A/HRC/3/2 page 43 on 13 August, the immediate area of the hospital was the object of a cluster bomb attack - just before the ceasefire. According to these reports, the attack took place while some 2,000 civilians were sheltered in the hospital. 164. IDF would know about the hospital, built on a hill and which stands out for miles around. Whether it had a Red Cross flag flying on its roof is relatively unimportant. In fact the small flag that the Commission saw flying on the hospital would be indiscernible from the air and possibly from the ground. This is in any case irrelevant because of the facts listed above. 165. According to the information gathered, the Commission finds that from a military perspective there was no justification in either the direct fire on the hospital or the cluster bomb attack. The Commission did not find any evidence that the hospital was being used in any way for military purposes. Furthermore, Israeli intelligence drones, which were extensively used, would have clearly shown that civilians were sheltering in the hospital. 166. In Baalbeck, the Commission saw another example of a hospital that was the target of IDF military operations. The hospital Dar-el-Hekma is a private charitable institution affiliated to the Imam Khomeini Foundation. On 1 August, at around 2130 hours, Israeli troops landed in the close vicinity and entered the hospital after having hit all lights on the surrounding fence. At the time of the attack, the hospital had no patients but was functioning with out-patients services. Only 10 staff members were present at that time; one was killed and two were injured. Once in the building, the soldiers went into all rooms but one and destroyed doors, windows, computers, furniture, a safe, and medical equipment. Some patients’ files were taken from the archives, stacked in a room and burned. Deeds related to the hospital were removed from the safe. According to reports received by the Commission, Israeli soldiers stayed for about seven hours in the building. 167. The Commission did not find any information as to whether the hospital was used by Hezbollah fighters. There is no justification for the damage and destruction of medical equipment, furniture, official documents or patient files, each of them being purely civilian objects. Furthermore, the Commission finds that the origin of the hospital’s funding, or the possible links between some staff members and Hezbollah do not, in any way, justify considering this institution as a military target. 168. The Commission came across cases of medical institutions which sustained collateral damage due to military actions that occurred in the close vicinity of their premises. For example, in Marjayoun, while the hospital was not directly hit, its electrical and electronic equipment was damaged due to the destruction of the electricity network.134 169. In Tyre, authorities from the Najem and the Jabal Amel Hospitals informed the Commission about two occasions on which Israeli troops landed in the vicinity of the hospitals.135 In both cases, patients and staff members were brought to the basement for protection. Physical collateral damage was reported in the Jabal Amel Hospital due to the bombing of two houses located 50 metres away from the hospital. Collateral damage was also reported at the Najem Hospital.

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