Israel-Hezbollah ceasefire hinges on 'self-defence' clause

Israel insists on 'freedom to act' against threats, while Hezbollah says any agreement must preserve Lebanon's sovereignty

US envoy Amos Hochstein is received ahead of a meeting with Lebanese parliament Speaker Nabih Berri, in Beirut, Lebanon. AP

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Ceasefire negotiations aimed at ending the devastating war between Hezbollah and Israel have entered a critical stage, with the primary sticking point involving the interpretation of a clause on “self-defence,” sources close to the discussions told The National.

US envoy Amos Hochstein is expected to hold talks with Israeli officials on Wednesday and Thursday following a visit to Beirut, where Lebanese officials involved in the negotiations sought clarifications on four main points and expressed their willingness to reach an agreement as soon as possible.

Mr Hochstein said on Wednesday that he made "additional progress” in talks with Lebanese officials, adding that he is travelling to Israel "to try and bring this to a close if we can”.

Meanwhile in Israel, Foreign Minister Gideon Sa’ar insisted that Israel “would like to reach an agreement that will stand the test of time” in Lebanon. He told ambassadors in Jerusalem that the Israeli army must maintain "the freedom to act if there are violations," according to Israeli media.

Hours later, Hezbollah leader Naim Qassem affirmed that his party is negotiating indirectly with Israel to "stop the aggression completely and preserve the Lebanese sovereignty so that the Israeli enemy does not get the right to invade and violate as he pleases".

"The Israeli side expects to achieve through the agreement what it could not secure in war, and this is not possible," he added, emphasizing that the ball is now in Israel's court. He also stated that Hezbollah is prepared for a "war of attrition" if negotiations fail, threatening attacks on central Tel Aviv.

The ceasefire proposal suggests a 60-day truce during which Israel would withdraw its troops from southern Lebanon within seven days in a “phased manner”, coinciding with Beirut posting its troops to the border.

According to several sources in Beirut, the majority of those points can be addressed; however, the main challenge lies in clearly defining the clause regarding the actions Israel and Lebanon – implicitly including Hezbollah – may take in defence when a “threat” is identified.

“There is a key clause related to the right of both sides to self-defence,” a source involved in the negotiations informed The National.

“Efforts are under way to reach a formula that satisfies both parties without implying that Israel has unrestricted freedom of movement or that Lebanon will sign a clause allowing Israeli aircraft unrestricted access to Lebanese airspace,” added the source.

The draft proposal, seen by The National, gives Israel the right to violate Lebanese air space “for the purpose of intelligence, surveillance, and reconnaissance only, and will not be visible to the naked eye to the degree possible”.

“Israeli flights will not break the sound barrier to the civilian population of Lebanon,” the document said.

Officials in Lebanon firmly reject any clause that Israel could use to violate Lebanese sovereignty, including via the air, as it has done in recent years. Senior Israeli officials have demanded the right to act against Hezbollah even if a deal is agreed.

Another political source close to the talks stated that there is also “caution on the Lebanese side regarding the Israeli government's position on the agreement during Hochstein's visit to Israel”.

“This government had previously been involved in formulating what became known as the Biden Plan proposals for Gaza but later obstructed the negotiations,” the source explained, referring to a Gaza truce deal presented by the US administration of President Joe Biden.

The plan, negotiated with Israel, was ultimately blocked by Israeli Prime Minister Benjamin Netanyahu.

“For this reason, Lebanon is proceeding cautiously while trying not to appear as the obstructing party, as its primary goal is to stop the war. Lebanon is thus working toward achieving a ceasefire agreement as soon as possible,” according to the political source.

Mr Hochstein's visit to Lebanon “is important in terms of form, content, and seriousness,” added the source. However, it “cannot be stated definitively that this visit will determine the final solution”.

Positive meetings

Mr Hochstein said in Beirut on Tuesday there was a “real opportunity” to end the war between Hezbollah and Israel, and that a solution was “within our grasp”. He made the comments after meeting Nabih Berri, the Lebanese parliamentary Speaker who is close to Hezbollah and has been negotiating on its behalf. The two officials met again on Wednesday.

Lebanese analyst Ibrahim Rayhan said the meetings between Mr Berri and Mr Hochstein appeared to have been “positive”.

The meetings in Beirut were at “refining the Lebanese side's comments” and finalising details before Mr Hochstein, who mediated a landmark maritime border deal between Lebanon and Israel in 2022, began his talks with Israeli officials.

“We are, therefore, in critical hours regarding the ceasefire,” warned the analyst. “The Lebanese and American parties remain cautiously optimistic, with all sides waiting to see how the Israeli position evolves.”

On Tuesday, political sources in Beirut told The National that, in addition to the self-defence clause, Lebanese officials sought clarification from the visiting US envoy on other key points.

One of the points relates to a proposed committee, which negotiators insist should be a military body led by a US general, with expanded membership to include representatives from Britain and Germany.

“There are several concerns from the Lebanese side. Why a US general? An American diplomat could serve as an alternative,” one of the sources said.

Lebanese officials have repeatedly said they are committed to implementing UN Security Council Resolution 1701, which ended the 2006 Israel-Hezbollah war and requires all armed forces except the Lebanese army and UN peacekeepers to withdraw from the Lebanese side of the border with Israel. It also requires Israeli troops to withdraw from Lebanon – but the resolution was never fully implemented.

Another point Lebanon sought clarification over pertains to the role of the committee.

“If this committee is tasked with receiving complaints of violations and taking action, it effectively sidelines Resolution 1701 and the United Nations as the governing framework. This raises Lebanese suspicions. Lebanon prefers to retain the existing committee already in place,” the political source noted.

A ceasefire is the priority

Another concern involves the Lebanese army, which would bolster its presence in the south. “Under this proposal, the committee would issue instructions to the army, effectively bypassing the Lebanese government. This creates fears that the army could become a marginal force in the south, overshadowed by Unifil. Such a shift would mark a significant change to the framework of Resolution 1701,” the political source added.

There is growing apprehension in Lebanon that these measures could “undermine the essence and objectives” of Resolution 1701.

Israel intensified its attacks on Lebanon in late September, killing thousands and devastating much of the country. More than 3,500 people have been killed and 1.4 million displaced since conflict broke out in the border regions in October last year, in parallel with Israel's war on Gaza.

While Hezbollah's senior leadership has been virtually wiped out, the Iran-backed group continues to launch regular attacks on Israel – including hitting Tel Aviv on Monday night.

US State Department spokesman Matthew Miller said Washington was pushing for “full implementation” of UNSCR 1701. Senior Lebanese officials have said they want to put the resolution into effect, but Israel has suggested the terms are no longer tenable.

Lebanese caretaker Prime Minister Najib Mikati, who met Mr Hochstein after his talks with Mr Berri, said the country's priority was a ceasefire, but one that preserved sovereignty over Lebanese territory.

In his televised speech, Mr Qassem expressed his party's readiness to take a more active role in political life following the war, notably without referencing its military power, hinting at a possible shift in focus.

He explained that the heavily armed militant group would contribute to reconstruction efforts, support the election of a new president after years of political stalemate, and take a more active role in political life.