah acts at times as the State of Lebanon, it cannot be considered a State and subject of international law as it lacks State elements. As an alternative, Mireille Rebeiz proposes to adopt the theory of quasi-State, where a failed State co-exists with a non-State actor and shares its sovereignty. Following the 7th October attacks and the ongoing conflict with Israel, the question of the legal status of Hezbollah remains valid today.
Description:
In the context of the 2005 attack that killed Prime Minister Rafic Hariri, the 2006 war with Israel, the 2008 internal armed conflict in Lebanon, the Syrian civil war and the current war in Gaza, this book studies the legal status of Hezbollah as a State or a non-State actor. There are important consequences to this distinction, ones that relate to international law, the qualification of an armed conflict and combatants as well as Lebanon’s responsibilities toward the international community for complicity in the wrongdoings of a State (Iran) and a non-State actor (Hezbollah). After exploring Hezbollah’s history and domestic law, the book argues that Lebanon legalised Hezbollah as an armed group and political party, and while Hezbollah acts at times as the State of Lebanon, it cannot be considered a State and subject of international law as it lacks State elements. As an alternative, Mireille Rebeiz proposes to adopt the theory of quasi-State, where a failed State co-exists with a non-State actor and shares its sovereignty. Following the 7th October attacks and the ongoing conflict with Israel, the question of the legal status of Hezbollah remains valid today.
Table of contents:
Acknowledgements Abbreviations Transliteration 1. General Introduction Rationale Research Questions Theoretical Frame The Structure of this Study Methodology & Challenges Sources Scope and Limits Part I. Hezbollah in Domestic Laws Introduction to Part I 2. The History of Lebanon and the Rise of Hezbollah A History of the Lebanese Civil War Hezbollah’s Birth 3. Hezbollah’s Legal Classification in Domestic Law The 1909 Law on Associations The Taif Agreement, the 1991 General Amnesty Law and Hezbollah Conclusion to Part I Part II. The Statehood of Hezbollah in International Law Introduction to Part II 4. What is a State? Origins of Statehood: The Westphalian Definition Statehood as an Entity with Personality State Recognition: Effectiveness versus Recognition Theories State and Non-State Actor 5. Hezbollah: A State Actor in Times of Peace and War? Hezbollah and the Lebanese State After 1992 Hezbollah in Armed Conflict Conclusion to Part II Part III. Hezbollah: A Non-State Actor Introduction to Part III 6. General Comments on Non-State Actors The Growing Role of Non-State Actors Non-State Actors and the Use of Force 7. What Kind of Non-State Actor is Hezbollah? Hezbollah: A National Liberation Movement or Insurgents? Hezbollah: A Terrorist Non-State Actor 8. State and Non-State Actors’ Responsibility General Definition of Complicity Forms of Complicity State Comp
