On November 10, Israeli Prime Minister Benjamin Netanyahu said he had “personally” authorized the booby-trapped and booby-trapped walkie-talkie attacks committed against Hezbollah in Lebanon on September 17 and 18. Information confirmed the next day by Omer Dostri, its spokesperson, without justifying a legal framework. We just found out that the order had been given against the advice “senior defense officials and their political leaders”in reference to the Minister of Defense, Yoav Gallant, dismissed on November 5.
This statement received little response. For world public opinion, this matter is limited to the images of Hezbollah members affected by the explosion of the devices they were carrying, and Netanyahu’s announcement was an open secret. However, the allegation, by a head of government, of a clandestine armed operation on the soil of a sovereign country is rare and carries a legal risk for those who assume it. By nature, these actions are intended to remain secret so as not to expose the intelligence services to the maneuver. But, above all, they must remain clandestine so as not to give arguments to the courts, in case of prosecution, to return to the political authority that endorsed them.
Because if the Mossad operation against Hezbollah yields a number of civilian victims incomparable to that caused by the destruction of Gaza (43,900 dead) or that of the open war that began on September 23 in Lebanon (2,700), it is not free of legal risks. . . In theory, national or international courts can investigate the pager issue. According to the Lebanese Ministry of Health, the explosion of these devices caused 39 deaths and more than 3,000 injuries.
Fragments of ongoing research
According to Françoise Bouchet-Saulnier, legal director of Doctors Without Borders, two legal frameworks can be applied: “International human rights law if we consider that this is a response related to the fight against terrorism, including the use of targeted killings, or international humanitarian law if we consider that this operation refers to a non-international armed conflict between Israel and Lebanese Hezbollah. »
According to our information, the relatives of those killed or injured by the explosion of these devices have already carried out legal consultations with a view to possible remedies. They could resort to Lebanese or foreign justice, in the case of people with dual nationality, but also to the International Criminal Court. States can also request compensation. In this case, only the International Court of Justice, already appealed, for example, by South Africa for alleged acts of genocide against Israel, or the United Nations, in the name of violation of the United Nations Charter, would be empowered to initiate proceedings. .
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