Lebanon under International Law
Opinion Analysis by Joelle El Sheikh, Staff Writer
September 5th, 2020
Disclaimer: In this article, the term “they” will refer to the political ruling class.
Heart filled with anger, eyes filled with tears as we ran from the tear gas, the rubber bullets, and the live bullets.
Exactly four days after the devastating Beirut Blast that destroyed our homes, hopes, and hearts, hundreds of thousands of desperate, vengeful, and bitter Lebanese people stormed down to the Marty’s Square, myself among them. This time, we did not demand reforms or change. This time, we demanded their heads. While it may sound extreme, it does not begin to compare to blowing up half the city with six-year-old ammonium nitrate. One would think that after being single-handedly responsible for the explosion they would understand our frustration; after all, they did leave hundreds dead, thousands injured, and hundreds of thousands homeless. However, we’re not dealing with typical corrupt leaders, we’re dealing with greedy monsters that choose power over human decency. The August 4th Blast, and the consecutive protests on the 8th, affirmed the reality that the government is capable of almost deliberately hurting its own people.
According to the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, “Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.”[1] Since all countries have a duty to incorporate international human rights law into their domestic legislation, it’s considered a violation of international law when officers of the law use excessive and unnecessary force against protesters.
Unfortunately, Lebanese security forces do not believe that such principle is applicable to them. Not only did they resort to violence as a first resort, but they also used it against peaceful protesters, i.e. those who were standing in Martyr’s Square. “Human Rights Watch also observed security forces fire a tear gas canister directly at a protester’s head, in violation of international standards, severely injuring him.”[2]
The ultimate purpose of law enforcement is not simply to ensure security; it’s to minimize injury and respect and preserve human life. From a purely legal perspective, law enforcement officials shall not resort to violent means unless there exists an imminent threat of death, serious injury, or to prevent the occurrence of a dangerous crime. Having been a personal spectator, I doubt that the peaceful protestors demanding justice in Marty’s Square posed a serious threat, especially acknowledging that they were not in close proximity to the officers.
“Human Rights Watch has documented the security forces’ excessive use of force against protesters, and tens have alleged torture by security forces, including severe beatings and threats of sexual violence.”[3] Referring back to the basic principles on the Use of Force and Firearms by Law Enforcement Officials, officers must ensure that assistance and medical aid are provided to treat injuries as fast as possible. Well, riddle me this: Can an officer treat an injury he caused? The stains of blood are still on the floor of Martyr’s Square, near the Mohammad Al-Amin Mosque, from the excessive beatings and use of force against protestors.
"Someone helped me to walk away because I wasn't able to walk after being hit,”[4] a photographer told Human Rights Watch. If tear gas and rubber bullets weren’t enough, security officers fired live ammunition, metal pellets, and kinetic impact projectiles such as rubber balls that reached health workers and first aid responders[5].
The brutality and use of force against protestors was not the only violation of international law that Lebanese bodies have committed. Freedom of speech and expression has been gravely threatened ever since the October Uprisings, and has reached a new level after the Explosion. They can physically, mentally, and emotionally torture us every day, but God-forbid we have anything negative to say about it.
According to the Human Rights Watch Report on Lebanon, “A spate of prosecutions since the outbreak of nationwide protests on October 17, 2019 against activists and journalists critical of government policies and corruption is threatening free speech and opinion in Lebanon.”[6] From arresting Maurice Al-Shamai on charges of “insulting the President”, to restricting media channels from covering major events, the ruling class has put in the effort to block freedom of expression to make sure their names remain clean. I wonder how they feel when they read what the international media says about them, or when foreign leaders meet with the people instead of them, or when French President Macron vowed to only give funds to organizations and NGOs…
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), clearly states that “Everyone shall have the right to hold opinions without interference.” Lebanon signed and ratified the ICCPR in 1972, which holds it responsible, on an international level, to abide by its articles. Hassan Yassine, a political activist that was arrested by the Internal Security Forces (ISF) on January 22, 2020, now faces charges for his involvement in the revolution and civil movement. Yassine appeared before the Military Tribunal and was charged by the military prosecutor with “forcefully resisting security forces.”[7] Note that a forensic doctor, who examined Yassine while he was still in detention, found his body bore marks of abuse, which, according to the Lawyers’ Committee for the Defense of Protesters, resulted from the ISF severely beating him during his interrogation at El Helou police station[8]. A 2017 Human Rights Watch Report investigation revealed the international law violations inherent in trying civilians before military courts in Lebanon.
“Instead of heeding the protesters’ demands for accountability, those in power in Lebanon are bringing criminal charges against activists and journalists exposing corruption and peacefully expressing their opinions on social media. Such practices only reinforce the need to reform Lebanon’s abusive criminal defamation laws immediately.”[9] Michael Page, Deputy Middle East Director, told Human Rights Watch.
The ruling class didn’t just rob us of our right to express, or our right to revolt, they robbed us from our right to life, liberty, and integrity, and now, housing.
References
[1] https://www.ohchr.org/en/professionalinterest/pages/useofforceandfirearms.aspx
[2] https://www.hrw.org/blog-feed/lebanon-protests
[3] https://www.hrw.org/blog-feed/lebanon-protests
[4] https://www.hrw.org/blog-feed/lebanon-protests
[5] https://www.hrw.org/news/2020/08/26/lebanon-lethal-force-used-against-protesters
[6] https://www.hrw.org/blog-feed/lebanon-protests
[7] https://www.hrw.org/blog-feed/lebanon-protests