A/HRC/3/2
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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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