From ‘la ghalib wa la maghloob’* to the right to truth: enforced disappearances, state amnesia and the unsilenced families of Lebanon's disappeared. *no victor, no vanquished

Abstract

Lebanon's 1975–1990 civil war left behind an estimated 17,415 persons missing and forcibly disappeared. Successive governments have denied the families of these victims the right to truth and justice for decades. In pursuit of the principle of 'la ghalib wa la maghloob' ('no victor, no vanquished'), the Lebanese state declared a blanket amnesty in 1991, thereby precluding any genuine transitional justice process and imposing a culture of impunity. This thesis explores the nexus between international human rights law, transitional justice, and psychosocial consequences of enforced disappearances experienced by the families of missing and forcibly disappeared persons in Lebanon. The thesis raises two main arguments. First, analysing Lebanon's international obligations under several treaties, including the ICCPR, the ICESCR, the CAT, and the ICPPED, it critically assesses the effectiveness of the first Lebanese law on missing and forcibly disappeared persons, Law No. 105/2018, which grants families the right to know the fate of their missing relatives. Based on doctrinal legal analysis, qualitative literature review, and interviews with experts, the thesis concludes that Law No. 105/2018 was a major milestone for Lebanon's legal system; its implementation has nevertheless been greatly hindered by the ongoing lack of political will and the country’s regional and domestic challenges. Second, drawing on Pauline Boss’ theory of ambiguous loss, this thesis argues that legal failures by the state have created profound psychological and social consequences for families, manifesting as ongoing, unresolved grief that permeates many aspects of their daily lives. State-sponsored amnesia in Lebanon not only breaches its international obligations but also continues to cause families who have never received reparations, rehabilitation, or the truth about their loved ones to suffer long after the civil war has ended. 2