Constitutional Challenges, Tactical Delays
The most dangerous clauses are those that reach beyond the battlefield. Any language requiring the parties to cease “hostile” or “adverse” action in international political or legal forums should alarm ordinary Lebanese, victims of war crimes and defenders of international law.
Lebanon cannot match Israel militarily, and thus its only remaining tools are diplomatic, legal and political. To constrain those tools – such as Lebanon’s accession to the International Criminal Court – in the name of “de-escalation” is to disarm the state in the very arenas where it still has some leverage.
There is also a deeper constitutional problem. Given the level of blowback, the Lebanese president and prime minister may eventually wish to present the declaration as a political understanding rather than a binding agreement. But labels do not settle substance. If the text touches on war and peace, territorial arrangements, international obligations, security deployments, recognition, withdrawal or restrictions on Lebanon’s legal conduct, then it is no longer merely diplomatic theatre.
Lebanon’s constitutional order does not give any one official the right to make such commitments alone. Treaties and international accords require institutional approval. Matters of war, peace and national security fall within the authority of the Council of Ministers, and major decisions require more than presidential will or prime ministerial consent.
A declaration of intent cannot be used to smuggle treaty-like obligations past the state’s own constitutional safeguards. Lebanon’s constitution also obliges the state to preserve its territorial integrity, meaning no declaration can quietly normalise an Israeli security presence or condition Lebanese sovereignty on Israel’s assessment of Hezbollah’s disarmament.
This is where the agreement becomes politically explosive. Hezbollah and the Amal Movement, along with their allies and other opposed actors, have every incentive to push the declaration into Lebanon’s machinery of delay. They can argue, correctly, that it requires cabinet approval. They can question whether it amounts to normalisation.
They can demand clarity on Israeli withdrawal. They can object to any clause limiting Lebanon’s right to pursue Israel legally. They can drag the process into committees, constitutional arguments and procedural paralysis.
Normally, this would be treated as another example of Lebanon’s political dysfunction. In this case, the irony is sharper: delay may be the least dangerous option available.