A/HRC/2/8
page 6
II. GENERAL CONTEXT
6.
The mission followed the war that took place from 12 July to 14 August 2006 between
Hezbollah and Israel, following Hezbollah’s capture of soldiers in a raid across the border
between Israel and Lebanon. During the 34 days of the war the Israeli forces launched more than
7,000 air attacks and 2,500 attacks by sea as well as heavy artillery shelling. The war has had farreaching effects on the Lebanese population. According to the Government of Lebanon, the war
resulted in 1,189 killed (mostly civilians), 4,399 injured, 974,189 displaced and between 15,000
and 30,000 homes destroyed.1
7.
On 11 August 2006, the Security Council adopted resolution 1701 (2006) in which the
Council called for a full cessation of hostilities based upon, in particular, the immediate cessation
by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military
operations. On the same day, the Human Rights Council, having convened a special session on
the war, adopted resolution S-2/1, in which it called upon Israel to immediately stop military
operations against the civilian population and civilian objects resulting in death and destruction
and serious violations of human rights. It also decided to urgently establish and immediately
dispatch a high-level commission of inquiry comprising eminent experts on human rights law
and international humanitarian law, to assess and investigate, inter alia, the extent and impact of
Israeli attacks on human life, property, critical infrastructure and the environment. The fighting
continued after the adoption of the resolutions and even intensified up to the last moment, the
cessation of hostilities taking effect on 14 August 2006.
III. LEGAL FRAMEWORK RELATED TO THE RIGHT TO FOOD IN LEBANON
8.
As the International Court of Justice has reaffirmed,2 both human rights law and, as lex
specialis, international humanitarian law are applicable during armed conflicts and situations of
occupation. These include the war in Lebanon, where all provisions of international human rights
and humanitarian law protecting the right to food were applicable. It is important to note in that
context that both Israel and Lebanon are parties to the International Covenant on Economic,
Social and Cultural Rights and to the Convention on the Rights of the Child, the two main
human rights instruments for the protection of the right to food, as well as to the Geneva
Conventions of 12 August 1949. It is also important to note that while only Lebanon is a party to
the Protocol Additional to the Geneva Conventions and relating to the Protection of Victims of
International Armed Conflicts (Additional I Protocol, adopted in 1977), most of its provisions
that are relevant to the right to food are considered part of customary international law and are
therefore binding on all States and all parties to a conflict, regardless of status and ratification.3
9.
The right to food is primarily the right to be able to feed oneself through physical and
economic access to food, as defined in general comment No. 12 of the Committee on Economic,
Social and Cultural Rights. The right to food entails obligations of Governments towards their
people, but also towards people living in other countries (see E/CN.4/2006/44, paras. 28-38).
This is particularly true for States parties to the International Covenant on Economic, Social and
Cultural Rights, including Israel and Lebanon that have undertaken to cooperate, without any
territorial or jurisdictional limitations, to realize the right to food. In time of an armed conflict,
the most important human rights obligation of Governments is the obligation to respect the right
to food, which means refraining from restricting, inhibiting or preventing people’s access to
food. As the right to food also includes access to clean, safe drinking water and irrigation water
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