A US-backed framework agreement between Lebanon and Israel could prevent victims of alleged war crimes from seeking international justice while prolonging the displacement of civilians from southern Lebanon, human rights organisations have warned.

The agreement, signed in Washington on June 26, contains provisions that could restrict both governments from pursuing cases before international institutions, including the International Criminal Court and the International Court of Justice.

Rights groups argue that political negotiations cannot remove victims’ rights to accountability, compensation and effective legal remedies for serious violations of international law.

Restrictions on international legal action

Clause 13 of the agreement commits Lebanon and Israel to ending “hostile or adverse actions in international political or legal fora.”

Legal experts fear the language could be interpreted as preventing either government from filing cases, supporting investigations or pursuing accountability through international courts.

Such a restriction could conflict with states’ obligations to investigate and prosecute war crimes, crimes against humanity and other grave violations committed on their territories.

The agreement does not appear to include similar restrictions on Israeli legal or diplomatic action against Hezbollah.

Return tied to disarmament

Clause 3 has also raised concerns because it links the return of residents to areas along the border with the disarmament of non-state armed groups and the dismantling of their military infrastructure.

Rights organisations warn that this condition could allow the displacement of civilians to continue indefinitely, even after active fighting has ended.

Under international humanitarian law, displaced civilians must be allowed to return once hostilities or the original reasons for their displacement no longer exist. Their return cannot be used as leverage in political or security negotiations.

Although the agreement acknowledges the importance of civilians returning safely to southern Lebanon, it makes both their return and reconstruction dependent on conditions requiring further confirmation.

Thousands killed and displaced

More than 8,700 people, including at least 569 children and 357 medical workers, have been killed in Lebanon since October 2023, according to the Lebanese Health Ministry.

Israeli attacks have also killed identifiable journalists and emergency workers, while Hezbollah attacks have killed civilians in Israel.

Hundreds of thousands of Lebanese residents remain displaced, and Israeli forces continue to occupy large areas of southern Lebanon where residents have been prevented from returning.

The agreement does not establish a clear process for investigating alleged violations or providing reparations to families whose relatives were killed, injured or forcibly displaced.

It also fails to address claims involving the unlawful destruction of homes, agricultural land, medical facilities and civilian infrastructure.

Evidence being preserved

A United Nations assessment team is currently documenting alleged violations of international humanitarian and human rights law in Lebanon.

The team is collecting and preserving information that could potentially be used in future accountability proceedings. Its mandate also includes examining available legal options for victims.

Human rights organisations argue that any lasting agreement must place victims’ rights at its centre rather than treating justice as an obstacle to political negotiations.

Without credible investigations, reparations and guarantees that violations will not be repeated, they warn that the agreement risks reinforcing the culture of impunity that has shaped successive conflicts between Lebanon and Israel.