Lebanon-Israel
Armistice Agreement
23 March 1949
The negotiations took place at Naqoura
(Rosh Hanikra), the border station on the Lebanon-Israeli southern frontier. There were
few problems, progress was rapid, and on 23 March the agreement was signed. It ratified
the international border between Palestine and Lebanon as the armistice line. Israeli
forces withdrew from a number of Lebanese villages seized during operations in October
1948. Text of the agreement:
Preamble
The Parties to the present Agreement,
Responding to the Security Council
resolution of 16 November 1948, calling upon them, as a further provisional measure under
Article 40 of the Charter of the United Nations and in order to facilitate the transition
from the present truce to permanent peace in Palestine, to negotiate an armistice;
Having decided to enter into negotiations
under United Nations Chairmanship concerning the implementation of the Security Council
resolution of 16 November 1948; and having appointed representatives empowered to
negotiate and conclude an Armistice Agreement;
The undersigned representatives, having
exchanged their full powers found to be in good and proper form, have agreed upon the
following provisions:
Article I
With a view to promoting the return of
permanent peace in Palestine and in recognition of the importance in this regard of mutual
assurances concerning the future military operations of the Parties, the following
principles, which shall be fully observed by both Parties during the armistice, are hereby
affirmed:
1. The injunction of the Security Council
against resort to military force in settlement of the Palestine question shall henceforth
be scrupulously respected by both Parties.
2. No aggressive action by the armed forces
- land, sea or air - of either Party shall be undertaken, planned, or threatened against
the people or the armed forces of the other; it being understood that the use of the term
"planned" in this context has no bearing on normal staff planning as generally
practised in military organisations.
3. The right of each Party to its security
and freedom from fear of attack by the armed forces of the other shall be fully respected.
4. The establishment of an armistice
between the armed forces of the two Parties is accepted as an indispensable step toward
the liquidation of armed conflict and the restoration of peace in Palestine.
Article II
With a specific view to the implementation
of the resolution of the Security Council of 16 November 1948, the following principles
and purposes are affirmed:
1. The principle that no military or
political advantage should be gained under the truce ordered by the Security Council is
recognised.
2. It is also recognised that no provision
of this Agreement shall in any way prejudice the rights, claims and positions of either
Party hereto in the ultimate peaceful settlement of the Palestine question, the provisions
of this Agreement being dictated exclusively by military considerations.
Article III
1. In pursuance of the foregoing principles
and of the resolution of the Security Council of 16 November 1948, a general armistice
between the armed forces of the two Parties - land, sea and air - is hereby established.
2. No element of the land, sea or air
military or para-military forces of either Party, including non-regular forces, shall
commit any warlike or hostile act against the military or para-military forces of the
other Party, or against civilians in territory under the control of that Party; or shall
advance beyond or pass over for any purpose whatsoever the Armistice Demarcation Line set
forth in Article V of this Agreement; or enter into or pass through the air space of the
other Party or through the waters within three miles of the coastline of the other Party.
3. No warlike act or act of hostility shall
be conducted from territory controlled by one of the Parties to this Agreement against the
other Party.
Article IV
1. The line described in Article V of this
Agreement shall be designated as the Armistice Demarcation Line and is delineated in
pursuance of the purpose and intent of the resolution of the Security Council of 16
November 1948.
2. The basic purpose of the Armistice
Demarcation Line is to delineate the line beyond which the armed forces of the respective
Parties shall not move.
3. Rules and regulations of the armed
forces of the Parties, which prohibit civilians from crossing the fighting lines or
entering the area between the lines, shall remain in effect after the signing of this
Agreement with application to the Armistice Demarcation Line defined in Article V.
Article V
1. The Armistice Demarcation Line shall
follow the international boundary between the Lebanon and Palestine.
2. In the region of the Armistice
Demarcation Line the military forces of the Parties shall consist of defensive forces only
as is defined in the Annex to this Agreement.
3. Withdrawal of forces to the Armistice
Demarcation Line and their reduction to defensive strength in accordance with the
preceding paragraph shall be completed within ten days of the signing of this Agreement.
In the same way the removal of mines from mined roads and areas evacuated by either Party,
and the transmission of plans showing the location of such minefields to the other Party
shall be completed within the same period.
Article VI
All prisoners of war detained by either
Party to this Agreement and belonging to the armed forces, regular or irregular, of the
other Party, shall be exchanged as follows:
1. The exchange of prisoners of war shall
be under United Nations supervision and control throughout. The exchange shall take place
at Ras en Naqoura within twenty-four hours of the signing of this Agreement.
2. Prisoners of war against whom a penal
prosecution may be pending, as well as those sentenced for crime or other offence, shall
be included in this exchange of prisoners.
3. All articles of personal use, valuables,
letters, documents, identification marks, and other personal effects of whatever nature,
belonging to prisoners of war who are being exchanged, shall be returned to them, or, if
they have escaped or died, to the Party to whose armed forces they belonged.
4. All matters not specifically regulated
in this Agreement shall be decided in accordance with the principles laid down in the
International Convention Relating to the Treatment of Prisoners of War, signed at Geneva
on 27 July 1929.
