A/HRC/3/2
page 71
government supervision in this area for many years. It might be the opportune time for
municipalities to adopt urban planning schemes for each village in order to ensure legal security
of tenure. The Commission was also informed that the situation is very similar in South Beirut.
In addition, the situation of widows will have to be taken into due consideration as their
ownership rights might differ from those of men. Mechanisms should be devised to ensure
appropriate consultation and participation in decisions concerning reconstruction. Compensation
procedures should be just, timely, accessible, free of charge, and age and gender sensitive. More
generally, within the process of return of people to their homes and of compensation, all relevant
human rights standards related to the right to adequate housing282 should be respected and
attention should be paid to the human rights standards regarding restitution and compensation.283
B. Conclusions as to violations of international humanitarian law,
human rights law and international law
314. As a result of its inquiry, the Commission reaches the following conclusions: 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.
315. The Commission stresses that generally respect for the principle of humanity and
humanitarian considerations (Martens clause) was absent during the conflict.
316. The principle of military necessity cannot justify every attack or destruction. The attacks
on civilians, destruction of unoccupied houses, churches, mosques, shops, and so on do not
normally contribute to defeating the enemy. In many cases, the “military necessity” element did
not justify the military action taken.284
317. The Commission considers that the excessive, indiscriminate and disproportionate use of
force by IDF goes beyond reasonable arguments of military necessity and of proportionality, and
clearly failed to distinguish between civilian and military targets, thus constituting a flagrant
violation of international humanitarian law.
318. The conduct of the hostilities by IDF showed an overall lack of respect for the cardinal
principles regulating the conduct of armed conflict. Israel did not respect its obligation to
distinguish civilians from combatants. Treating civilians as legitimate military targets because
they were friends, family or sympathizers of Hezbollah goes beyond any legal interpretation of
the principle of distinction and constitutes a clear violation of international humanitarian law and
human rights obligations. Treating as “terrorists” all members or affiliates of an official political
party leads to an unacceptable interpretation of the law. In addition, the deliberate attacks
against the houses of family, friends, members or relatives - but not fighters - of Hezbollah
contravene international humanitarian law and human rights law.
319. The number of houses and residential buildings destroyed in southern Lebanon and in
South Beirut does not reflect an adequate application of the principles of military necessity and
proportionality. The deliberate and indiscriminate targeting of civilian houses constitutes a
violation of international humanitarian law and of international human rights obligations.
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