A/HRC/3/2 page 75 343. The cluster munitions issue is a very particular one. There is ample evidence that cluster bombs were used in an indiscriminate manner and that many towns and villages were littered with the bomblets as well as large tracts of agricultural land. For example, there is evidence of targeting directly on Tibnin, Nabatiyeh, Yahmor, Ain Ibel, Yaroun, Bent J’beil, Qfar Tibnit and Swane. The concentration of cluster attacks in the area North of the Litani in the last 72 hours of the conflict is particularly difficult to justify as it is out of “Katyusha” range for targets in Israel. It is however a rich agricultural area. The extent of the use cluster munitions by IDF goes beyond that required to interdict their opponents and points more towards a punitive use of weapon. 344. Israel infringed its international law, international humanitarian law and human rights obligations. As a consequence, the question of its international responsibility arises. It is worth recalling that the obligation of a State responsible for an internationally wrongful act to put an end to that act is well established in general international law, and the existence of such a duty has been reiterated by ICJ.285 345. The Government of Israel was required to respect and ensure respect at all times for international humanitarian law and human rights by its armed forces. These violations were not only committed by members of IDF but were part of a plan or policy. The declarations of high military commanders that “we will turn Lebanon’s clock back 20 years”, and that “once inside Lebanon everything is legitimate” bears this out. 346. The conduct of military operations is regulated by a universally recognized body of legal prescriptions. It is also well settled that serious violations of international humanitarian law entail individual criminal responsibility.286 As underscored by the United Nations High Commissioner for Human Rights, “war crimes and crimes against humanity may be committed even by those who believe, accurately or not, that their combat is a just one and their cause a worthy pursuit”. She adds: “When… legal obligations regulating the conduct of hostilities are violated, personal criminal responsibility may ensue, particularly for those in position of command and control”.287 347. In this regard, first, grave breaches of the Geneva Conventions and Additional Protocol I constitute war crimes and their violations entail individual responsibility. Second, customary international law also provides for individual criminal responsibility for such breaches as well as for violations of the laws and customs of war and other serious violations of international humanitarian law. Third, it must also be underlined that violations of a number of core human rights equally entail under the relevant international human rights instruments and customary international law individual responsibility. The Commission’s report contains many indications of conduct that constitute serious international humanitarian law and human rights violations for which individual responsibility can be imputed. These entail an obligation on the part of Israel to put to an end to serious breaches of international humanitarian law and human rights committed and to prosecute those responsible. In this regard, the international community has its part of responsibility. 348. It is important that continued attention be given and efforts be undertaken by the Human Rights Council to ensure justice for the victims and accountability for international humanitarian law and human rights violations. If not, the culture of impunity will not be brought to an end.

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