A/HRC/3/2
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191. In most of the incidents the damage to mosques or churches was only partial.
Considering the nature of the destruction, the types of damage and vandalism caused and the use
of some of these religious buildings and places of worship as temporary bases, it appears to the
Commission that while there was clear intent for IDF to cause unnecessary damage to protected
religious property and places of worship, their complete destruction was not aimed for.
192. Under international humanitarian law, religious property and places of worship are
protected during a conflict.162 Most of these rules are norms of customary international law,163
as confirmed by the ICJ in its advisory opinion on the legality of the threat or use of the nuclear
weapons case.164 It is also important to stress that the Rome Statute qualifies as a war crime
intentionally directing attacks against buildings dedicated to religion.165
8. Abduction, transfer and unlawful imprisonment of civilians
193. The Commission received information on persons, who bore the same name as the
Hezbollah’s leader, arrested on Lebanese territory and then transferred to Israel before being
released and, on several occasions, handed over to UNIFIL. The Commission was able to meet
with two members of the Nasrallah family who, together with three other men from the town of
Baalbeck, had been detained by IDF. According to their account, they were arrested and taken to
Israel, where they were held for 20 days. The two victims told the Commission that they were
arrested in the middle of the night of 1 August by Israeli soldiers. They were tightly handcuffed
and blindfolded. They were marched for about two hours. They were then taken at gunpoint on
board a helicopter to an Israeli jail. During their detention they were subjected to cruel,
degrading and inhuman treatment, before they were finally released and handed over to ICRC.
When the Commission met with them, they still had visible handcuff marks on their ankles and
wrists.166
194. The Commission also received information from the Parliamentary Human Rights
Committee regarding a Christian Maronite, sympathizer of the Aoun party, who was detained in
the town of Debel during occupation of the village by IDF. He stated that he had been subjected
to cruel, degrading and inhuman treatment before being released when IDF left the town. This
person is currently under psychological therapy for trauma from the event.
195. The Commission took note of Khiyam Rehabilitation Center for the Victims of Torture
(KRC) memorandum167 that includes a list of people arrested in Lebanon and transferred to
Israel prisons. This list also includes cases of arrests which took place after the ceasefire.
196. The Commission also met with two women who belonged to a group of women detained
by IDF on 8 August, in the village of Chihine. The group had taken refuge in one house when
Israeli soldiers shot dead one of them and injured another. The soldiers stayed about 15 minutes
in the house, while they interrogated the women, asking them about their links with the
Hezbollah fighters. Then, IDF soldiers forced the women to walk barefoot and with their hands
over their heads to another house down in the village. Before entering this house, they were
asked to kneel down on the street, a position in which they stayed for over 15 minutes and were
then taken inside the house. They heard two soldiers arguing about whether or not they should
kill them.
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