A/HRC/3/2
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In Al Duweir, the members of the Commission were told how the religious school in Saida, at
which Sheikh Adil Akash (see above, “Attacks on civilians”) taught, had been targeted. In
Taibe, they were told how Israeli soldiers had occupied the private school and despoiled the
teachers’ kitchen and left urine in bottles around the classrooms. In Khiyam, the Commission
visited one of the schools that had been very badly damaged, a school that UNESCO had helped
build. One school in the town had already been renovated with help from Qatar; that and the
agricultural school would be used to accommodate pupils from all four destroyed schools when
the school year began again.
232. Little has been said of the reasons for the targeting of schools specifically. As is the case
with other civilian objects, school buildings are protected under international humanitarian
law.198 In case of doubt whether a school is being used to make an effective contribution to
military action, it shall be presumed not to be so used.199 According to the ICC Statute,
intentionally directing attacks against buildings dedicated to education is a war crime, provided
they are not military objectives.200 Without any clear indication as to the military importance of
these buildings, such attacks would constitute a grave violation of international humanitarian
law, which may amount to war crimes.
13. United Nations Peacekeepers - UNIFIL/Observer Group Lebanon
233. During the conflict a number of UNIFIL and Observer Group Lebanon (OGL) positions
were either directly hit by IDF fire or were the subject of firing close to their positions. All these
United Nations positions are clearly marked, most are on prominent hill tops to aid observation.
Their positions were notified in 12 figure grid references to IDF. On 12 July, IDF issued a
warning to UNIFIL that “any person -including United Nations personnel- moving close to the
Blue Line would be shot at”.201 On 15 July, UNIFIL was informed by IDF that Israel would
establish a “special security zone” between 21 villages along the Blue Line and the Israeli
technical fence. IDF informed UNIFIL that any vehicle entering the area would be shot at. This
security zone was directly within the UNIFIL area of operation, which made it impossible to
support (or evacuate, if necessary) many UNIFIL positions located in the zone. In effect, these
warnings prevented UNIFIL from discharging its mandate conferred upon it by Security Council
resolution 1655(2006) of 31 January 2006.202
234. The Commission found that there were 30 recorded direct attacks by IDF on UNIFIL and
OGL positions during the conflict. These attacks resulted, among others, in the death of four
unarmed United Nations observers at the Khiyam base. A staff member and his wife died in an
air strike on their apartment in Tyre. In addition, five Ghanaian, three Chinese and one French
soldier of UNIFIL were injured, together with one officer from OGL.
235. It is significant that, towards the end of the conflict, after the ceasefire had been
announced, there was a dramatic increase in IDF direct attacks on UNIFIL positions. For
example on 13 August there were five direct hits, on positions at Tiri, Bayt Yahun, and Tibnin
(on three occasions during the reporting period). There was extensive material damage in all
these locations. On 14 August there were nine direct hits, on positions at Tibnin (four times),
Haris (twice), Tiri (twice), and Marun al Ras (once).
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