| Weekly Commentary: Legal Experts Downplay Significance of Status Quo
Standing of Buoy Line
 Dr. Aaron Lerner 14 October 2022
 
 Quote: Until such time this area is delimited, the Parties agree that the
 status quo near the shore, including along and as defined by the current
 buoy line, remains the same, notwithstanding the differing legal positions
 of the Parties in this area, which remains undelimited.
 
 When I read this sentence I was not quite sure how significant an
 achievement it was for Israel.
 
 I thought, for example, that it meant that while Hezbullah can execute
 operations in that area (the status quo is that they try to attack us) that
 Lebanon forfeits the right to apply to international forums to try and have
 us withdraw from the current buoy line.
 
 So I turned to two experts.
 
 No.  I didn't ask someone in the military.  I did not contact someone in the
 Mossad.  I basically did not contact any of the officials from branches
 which apparently participated in the meeting of the Security Cabinet to
 discuss the gas deal with Lebanon.
 
 Instead I turned to two top Israeli experts in international law who have
 many years of diplomatic experience.
 
 I was wrong.
 
 One replied:
 ===
 Shalom Aaron,
 
 I sense that you’re reading too much into the term "status quo".
 
 As I understand it, it merely means that those buoys that have for years
 marked the edge of Israel’s security and political jurisdiction will simply
 remain in place.
 
 Literally "status quo".
 
 Nothing more, nothing less.
 ===
 
 The other replied:
 
 ===
 What the agreement says about status quo is this: it says the status quo in
 the relevant line "remains the same ... notwithstanding the differing legal
 positions of the Parties in this area ..."
 
 This means that both parties agree that the status quo is status quo and
 that Lebanon does not accept any of Israel's claims. In other words, the
 language is circular and means nothing.
 
 The agreement does not commit Lebanon to avoid "apply[ing] to international
 forums" or to anything else regarding this area.
 ===
 
 Oops.
 ________________________________________
 IMRA - Independent Media Review and Analysis
 
 Since 1992 providing news and analysis on the Middle East with a focus on
 Arab-Israeli relations
 
 Website: www.imra.org.il
 |