Lebanon Debates Legal Path for Army Searches of Homes in Southern Weapons Sweep

A growing debate is unfolding in Lebanon over the legal authority of the Lebanese Army to search homes suspected of concealing weapons or serving as entrances to Hezbollah's underground tunnel network in southern Lebanon, as the country prepares to implement the first phase of a U.S.-backed security framework aimed at restoring exclusive State control over arms.

Although Lebanese Army Commander Gen. Rodolphe Haykal has yet to order house-to-house weapons searches in the south, legal and military experts say the political decision to place all weapons under State authority has already been made, leaving questions centered on how such operations should be carried out rather than whether they should take place.

A senior legal source told Annahar that the Cabinet has already taken a clear political decision to enforce the state's monopoly over arms.

Under Lebanon's Constitution, the armed forces operate under the authority of the Council of Ministers, meaning that any decision to search homes or undertake similar security measures falls within the law and is backed by the political leadership.

The source stressed, however, that home searches must generally comply with legal procedures that protect the constitutional sanctity of private residences.

Ordinarily, searches require reasonable suspicion, a judicial warrant or authorization from the competent public prosecutor. An exception applies if suspicion extends to an entire area designated as a security zone. In such cases, authorities would not be required to notify homeowners beforehand, and the Army could carry out immediate raids without obtaining separate judicial approval for each property.

According to the source, the Army still has discretion over how to implement the political decision while remaining within constitutional limits and respecting individual freedoms.

If soldiers discover unlicensed military-grade weapons during a search, they must notify the Government Commissioner to the Military Court, who can authorize the arrest of those responsible and order the premises sealed pending further legal action.

The legal source attributed Haykal's reluctance to launch widespread searches to his desire to avoid direct confrontation between the Army and local residents.

Nevertheless, the source emphasized that the Army commander cannot refuse to implement the government's decision. He may discuss the timing or preferred method of execution through the defense minister, the Higher Defense Council or the president, but he cannot decline to carry out the policy adopted by the country's political leadership.

Former President of Lebanon's State Council Judge Shukri Sader told Annahar that searches of private homes generally require authorization from the competent public prosecutor, except in exceptional circumstances.

In cases involving illegal weapons, he said, the Military Prosecutor's Office is responsible for issuing search warrants that allow the Army to seize arms.

According to Sader, prosecutors would normally grant such authorization automatically in areas where intelligence suggests that weapons are stored inside homes or concealed in underground tunnels.

He noted that judicial authorization is unnecessary if a damaged building already exposes the presence of weapons. However, if a house remains intact and occupied, military prosecutors would issue the required authorization to provide legal protection for the Army should disputes arise during the operation.

Sader distinguished such searches from situations in which individuals are caught openly carrying illegal weapons.

In those cases, he said, the Army has the authority to arrest suspects immediately and confiscate their weapons without first obtaining judicial approval.

Retired Brig. Gen. Yaaroub Sakhr argued that Lebanon cannot rely on symbolic disarmament measures, saying experience has shown that southern Lebanon continues to contain large quantities of weapons and armed personnel.

He said implementation of the new framework agreement requires the Army to operate under emergency conditions and systematically search villages and towns as Israeli forces withdraw.

According to Sakhr, every neighborhood and every house should be inspected to ensure that all unauthorized Hezbollah military infrastructure—including weapons depots and tunnel entrances—is removed before state authority is fully restored.

He urged the government to demonstrate political resolve by ensuring the success of the pilot zones initiative without exceptions and by eliminating all remaining unauthorized military activity.

Sakhr also welcomed efforts to establish a clear legal framework authorizing searches of private homes, arguing that judicial backing would strengthen the Army's ability to carry out its mission.

"The painful reality," he said, "is that many homes contain tunnel entrances or weapons caches."

While acknowledging that entering private homes is politically and socially sensitive, Sakhr said such inspections are unavoidable if the state intends to enforce its monopoly over weapons.

He suggested that authorities could inspect homes and private properties before displaced residents return, allowing them to hand the properties back to their owners only after confirming they have been cleared of weapons and military infrastructure.