A/HRC/3/2
page 2
Summary
1.
On 11 August 2006, at its second special session, convened to address the ongoing
conflict in Lebanon, the Human Rights Council adopted resolution S-2/1, entitled “The grave
situation of human rights in Lebanon caused by Israeli military operations”, in which it decided
to “establish urgently and immediately dispatch a high-level commission of inquiry”. The
Commission, according to paragraph 7 of resolution S-2/1, was mandated: “(a) to investigate the
systematic targeting and killings of civilians by Israel in Lebanon; (b) to examine the types of
weapons used by Israel and their conformity with international law; and (c) to assess the extent
and deadly impact of Israeli attacks on human life, property, critical infrastructure and the
environment.”
2.
On 1 September 2006, the President of the Human Rights Council, Luis Alfonso de Alba,
announced the nomination of João Clemente Baena Soares, Mohamed Chande Othman and
Stelios Perrakis as members of the Commission of Inquiry. The Commission assembled in
Geneva, together with its Secretariat, and began its work on 11 September. It agreed to report to
the Council within two months.
3.
In Geneva, the Commission held meetings with the President of the Human Rights
Council, the United Nations High Commissioner for Human Rights, the Permanent Missions of
Lebanon and Israel, United Nations agencies and non-governmental organizations (NGO). The
Commission visited Lebanon from 23 September to 7 October, and from 17 to 21 October. It
met with the President and Prime Minister of Lebanon, members of the Government and other
senior officials, members of parliament, local authorities, representatives of the private sector
and hospitals, victims and witnesses, as well as representatives of NGOs, United Nations
agencies, United Nations representatives, United Nations Interim Force in Lebanon (UNIFIL)
and United Nations Truce Supervision Organization (UNTSO). The Commission visited the
suburbs of South Beirut, the Bekaa Valley, Byblos, and made an extended tour of southern
Lebanon.
4.
The report describes the terms of reference, methodology, approaches and activities of
the Commission. It provides an overview of the 33-day long conflict with an historical
background and addresses the qualification of and the law applicable to the conflict. The report
then concentrates on the various substantive issues the Commission considered it should address
in detail in accordance with its mandate. The report further provides an analysis on the various
aspects of the impact of the conflict on life in Lebanon. Finally, the report presents the
conclusions of the Commission and its recommendations.
5.
It is not for the Commission to comment on the political-legal context of the adoption of
resolution S-2/1, nor to make judgment on the content of its mandate. It is clear that the mandate
of the Commission has limits ratione personae (actions by the Israeli military) and ratione loci
(on Lebanese territory) and does not allow for a full examination of all of the aspects of the
conflict, nor does it permit consideration of the conduct of all parties. The Commission is bound
by the mandate given to it by the Human Rights Council (hereafter “the Council”) which it
interprets broadly, in the light of the principles and rules of international law, international
humanitarian law and international human rights law, and having in mind the need for the
respect for human life and dignity in the face of the complex challenges posed in the context of
armed conflict.
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