Conflict Between Hezbollah and Israel

The 2006 conflict between Hezbollah and Israel questions an important, yet unclear part of international humanitarian law. Specifically, what would Hezbollah's legal classification be if another armed conflict were to arise between Israel and Lebanon? Would Hezbollah be considered a State or non-State actor? If Hezbollah is a non-State actor, would the group be considered "guerrillas"? Would the term "mercenary" be a better fit?

In attempting to answer some of these questions, we must first look at what exactly occurred between Israel and Lebanon in the summer of 2006. Second, we must understand who Hezbollah is and how the group fits in with Lebanon. Third, we need to examine what kinds of rules of international humanitarian law govern both international and intra-national armed conflicts. Specifically, the Hague Conventions, the Geneva Conventions, international agreements between Lebanon and *62 Israel, and international customary law. Only then will we be ready to investigate the various implications Hezbollah's classification has on the laws of armed conflict. This will primarily be accomplished by initially looking at which of the Geneva Conventions apply based on whether Hezbollah is a State or non-State actor. A more complex argument is whether Hezbollah is indeed a Lebanese State actor. However, since the law in this sphere is still being defined, we will continue by examining Hezbollah's classification assuming they are non-State actor. Therefore, an analysis of Hezbollah as a guerrilla group and one comprised of mercenaries will follow. Finally, we will look to see how domestic law fits in with international humanitarian law, and whether the former can help adjudicate either party in a future conflict.

The answer to these questions is of great significance because Hezbollah's classification determines how international humanitarian law applies. For example, if Hezbollah is a State actor, then any future conflicts would be between Lebanon and Israel. As such, this would be an international armed conflict. On the other hand, if Hezbollah is a non-State actor, then this would be an intra-national armed conflict governed by a substantially limited body of law. Furthermore, if Hezbollah is given prisoner of war status, then members of the group would have to be released at the end of the hostilities. If Hezbollah members are not considered prisoners of war, then the individuals may be held and prosecuted under domestic criminal law for their conduct.

II. BACKGROUND

A. Recent Israel - Lebanon Conflict

On July 12, 2006, members of Hezbollah attacked an Israeli army convoy, killing eight Israeli soldiers and capturing two more. [FN1] Hezbollah claimed that the soldiers were captured for the purpose of being used as "bargaining chips" in negotiations for the release of three Lebanese Hezbollah members detained by Israel (even though the country's own Supreme Court ordered for their release). [FN2] As a result of the soldiers' kidnapping, Israel attacked Lebanon with a force unseen since 1982. [FN3] In response to Israel's "bombing campaign," Hezbollah launched hundreds *63 of rockets into Israel. [FN4] Israel and Hezbollah engaged in a heavy armed conflict until August 14, 2006. [FN5] In addition to executing 5,000 air strikes over Lebanon, Israel's "Operation Change of Direction" involved attacking various parts of Lebanon from land and sea. [FN6] Hezbollah fired over 2,500 rockets into Israel over the course of the conflict. [FN7] According to the Reuters Foundation, as of August 25, 2006, close to 1,200 Lebanese and 157 Israelis were killed in the conflict. [FN8] Hundreds of thousands of Israeli civilians and roughly one million Lebanese civilians were displaced as a result of the conflict and the destruction of a large part of southern Lebanon. [FN9]

The armed attack on the convoy on Israeli soil and Israel's retaliatory bombing campaign on Lebanon is considered an armed conflict. There is much debate with respect to this conflict, including the question of whether it should be classified as an international or non-international armed conflict. [FN10] In either scenario, this conflict is governed by international humanitarian law.

*64 B. Historical Overview of Hezbollah

The Lebanese Shia, driven by a desire to gather forces to fight the Israeli occupation of southern Lebanon, founded Hezbollah (the Party of God) in 1982. [FN11] This movement gained momentum quickly due to logistical, financial, and military support from both Syria and Iran. [FN12] Currently, Hezbollah is an inspiration to other Islamic groups (including Hamas in Palestine and Muqtada al-Sad's Madhi Army in Iraq) because of its success in driving Israel out of Lebanon. [FN13] The group consists of several thousand core members who function independently with some military aid provided by Iran. [FN14] Hezbollah's spiritual leader is Sheikh Mohammed Hussein Fadlallah. [FN15] Another important member of the organization is Imad Fayez Mugniyah, who, prior to his death on February 13, 2008, was considered the main event planner of the organization's military operations. [FN16] The senior political leader, Hassan Nasrallah, is arguably the most charismatic man in the modern Islamic world. [FN17] Nasrallah was originally a military commander, but he quickly took advantage of the intra-organizational rivalries (and his favorable status with the head of Iran's government, Ayatollah Ruhollah Musavi Khomeini) to become Hezbollah's Secretary General in 1992, and remains there to this day. [FN18]

According to a number of United States' intelligence reports indicate that, in addition to Hezbollah's presence in Lebanon, Hezbollah operates cells in Europe, Africa and both South and North America. [FN19] Over the last twenty years, Hezbollah has developed a sophisticated structure. [FN20] The organization consists of a seven-member council called the majlis al-shura. [FN21] Each member is in charge of a different function, including *65 financial, judicial, social, political and military matters. [FN22] When Hezbollah first entered Lebanese politics, the organization created an executive council and a politburo. [FN23]

Hezbollah's decision to participate in the 1992 Lebanese elections signaled a shift in the organization's focus from a "pan-Islamic resistance to Israel" to the internal affairs of Lebanon. [FN24] This shift demonstrated Hezbollah's growing desire to infiltrate Lebanon's political system. [FN25] Hezbollah has continued this transformation from a regional militia group to a formidable political party. [FN26]

Hezbollah's entry into mainstream Lebanese