A/HRC/3/2
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242. The Commission has found no justification for the attacks on United Nations positions by
IDF. Each United Nations position was clearly notified to IDF. In any case the locations have
been in place for many years; they are easily recognized and built on prominent hilltop positions.
There can be no doubt that both ground and air forces of IDF would have been fully aware of
their locations. Firing of rockets by Hezbollah from the vicinity of these bases might explain the
large number of “close firings” described above. However, from an international humanitarian
law perspective of military necessity, and bearing in mind the principle of distinction, the
Commission does not see how IDF can possibly justify the 30 direct attacks on United Nations
positions and the deaths and injury to protected United Nations personnel.208
243. Furthermore, the significant increase in the bombardment of United Nations positions
on 13 and 14 August cannot be described as being of imperative or even of vague necessity from
a military perspective.
244. With regard to Hezbollah firings from and into the immediate vicinity of United Nations
positions, the Commission finds, based on the daily UNIFIL press releases, that there were
six incidents of direct fire against UNIFIL positions and 62 incidents where Hezbollah fired their
rockets from the close proximity of United Nations positions towards Israel.
245. The Commission finds that Hezbollah fighters were using the vicinity of United Nations
positions as shields for the launching of their rockets. This is an obvious violation of
international humanitarian law 209 and also put the United Nations forces in danger. However,
“the vicinity” does not mean from within the bases as mentioned above. The direct targeting by
IDF, when they have the advantage of modern precision weapons, remains inexcusable.
246. The direct firing on United Nations positions by Hezbollah is equally illegal and
inexcusable and would appear to be an attempt by them to blame IDF for such incidents.
14. Use of weapons
247. Israeli armed forces are equipped with state-of-the-art equipment in terms of surveillance,
intelligence-gathering and precision targeting.210 During the Commission’s investigations
allegations were made concerning the use by the IDF of a range of weapons or, more accurately,
ammunition which might be considered illegal. Such allegations were made in relation to the
use of depleted uranium, white phosphorous and fuel air explosives. Some witnesses also
brought to the Commission’s attention injuries they described as abnormal, e.g. completely
charred but intact corpses, or human bodies that apparently simply vaporized.
248. The Commission investigated the use of weapons as best it could through on-site visits,
witness statements, discussions with the Lebanese Army, hospital officials and Lebanese
Red Cross authorities who had treated the casualties; also with UNIFIL and Observer Group
Lebanon sources that had first hand observation of actions on the ground.
(a)
Cluster munitions
249. Cluster munitions were used extensively by IDF throughout Lebanon. These consisted of
both ground-based (M483A1 155mm artillery shells, M 395 and M 396 155 mm artillery shells
and the Multiple Launch Rocket System (MLRS)) and air-dropped (CBU-58 munitions).211
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