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THE MIDDLE EAST: Solution and Resolution
By Abraham D. Sofaer
The road to peace in Lebanon runs through Damascus.
The only question is whether Syria is more interested in real estate or in
supporting terrorism. By Abraham
D. Sofaer.
Security Council Resolution 1701, adopted unanimously
on August 12, contains the bases on which a lasting peace could be
established along the Lebanon/Israel border and true sovereign authority
transferred to Lebanon’s government. But these objectives will
succeed only if the resolution’s demands are met. And although the
new resolution has elements that make it stronger in some ways than its
predecessor, Resolution 1559, those new elements—and Israel’s
effort to weaken Hezbollah—are unlikely in themselves to bring about
a different outcome. Successful implementation depends on convincing Syria
to end its policy of allowing Hezbollah to be used by Iran to destabilize
Israel’s security.
Sheikh Hassan Nasrallah and Mahmoud Ahmadinejad by Taylor Jones for the Hoover Digest.
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Resolution 1701 calls for Israel to withdraw from
Lebanon only as the Lebanese Army and an expanded United Nations force
assume control. It calls on Lebanon and Israel to support a
“permanent cease-fire and a long-term solution” based on full
respect for the Blue Line border between Israel and Lebanon; an arms-free
zone south of the Litani River; Hezbollah’s disarmament; and an end
to the importation of weapons. These outcomes, however, all depend on the
Lebanese government’s determination and capacity.
The U.N. force is authorized only to assist the
Lebanese government. It has no authority to act on its own in enforcing the
resolution’s demands, although it has recently been given reasonably
robust rules of engagement. Furthermore, although Hezbollah said it would
comply with Resolution 1701, Sheikh Hassan Nasrallah has already used
language in the resolution to link Hezbollah’s obligation to disarm
with the solution of both the Shebaa Farms and the Lebanese prisoner
issues. Regarding the former, 1701 (although confirming the border agreed
to by Israel and the Lebanese government) calls on the secretary-general to
develop proposals for delineating the international borders of Lebanon,
especially in those areas where the border is disputed or uncertain,
including the Shebaa Farms area. On prisoners, the resolution encourages
the efforts aimed at urgently settling the issue of Lebanese prisoners
detained in Israel. The Shebaa Farms and prisoner issues, after all, were
the principal bases on which Hezbollah carried out its attack and abducted
Israeli soldiers.
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If victory over Hezbollah can best be ensured by turning Damascus away from its current policies, then we should be persuading Damascus to do just that.
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The resolution may also limit Israel’s capacity
to defend itself. The U.N. force will have greater authority than it has
had in the past to use force “to ensure that its area of operations
is not utilized for hostile activities of any kind.” But it will also
have authority to use force “to protect civilians under imminent
threat of physical violence.” This obligation is not qualified to
allow Israel to act in its reasonable self-defense. Hezbollah will be able
again to infiltrate the communities in southern Lebanon and use residents
as shields in attacking Israel. The U.N. force is likely to regard itself
as required to stop Israel from harming those civilians. Moreover, 30,000
troops is a larger number than were in southern Lebanon before the new
resolution but a small force to control 900 square kilometers.
Bashar al-Assad by Taylor Jones for the Hoover Digest.
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Dealing with Damascus
The underlying problem that must be addressed to
create stability in the area is the fact that the Lebanese government has
been incapable of controlling Hezbollah, which has been armed by Iran with
Syria’s cooperation. It is difficult to believe that the Lebanese
government will now be able to control Hezbollah without Hezbollah’s
acquiescence, which is likely to depend, not so much on what Lebanon,
Israel, and the U.N. Interim Force in Lebanon do, but on whether Syria
supports the changes.
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Successful implementation of U.N. Resolution 1701 depends on convincing Syria to stop permitting Iran to use Hezbollah to destabilize Israel.
