A/HRC/3/2
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62.
The fact that Israel considered Hezbollah a terrorist organisation and its fighters as
terrorists does not influence the Commission’s qualification of the conflict. Several official
declarations of the Government of Israel addressed Lebanon as assuming responsibility. IDF
views its operations in Lebanon as an international armed conflict.38
4. Applicable law
63.
The Commission has carried out its tasks, in accordance with its mandate and terms of
reference, through the application of international law, international humanitarian law and
international human rights law. It was guided essentially by the principles of human dignity
which underpin human rights and humanitarian law.
64.
While the conduct of armed conflict and military occupation is governed by international
humanitarian law, human rights law is applicable at all times, including during states of
emergency or armed conflict. The two bodies of law complement and reinforce one another.39
(a)
International Humanitarian Law
65.
The basic corpus of international humanitarian law is applicable to the conflict, and
both Israel and Lebanon are party to key international humanitarian law instruments. Israel is
party to the four Geneva Conventions of 12 August 1949, but has not ratified Additional
Protocol I or II on the protection of victims of armed conflict. In addition, Israel is party to the
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of
14 May 1954 and its First Protocol (1954); the Convention on Prohibitions or Restrictions on the
Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to
have Indiscriminate Effects of 10 October 1980, as well as its Protocol I on non-detectable
fragments (1980), Protocol II on prohibitions or restrictions on the use of mines, booby-traps and
other devices (1980 and as amended on 3 May 1996), and Protocol IV on Blinding Laser
Weapons (1995). Israel has neither ratified Protocol III on Prohibitions or Restrictions on the
Use of Incendiary Weapons (1980), nor Protocol V on Explosive Remnants of War (2003).
66.
Lebanon is party to the four Geneva Conventions of 12 August 1949 as well as
Additional Protocols I and II relating to the protection of victims of armed conflicts. It is also
party to the Convention on the Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on their Destruction (1972), and the
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of
14 May 1954 and its First Protocol. Lebanon is not party to the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be
Excessively Injurious or to have Indiscriminate Effects of 10 October 1980, nor to any of its
Protocols.
67.
In addition to the international treaty obligations, rules of customary international human
rights and humanitarian law bind States and other actors. In other words, all of the parties to the
conflict are also subject to customary international humanitarian law.40 As a party to the
conflict, Hezbollah is also bound to respect international humanitarian law and human rights.41
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