Will Iran's ambassador-designate to Lebanon leave when his visa expires?

Uncertainty surrounds the case of Mohammad Reza Sheibani, the Iranian ambassador-designate to Beirut, who Lebanon has not accredited, and whether he will leave Lebanese territory when his visa expires on Monday, 24 August.

This follows confirmation from the Lebanese Foreign Ministry that "his continued presence is contrary to a final sovereign decision that must be enforced and is not subject to any regularisation of status".

The development comes as political tensions rise in Lebanese-Iranian relations over Iran's position on Lebanese state decisions concerning the exclusive possession of arms, which Lebanon considers interference in its internal affairs.

With no statement issued by the Iranian Embassy in Beirut, The New Arab has learnt that Sheibani may apply to extend his stay in Lebanon in his capacity as a civilian rather than a diplomat, although this would not allow him to perform any official diplomatic duties.

In a statement to a local media outlet last Thursday, 20 August, Lebanese Foreign Minister Youssef Raggi said that "this matter leaves no room for interpretation or discretion. Once any diplomat is declared persona non grata, they are required to leave the territory of the host state, and no visa, entry permit or residence permit previously granted to them has any legal effect that would allow their continued presence. Therefore, talking about renewing any of these constitutes a legal absurdity and contradicts the most basic rules of international law and established diplomatic norms".

Raggi stressed that "any talk of Sheibani's visa remaining valid or of the possibility of renewing it has no legal standing and cannot constitute a basis for his continued presence in Lebanon".

"Sheibani's continued presence on Lebanese territory after a decision declaring him persona non grata was issued is contrary to a clear sovereign decision by the Lebanese state. This decision is final and must be enforced and cannot be subject to exceptions, interpretation or circumvention. Nor can it be subject to any regularisation of status under any name," he noted.

In this context, lawyer and constitutional expert Said Malik told TNA that "with the expiry of Sheibani's residence in Lebanon, he may apply for a six-month extension of his residence as a civilian rather than a diplomat, as is the case with other Iranian nationals".

"The relevant authorities must, in accordance with the decision of the Lebanese Foreign Ministry, reject the extension, because the decision to declare the aforementioned ambassador persona non grata in Lebanon is unequivocally a sovereign decision that all authorities are required to abide by. Any decision to the contrary by the competent authorities would be considered a violation of the sovereignty of the state, its laws and its decisions and would require accountability in accordance with due process," he added.

On 24 March, Lebanon decided to withdraw Sheibani's accreditation and gave him until 29 March to leave, citing what the Lebanese state described as "Tehran's violation of the established norms and rules governing diplomatic relations between the two countries".

The move sparked a major internal dispute, particularly between Hezbollah and the Amal Movement, headed by Parliament Speaker Nabih Berri, and their opponents.

It also strained relations between the two sides, with Hezbollah and Amal rejecting the decision on one hand and the presidencies of the republic and the government on the other.

The Lebanese Foreign Ministry said at the time that "the decision to withdraw approval for the accreditation of the Iranian ambassador, based on Article 9 of the Vienna Convention on Diplomatic Relations, does not constitute a severing of diplomatic relations with Iran. Rather, it is a measure against the ambassador for violating the rules and obligations of diplomatic conduct, given that he is an ambassador-designate to Lebanon. Article 41 of the aforementioned convention prohibits diplomats from interfering in the internal affairs of the states to which they are accredited."

Since the latest developments in Lebanon and the region, the Lebanese government has adopted tough positions towards Iran over its attacks on Arab and Gulf states, in addition to imposing stricter measures on Iranians.

This followed Israeli airstrikes on two hotels in the capital and its outskirts during the March offensive, which Israel said were targeted because they housed members of Iran's Islamic Revolutionary Guard Corps, as well as Israeli threats to target Revolutionary Guard members in Lebanon.

During a Cabinet session held on 5 March, Prime Minister Nawaf Salam asked the relevant ministries and departments, as well as security and military agencies, to issue appropriate directives and instructions to verify the presence of members of Iran's Islamic Revolutionary Guard Corps in Lebanon.

He also called for them to "take firm and immediate action to prevent any security or military activity or operation they may carry out from Lebanese territory, regardless of their status or the cover under which they operate, and to arrest them under the supervision of the competent judiciary in preparation for their deportation".

The Cabinet also decided to reinstate the requirement for Iranian nationals to obtain entry visas to Lebanon, "for the purpose of controlling the borders and preventing any activity or operation that could undermine security or the use of Lebanese territory to carry out specific objectives".

Article translated from Arabic by Afrah Almatwari. To read the original, click here.