On July 31, 2013 former Minister of National Defense Fayez Ghosn issued Decision 852 whereby he postponed the release of General Jean Kahwaji from his duties for two years starting on September 23, 2013 and expiring on September 22, 2015. Another decision was issued extending the mandate of Chief of Staff Major General Walid Salman for two years also, from August 8, 2013 until August 7, 2015.

 

In August 2015, Defense Minister Samir Moqbel followed in the footsteps of his predecessor, issuing Decision No. 1091, which deferred the discharge of the army commander until September 30, 2016 and Decision No. 1097, which postponed the discharge of the chief of staff until the same date. 

 

These decisions were issued in line with the provisions of Article 55 of the National Defense Code, which will be quoted below. 

 

According to Article 56 of the National Defense Code (Legislative Decree No. 102 dated September 16, 1983), an officer is automatically released when he reaches the retirement legal age or completes the requisite years of service as illustrated in Table 1.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

According to Article 55 of the National Defense Code, the discharge of the volunteer (whether serving officer, non-commissioned officer or enlisted man), even if he has reached the relevant legal age, may be postponed in the following cases:

 

    If he had been suffering from an illness about which a ruling had not yet been given. In such a case, he remains in his previous capacity until the release of the medical committee’s decisions.

 

    By virtue of a decision issued by the Defense Minister at the instigation of the Army Commander in cases of war, emergency or when the army is required to maintain order.

 

Pursuant to the Cabinet Decision No.1 dated November 28, 1991 the army is mandated to maintain security and therefore the minister has the right to put off the retirement when the legal age has been passed, as in the cases of General Jean Kahwaji and the Chief of Staff. General Kahwaji was born on September 23, 1953 and reached his legal retirement age on September 23, 2013. He enrolled in the army on October 1, 1973, meaning he would reach his maximum years in service in 2017. As for the Chief of Staff, Major General Walid Salman, he was born on August 8, 1954 and should have retired on August 8, 2013. Salman joined the army on October 1, 1973 meaning he would complete his allowed years in service in 2016.

 

But the question remains: can the Army Commander propose to the Defense Minister the extension of his own mandate or is he only allowed to request the extension of the mandate of the officers and members under his command?

 

Looking into previous analogous precedents, a law numbered 463 was approved on December 8, 1995 amending the National Defense Code and raising the age of retirement of Army Generals from their duties from 60 to 63. The amendment was to apply to those serving officers holding the rank of general on the date of issuance of the law and was customized in favor of the then army Commander General Emile Lahoud. Emile Lahoud, born on January 12, 1936 was supposed to retire on January 12, 1996, but he remained in his post so that he could succeed President Elias Hrawi to the presidency of the republic after the latter’s mandate had been extended by three years.