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Resolution 1701 pointedly calls on all states to
“take the necessary mea-sures to prevent” the supply by their
nationals or from their territories of all forms of military equipment and
training to any entity or individual in Lebanon, other than to the
government of Lebanon or to the U.N. force. Iran and Syria will violate
this provision if they continue supplying and supporting Hezbollah. But the
resolution does not authorize any sanction for violating this provision,
and Syria and Iran have already violated with impunity a similar resolution
adopted after the attacks of 9/11.
Condoleezza Rice put it well when she noted that it
was her “turn” to negotiate a peace between Israel and one of
its neighbors. She has done well so far in putting in place a resolution
that contains sound principles on the basic issues. She must now proceed
with the part of the process on which future stability depends: determining
how to get Syria to end its policy of using Hezbollah to create
instability. This will be a two-way process in which she must tell Damascus
what Washington wants and also listen to what Damascus wants—though
not necessarily give it what it seeks. She must engage Syria to warn it of
the consequences of continuing a policy that must someday soon be forced to
end (not only in Lebanon but in Gaza and Iraq as well), and to offer
assistance in securing legitimate ends.
To that end, Rice might consider Henry
Kissinger’s reaction to Anwar Sadat’s attack on Israel in 1973.
Egypt would have destroyed Israel then if it could have. But Sadat’s
aim was to get back all Egyptian territory lost in the 1967 war. Rather
than condemning Sadat for invading Sinai, Kissinger acknowledged that the
United States had paid too little attention to Israel’s occupation of
Egyptian territory and that Sadat had “got our attention.” He
secured a cease-fire and then brought about a series of disengagements by
Israel, with reciprocal commitments by Egypt, laying the groundwork for the
Camp David talks and the treaty that has now held for almost 30 years.
Rice will not secure Syria’s cooperation by
simply asserting that Damascus “knows what it has to do.”
Indeed, Damascus has done what it believes it has had to do to get the
attention it seeks. And it will presumably continue to do this until Israel
withdraws from the territory Syria lost in 1967. Israel has legitimate
concerns in surrendering the Golan Heights, but they are not insurmountable
and do not justify a stance that in effect tells Syria that it will never
regain sovereign control.
Territory for Peace
Despite the difficulties involved, the key objective
of Israel and its allies, as well as of any state or group interested in
securing progress in the Middle East, is to make it possible for Israel to
withdraw from non-Israeli territory without causing increased insecurity
and danger for its people. Although some of Israel’s supporters speak
of destroying and subjugating its enemies, the Israeli people know better
than to pursue so futile a policy, and have shown a willingness to return
territory for peace. Treaties now exist between Israel and both Egypt and
Jordan.
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The U.N. force is authorized only to assist the Lebanese government. It has no authority to act on its own.
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When it became clear to then–prime minister
Ariel Sharon that the Palestinians were determined to make war on Israel,
he established the policy of withdrawing from Gaza and building a fence to
separate Israelis from Palestinian areas. He did not expect peace because
of disengagement; he disengaged because he concluded that peace was
unobtainable and that separation was a more effective way to fight. The
Olmert government was elected to continue the process of disengagement
begun by Sharon; its ability to do so will depend on the international
community’s understanding its need to suppress the attacks that
continue from Gaza.
Resolutions 242 and 338, which establish the
principle of territory for peace, are cited in the final operative
paragraph of 1701 as the ultimate objective for “a comprehensive,
just and lasting peace.” That principle applies as much to Syrian
territory as it does to Lebanese or Egyptian territory. As uncomfortable as
it may be to recognize, Syria must be given our attention. Fighting
Hezbollah is indeed part of the war on terror that must be fought and won.
But if victory over Hezbollah can best be ensured by turning Damascus away
from its current policies (along with an end to Syrian support for terror
in Gaza and Iraq), then that is what we should try to do, conveying both a
willingness to deal with Damascus fairly, as well as a determination to
hold it accountable for failing to comply with Resolution 1701’s
demands.
Reprinted from the Wall
Street Journal © 2006 Dow Jones &
Company. All rights reserved.
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Abraham D. Sofaer, who served as legal adviser to the U.S. Department of State from 1985 to 1990, was appointed the first George P. Shultz Distinguished Scholar and Senior Fellow at the Hoover Institution in 1994.
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