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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents