A/HRC/3/2 page 22 with it. On the basis of the factual circumstances of the conduct of the hostilities that took place, including the intensity of the violence and the use of armed force, the Commission is of the view that the existence of an armed conflict during the relevant period has been sufficiently established. 52. Second, neither Security Council resolution 1701 (2006), which called for a full cessation of hostilities, nor Council resolution S-2/1 contains any reference to the qualification of the armed conflict. The language of the latter, particularly in paragraph 5, urges all the parties to respect the rules of international humanitarian law, to refrain from violence against the civilian population and to treat under all circumstances detained combatants and civilians in accordance with the Geneva Conventions of 12 August 1949. 53. A particular characteristic and the sui generis nature of the conflict is that active hostilities only took place between Israel and Hezbollah fighters. The Commission found no indication that the Lebanese Armed Forces actively participated in the hostilities that ensued. For its part, IDF attacked the Lebanese Armed Forces and its assets (e.g. military airport at Qliat in northern Lebanon,24 all radar installations along the Lebanese coast, and the army barracks at Djamhour, 100 kilometres from the southern border with Israel.25) A joint Security Force comprising the LAF and the Police offered no resistance to the IDF at Marjayoun on 10 August 2006. 54. On the conflict, the position of the Government of Lebanon is that it was not responsible for and had no prior knowledge of the operation carried out by Hezbollah against an IDF patrol inside Israeli territory on 12 July 2006.26 This was orally confirmed by Prime Minister Siniora to the Commission when they met in Beirut on 25 September 2006. Lebanon has also stated that it disavowed and did not endorse that act.27 Furthermore, the Government of Lebanon has emphasized that it is the sole authority that decides on peace and war and the protection of the Lebanese people.28 It participated effectively in the negotiations leading to the adoption of Security Council resolution 1701 (2006) accepted by both Israel and Lebanon. For its part, the Government of Israel has officially stated that responsibility lies with the Government of Lebanon, from whose territory these acts were launched into Israel,29 and that the belligerent act was the act of a sovereign State, Lebanon.30 55. It is the view of the Commission that hostilities were in actual fact and in the main only between the IDF and Hezbollah. The fact that the Lebanese Armed Forces did not take an active part in them neither denies the character of the conflict as a legally cognizable international armed conflict, nor does it negate that Israel, Lebanon and Hezbollah were parties to it. Regarding this, the Commission stressed three points. 56. First, in Lebanon, Hezbollah is a legally recognized political party, whose members are both nationals and a constituent part of its population.31 It has duly elected representatives in the Parliament and is part of the Government. Therefore, it integrates and participates in the constitutional organs of the State. 57. Secondly, for the public in Lebanon, resistance means Israeli occupation of Lebanese territory. The effective behaviour of Hezbollah in South Lebanon suggests an inferred link between the Government of Lebanon and Hezbollah in the latter’s assumed role over the years as a resistance movement against Israel’s occupation of Lebanese territory.32 In its military

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