The Lebanese military is once again facing a potential void. This time, it is the Military Council that is at risk. After a decision to suspend the implementation of a measure taken on December 6 by the Caretaker Defense Minister, Maurice Slim, Major General Pierre Saab is set to retire on September 27… unless the State Council reverses its decision, which legal experts deem highly unlikely.
The context is as follows: on December 15, 2023, Parliament approved a law extending the terms of security service heads and the Army’s Commander-in-Chief, Joseph Aoun. Based on this law, the Caretaker Defense Minister, Maurice Slim, believed the law could apply to the members of the Military Council and sought to extend its benefits to its members, including Major Generals Pierre Saab (Greek Catholic and close to the Free Patriotic Movement – FPM) and Mohammad Moustapha.
Feeling aggrieved by this administrative act, General Edgard Lawandos filed an appeal with the State Council to annul this decision. “From a procedural standpoint, General Lawandos likely believed he had the right to act to benefit from a position that is expected to become vacant on September 27,” a judicial source noted. “On the substance, Lawandos probably argued that the minister’s decision constitutes a legal error since the members of the Military Council cannot benefit from this particular law, which is strictly applied,” the same source continued. The source added, “This is an exceptional law that exclusively concerns the heads of state military and security bodies. It cannot be extended to other command positions through interpretation, as it only pertains to the so-called supreme commands.”
On Wednesday, the State Council finally issued a ruling on the appeal without definitively resolving the matter: the extension of the scope of the December law is illegal, even nonexistent. “Slim’s decision is therefore null and void, meaning that on September 27, General Saab will have to retire,” explained former President of the State Council, Chucri Sader. According to him, the State Council’s “final” verdict should be consistent with the decision to suspend execution, for which the grounds have been laid out, and it would likely lead to the annulment of the caretaker defense minister’s decision. This assertion is shared by the aforementioned source: “Today, Slim’s decision has not yet been annulled. The State Council issued a preliminary ruling, which it could theoretically reverse, even if all indications point to an annulment. Since no deadline is set for the State Council to issue its final judgment, General Saab will no longer be able to benefit from an extension of his term beyond September 27.”
This means that the Military Council will be “emptied” of some of its positions. As the government is in a caretaker capacity, it cannot appoint new members, and in the event of a lack of quorum, the powers of this body would normally be transferred to the Army’s Commander-in-Chief.
Will the Military Council face the same fate as the Court of Cassation?