5. The Mixed Armistice Commission
established in Article VII of this Agreement shall assume responsibility for locating
missing persons, whether military or civilian, within the areas controlled by each Party,
to facilitate their expeditious exchange. Each Party undertakes to extend to the
Commission full co-operation and assistance in the discharge of this function.
Article VII
1. The execution of the provisions of this
Agreement shall be supervised by a Mixed Armistice Commission composed of five members, of
whom each Party to this Agreement shall designate two, and whose Chairman shall be the
United Nations Chief of Staff of the Truce Supervision Organisation or a senior officer
from the Observer personnel of that Organisation designated by him following consultation
with both Parties to this Agreement.
2. The Mixed Armistice Commission shall
maintain its headquarters at the Frolltier Post north of Metulla and at the Lebanese
Frontier Post at En Naqoura and shall hold its meetings at such places and at such times
as it may deem necessary for the effective conduct of its work.
3. The Mixed Armistice Commission shall be
convened in its first meeting by the United Nations Chief of Staff of the Truce
Supervision Organisation not later than one week following the signing of this Agreement.
4. Decisions of the Mixed Armistice
Commission to the extent possible shall be based on the principle of unanimity. In the
absence of unanimity decisions shall be taken by majority vote of the members of the
Commission present and voting.
5. The Mixed Armistice Commission shall
formulate its own rules of procedure. Meetings shall be held only after due notice to the
members by the Chairman. The quorum for its meetings shall be a majority of its members.
6. The Commission shall be empowered to
employ observers, who may be from among the military organisations of the Parties or from
the military personnel of the United Nations Truce Supervision Organisation, or from both,
in such numbers as may be considered essential to the performance of its functions. In the
event United Nations Observers should be so employed, they shall remain under the command
of the United Nations Chief of Staff of the Truce Supervision Organisation. Assignments of
a general or special nature given to United Nations Observers attached to the Mixed
Armistice Commission shall be subject to approval by the United Nations Chief of Staff or
his designated representative on the Commission, whichever is serving as Chairman.
7. Claims or complaints presented by either
Party relating to the application of this Agreement shall be referred immediately to the
Mixed Armistice Commission through its Chairman. The Commission shall take such action on
all such claims or complaints by means of its observation and investigation machinery as
it may deem appropriate, with a view to equitable and mutually satisfactory settlement.
8. Where interpretation of the meaning of a
particular provision of this Agreement, other than the Preamble and Articles I and II, is
at issue, the Commission's interpretation shall prevail. The Commission, in its discretion
and as the need arises, may from time to time recommend to the Parties modifications in
the provisions of this Agreement.
9. The Mixed Armistice Commission shall
submit to both Parties reports on its activities as frequently as it may consider
necessary. A copy of each such report shall be presented to the Secretary-General of the
United Nations for transmission to the appropriate organ or agency of the United Nations.
10. Members of the Commission and its
Observers shall be accorded such freedom of movement and access in the area covered by
this Agreement as the Commission may determine to be necessary, provided that when such
decisions of the Commission are reached by a majority vote United Nations Observers only
shall be employed.
11. The expenses of the Commission, other
than those relating to United Nations Observers, shall be apportioned in equal shares
between the two Parties to this Agreement.
Article VIII
1. The present Agreement is not subject to
ratification and shall come into force immediately upon being signed.
2. This Agreement, having been negotiated
and concluded in pursuance of the resolution of the Security Council of 16 November 1948
calling for the establishment of an armistice in order to eliminate the threat to the
peace in Palestine and to facilitate the transition from the present truce to permanent
peace in Palestine, shall remain in force until a peaceful settlement between the Parties
is achieved, except as provided in paragraph 3 of this Article.
3. The Parties to this Agreement may, by
mutual consent, revise this Agreement or any of its provisions, or may suspend its
application, other than Articles I and III, at any time. In the absence of mutual
agreement and after this Agreement has been in effect for one year from the date of its
signing, either of the Parties may call upon the Secretary-General of the United Nations
to convoke a conference of representatives of the two Parties for the purpose of
reviewing, revising, or suspending any of the provisions of this Agreement other than
Articles I and III. Participation in such conference shall be obligatory upon the Parties.
4. If the conference provided for in
paragraph 3 of this Article does not result in an agreed solution of a point in dispute,
either Party may bring the matter before the Security Council of the United Nations for
the relief sought on the grounds that this Agreement has been concluded in pursuance of
Security Council action toward the end of achieving peace in Palestine.
5. This Agreement is signed in
quintuplicate, of which one copy shall be retained by each Party, two copies communicated
to the Secretary-General of the United Nations for transmission to the Security Council
and to the United Nations Conciliation Commission on Palestine, and one copy to the Acting
Mediator on Palestine.
Done at Ras En Naqoura on the twenty-third
of March nineteen forty-nine, in the presence of the Personal Deputy of the United Nations
Acting Mediator on Palestine and the United Nations Chief of Staff of the Truce
Supervision Organisation.
For and on behalf of the Government of
Israel
Signed:
Lieutenant-Colonel Mordechai Makleff
Yehoshua Pelman
Shabtai Rosenne
For and on behalf of the Government of the
Lebanon
Signed:
Lieutenant-Colonel Toufic Salem
Commandant J. Harb |
