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American Military University

Mehlis Investigation and Issues of Sovereignty

SS132: International Relations II

Dustin Reed DeMoss

December 17th, 2007

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On April 7th, 2005 the Mehlis investigation began at the decision of the

United Nations Security Council due to the assassination of Rafik Hariri on February 14th,

2005. During the course of the investigation a memorandum of understanding was signed

by the government of Lebanon with the commission, and the Syrian Arab Republic

acknowledged willingness to cooperate. The commission concluded that the assassination

of Rafik Hariri was carried out by “a group with an extensive organization and

considerable resources and capabilities.” (Mehlis 2005) The commission also said,

“There is converging evidence pointing at both Lebanese and Syrian involvement in this

terrorist act.” (Mehlis 2005) It became apparent to all sources involved that this act of

terrorism and political manipulation in Lebanon could plausibly be the result of a meeting

between Prime Minister Hariri and the President of Syria Bashar Al-Asaad when the two

individuals disagreed on the extension of terms for Lebanese President Emile Lahoud.

Several witnesses overheard Prime Minister Hariri threatened by President Al-Assad and

according to Saad Hariri the following was said by Al-Asaad, “This is what I want. If you

think that President Chirac and you are going to run Lebanon, you are mistaken. It is not

going to happen. President Lahoud is me. Whatever I tell him, he follows suit. This

extension is to happen or else I will break Lebanon over your head and Walid

Jumblat’s.” (Mehlis 2005) Throughout the course of the investigation the commission

noted that the Syrian Arab Republic cooperated with the ongoing matter in “form, not

substance.” (Mehlis 2005) The commission did not directly indicate the parties

responsible for the assassination of Mr. Hariri but throughout the report the proverbial

finger is pointed at President Al-Asaad.

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Emerging from this report and the consequences of the activities of those involved

in this assassination results in a question of national sovereignty whereby members of

government (Lebanese and Syrian) attempt to act with impunity and international

institutions are able to make examples of these situations, and restore the rule of

international law. Neighboring nations cannot be allowed to interrupt the political

processes and internal policies of one another through subversive means. Political

meddling and assassinations that transcend borders in the past have resulted in nations

waging war against one another. It is important that international institutions investigate

those involved in order that history is not doomed to repeat itself. It is important that the

Security Council Resolution 1595 investigate this incident without bias. This could be a

major factor in acquiring the cooperation of all parties involved due to the implied

importance of the situation.

In order to fully understand the contemporary problems between Syria and

Lebanon it is important to recognize the historical incidents which propelled the current

situation. Syria has long exerted influence over Lebanon and Arab nationalist consider it

to be “rightfully” part of the Syrian Arab Republic although Lebanon is a sovereign

nation of its own accord. The countries became independent of one another after World

War I, and since that time have never had formal diplomatic relations, which has resulted

in a tense relationship. In May 1976, at the request of Lebanese President Suleiman

Franjieh Syrian, troops were invited to protect the future of the country during a civil war

which lasted 13 years. The security provided by Syrian troops outlasted the civil war and

extended to 29 years due to joint agreements between the leaders of both Lebanon and

Syria. It wasn’t until May 2005 that Syria was forced to remove troops in accordance
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with Security Council Resolution 1559. Resolution 1559 was created due to Mehlis

report which brought to light the implementation by subversive means of a puppet

government in Lebanon for the benefit of Syria. Syria was beginning to hold the belief

and implement the idea that Lebanon was an extension of the Republic. Leaders in

Lebanon were faced with swearing allegiance to Syria or facing the possibility of

extermination, as evidenced by the assassination of Mr. Hariri.

The effort of the United Nations Security Council to commit to a

resolution concerning the sovereignty of Lebanon was dependent on various factors

which rarely result in success. Syria and Lebanon both complied with Security Council

resolutions which are a significant part of the process, but more often than not there is a

blatant disregard to these actions. Thankfully both nations understood the risk involved

and honored the resolutions. Syria could have faced sanctions and the Middle East’s

regional stability would have been jeopardized by the rise of civil unrest in Lebanon. If

not for these actions alone the results could have been catastrophic to implementing a

solution. Objectively, individuals must realize that it took a terroristic assassination for

the Security Council to comprehend and take action regarding the sovereignty of

Lebanon before it became perilous beyond repair. This is an unfortunate model for future

United Nations intervention regarding sovereignty. It is not foreseeable to have such a

successful compliance with resolutions in the future.

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Bibliography

Mehlis, Detlev. "International Independent Investigation Commission pursuant to Security

Council Resolution 1595." UN. October 20, 2005.
http://daccessdds.un.org/doc/UNDOC/GEN/N05/563/67/PDF/N0556367.pdf?OpenElement
(accessed December 17, 2007).