A/HRC/3/2 page 3 6. A fundamental point in relation to the conflict and the Commission’s mandate as defined by the Council is the conduct of Hezbollah. The Commission considers that any independent, impartial and objective investigation into a particular conduct during the course of hostilities must of necessity be with reference to all the belligerents involved. Thus an inquiry into the conformity with international humanitarian law of the specific acts of the Israel Defense Forces (IDF) in Lebanon requires that account also be taken of the conduct of the opponent. 7. That said, taking into consideration the express limitations of its mandate, the Commission is not entitled, even if it had wished, to construe it as equally authorizing the investigation of the actions by Hezbollah in Israel. To do so would exceed the Commission’s interpretative function and would be to usurp the Council’s powers. 8. The hostilities that took place from 12 July to 14 August constitute an international armed conflict to which conventional and customary international humanitarian law and international human rights law are applicable. 9. In analysing the characteristics of the conflict, the Commission highlights its sui generis nature in that active hostilities took place only between Israel and Hezbollah fighters. While the Government of Lebanon claimed that it was not responsible for and had no prior knowledge of the operation carried out by Hezbollah inside Israeli territory on 12 July 2006, the Government of Israel has officially stated that responsibility lies with the Government of Lebanon. It is the view of the Commission that hostilities were in fact and in the main only between 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. 10. The Commission stresses that, generally, respect for the principle of humanity and humanitarian considerations (Martens clause) was absent during the conflict. Findings 11. The 33-day conflict in Lebanon had a devastating impact, notably in southern Lebanon. It exacted a heavy human toll. According to Lebanese authorities, the conflict resulted in 1,191 deaths and 4,409 injured. More than 900,000 people fled their homes. 12. The hostilities that took place from 12 July to 14 August 2006 constitute an international armed conflict to which conventional and customary international humanitarian law and human rights law are applicable. 13. The Commission highlights a significant pattern of excessive, indiscriminate and disproportionate use of force by IDF against Lebanese civilians and civilian objects, failing to distinguish civilians from combatants and civilian objects from military targets. The Commission was able to verify for itself the circumstances of a number of incidents which occurred during the conflict. 14. With regard to precautions taken by Israel to minimize civilian casualties, the Commission came to the conclusion that IDF did not give effective warning as required under international humanitarian law. Where warnings were given, they often did not allow sufficient