A/HRC/3/2
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human rights standards, compatible with the nature of the rights protected by the Covenant, in
the interest of legitimate aims pursued; and strictly necessary for the promotion of the general
welfare in a democratic society.45
73.
Lebanon has not notified the Secretary-General of the United Nations of the state of
emergency in accordance with article 4 of the International Covenant on Civil and Political
Rights, although it proclaimed a national state of emergency on 12 July 2006. Israel declared a
state of public emergency on 19 May 1948 and has remained in this state continuously since
then. Upon ratifying the Covenant, Israel made a declaration regarding the existence of this state
of emergency and noted a reservation to article 9 (liberty and security of person).46
74.
Article 2 of the Covenant obliges each State party “to respect and to ensure to all
individuals within its territory and subject to its jurisdiction” the rights recognized within it. In
addition, the International Court of Justice has recognized that the Covenant “is applicable in
respect of acts done by a State in the exercise of its jurisdiction outside its own territory”.47
II. THE FACTS AND LEGAL ANALYSIS
A. General approach
1. On the facts
75.
From the outset, the Commission wishes to underline certain characteristics that emerge
from the conflict.
76.
The 33-day conflict in Lebanon more than affected the country. It exacted a heavy
human toll and damaged economic and social structures, as well as the environment. During the
campaign, Israel’s Air Force flew more than 12,000 combat missions. Its Navy fired
2,500 shells, and its Army fired over 100,000 shells,48 destroying as a consequence large parts of
the Lebanese civilian infrastructure, including roads, bridges and other ‘targets’ such as Beirut
International Airport, ports, water and sewage treatment plants, electrical facilities, fuel stations,
commercial structures, schools and hospitals, as well as private homes.49 According to
Government of Lebanon figures, 30,000 homes were destroyed or damaged, 109 bridges and
137 roads (445,000 sq. km.) damaged, and 78 health facilities (dispensaries, health centres and
hospitals) were seriously affected, with 2 hospitals destroyed. Furthermore, the Lebanese
Government indicates that 900 commercial centres and factories were affected, as were 32 other
“vital points” (airports, ports, water and sewage treatment, electrical plants). Over 789
cluster-bomb sites have been identified in southern Lebanon, and over one million bomblets
have littered the region.
77.
The conflict resulted in 1,191 deaths and 4,409 injured. More than 900,000 people fled
their homes.50 It was estimated that one third of the casualties and deaths were children.51
78.
Israel also suffered serious casualties. Reports indicate that 43 civilians were
killed, 997 were injured (75 seriously injured, 115 moderately injured, 807 lightly injured),
6,000 homes were affected and 300,000 persons were displaced by Hezbollah’s attacks on Israeli
towns in northern Israel.
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