BICOM

What happened:
Israel’s High Court of Justice unanimously rejected petitions filed against the maritime border agreement with Lebanon, paving the way for the deal to be signed between the two countries.

• The justices heard the petitions from the Kohelet Forum, the Lavie organisation and MK Itamar Ben Gvir on Thursday as well as hearing recommendations from the security establishment for the agreement to be ratified without having to be voted on in the Knesset.
• Supreme Court President Esther Hayut said the government was not legally obliged to put the agreement to a Knesset vote. “there are cases in which the cabinet can use its discretion and not even inform the Knesset about communications, if an agreement is secret.” Hayut added that the government has a responsibility to prevent a violent escalation with another state. This “means that the cabinet is saying that the main reason it is urgent and important to reach an agreement is explained in classified documents which cannot be fully provided to the Knesset. This makes it difficult to provide the Knesset with the detailed reasons; [the government] takes responsibility if there is an escalation, after all. With authority comes responsibility, and [the government] has decided to present the agreement with diminished parliamentary oversight, without a vote in the plenary.”
• In response, the Lavi organisation said “[The decision] allows a caretaker government, in its final moments, to agree to a deal that is a surrender to Hezbollah and endangers the security of Israel.”
• Speaking to CNN’s Face the Nation yesterday, US special energy envoy Amos Hochstein said “We’re going to have a deal. We’re going to sign it hopefully this Thursday.” Hochstein said “This is a really great development, a historic agreement between two enemy countries – Lebanon doesn’t even recognise the State of Israel. I hope that this continues our commitment to stability in the region and prosperity for both countries.”
• In other diplomatic news, Prime Minister Yair Lapid offered aid to his Albanian counterpart who is in Israel to seek protection from Iranian cyberattacks. Lapid said that “Iran represents a joint threat for Israel and Albania. We saw this in the recent Iranian cyberattacks against Albania. Israel will assist in any way in the effort against Iran. We see this as a national interest and a historical responsibility.” In September, Albania cut diplomatic ties with Iran after a series of cyberattacks were attributed to the Islamic Republic.

Context:

• In mid-October, Israel and Lebanon reached agreement on their maritime border. For more information see this BICOM news piece. https://www.bicom.org.uk/news/israel-and-lebanon-reach-maritime-border-agreement/
• Supporters argued that the agreement would bring regional strategic stability, allowing Lebanon to build its own gas platform, adjacent to the Israeli one on the other side of the border.
• Opposition Chairman said the deal was capitulation to Hezbollah. Legal arguments were also brought that an interim government was obligated by customary Knesset practice to bring international treaties to the Knesset for approval.

Looking ahead:
Israel’s cabinet is expected to be convened on Thursday to formally ratify the agreement.

• Following this ratification, Lapid will sign the document and director general of the Energy Minister, Lior Schillat, will submit it Hochstein, at the UN facility near the Rosh Hanikra border crossing. The Lebanese will also submit their signed document in the identical manner.
• Israeli National Security Council is working with TotalEnergies, the French company licensed to explore off the Lebanese coast, in order to finalise the royalties agreement between the two sides. This too will need to be approved by the Israeli government.
• Later this week, President Isaac Herzog will meet U.S. President Joe Biden in Washington. Herzog will also hold policy meetings with senior Biden administration officials, senators and Jewish community leaders. According to a statement released by Herzog’s office, the visit aims to strengthen the strong ties between the U.S. and Israel and expresses the deep bond that exist between the two countries that transcends any political disagreement.