A/HRC/3/2
page 16
12.
The second task requires the Commission to “examine the types of weapons used by
Israel and their conformity with international law”. This requires the Commission to evaluate
the types of weapons, as well as the manner in which they were used and their impact, through
the perspective of international law.
13.
The third task is to “assess the extent and deadly impact of Israeli attacks on human life,
property, critical infrastructure and the environment.” This task requires the Commission to
consider the immediate as well as mid- and longer-term social, cultural, physical, economic and
environmental impact of the conflict in Lebanon.
14.
A fundamental point in relation to the conflict and the Commission’s mandate as defined
by the Council is the conduct of Hezbollah. The Commission considers that any independent,
impartial and objective investigation into a particular conduct during the course of hostilities
must of necessity be with reference to all the belligerents involved. Thus an inquiry into the
conformity with international humanitarian law of the specific acts of IDF in Lebanon requires
that account also be taken of the conduct of the opponent.
15.
That said, taking into consideration the express limitations of its mandate, the
Commission is not entitled, even if it had wished, to construe it as equally authorizing the
investigation of the actions by Hezbollah in Israel. To do so would exceed the Commission’s
interpretative function and would be to usurp the Council’s powers.
16.
In carrying out all three of its tasks the Commission gave due consideration to relevant
activities within the United Nations system, including the work of human rights special
procedures, as well as ongoing initiatives of the specialized agencies.
17.
Paragraph 7 of resolution S-2/1 is silent with regard to the period of time to be addressed
by the Commission. Taking into account the three tasks assigned to it the Commission
considered all information relevant to the conflict in Lebanon, focusing in particular on the
impact of events in the period from 12 July to 14 August 2006, as well as the subsequent period
of occupation.
3. Methodology
18.
The Commission is an independent, impartial fact-finding body. It based its work on
investigation, first-hand testimonies, evidence and other information it received during the
course of its inquiry, including through meetings in Geneva and visits to Lebanon. During its
first weeks of work, the Commission met with the President of the Human Rights Council and
the High Commissioner for Human Rights. The Commission sent letters requesting information
relevant to its mandate to intergovernmental organizations and non-governmental organizations.
The Commission also met with officials of relevant United Nations agencies, including
UNESCO, the World Health Organization (WHO), the United Nations High Commissioner for
Refugees (UNHCR), the United Nations Environment Programme (UNEP), the Office for the
Coordination of Humanitarian Affairs (OCHA), the Mine Action Service (UNMAS), as well as
the United Nations Humanitarian Coordinator in Lebanon (via teleconference), three of the
Special Rapporteurs who had been on recent mission to Lebanon and Israel, ICRC and NGOs.
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