A/HRC/3/2
page 21
44.
The Government of Lebanon decided on 27 July 2006 that it would extend its authority
over its territory in an effort to ensure that there would not be any weapons or authority other
than that of the Lebanese State.19
45.
Terms for a ceasefire were drawn and revised several times over the course of the
conflict, yet successful agreement between the parties took several weeks. Lebanon frequently
pleaded for the Security Council to call for an immediate, unconditional ceasefire between Israel
and Hezbollah.
46.
On 11 August 2006, the Security Council adopted resolution 1701 (2006) calling inter
alia for a “full cessation of hostilities based upon, in particular, the immediate cessation by
Hezbollah of all attacks and the immediate cessation by Israel of all offensive military
operations, and emphasizing the need to address urgently the causes that have given rise to the
current crisis, including by the unconditional release of the abducted Israeli soldiers.” On the
same day, the Human Rights Council, meeting in special session, adopted resolution S-2/1,
condemning Israeli violations of human rights and of international humanitarian law and calling
for the establishment of the Commission of Inquiry.
47.
Both parties to the conflict agreed on a ceasefire, which took effect on 14 August 2006
at 0800 hours.
48.
The Lebanese Army began deploying in southern Lebanon on 17 August 2006. As
reported by the Secretary-General, from an initial deployment of 1,500 troops, they built up to a
full strength south of the Litani River of around 10,000-15,000.20 As of 18 August, UNIFIL
had some 2,000 personnel in Southern Lebanon; by 13 October, this had increased to
over 5,000 - the figure required for the IDF to withdraw fully from Lebanon.
49.
The blockade was lifted on 6-7 September 2006. On 1 October, the Israeli army reported
that it had completed its withdrawal from southern Lebanon, information that was confirmed by
UNIFIL.21 UNIFIL confirmed that its forces were still operating near Ghajar, and the situation
was still being discussed between UNIFIL, IDF and the Lebanese Army at the time of writing.22
The situation related to Shab’a Farms remained the same.
3. Qualification of the conflict
50.
An essential pre-condition for the application of international humanitarian law and the
establishment of the applicable and governing rules, is a determination on the factual existence
of an armed conflict, and its legal classification. Legal obligations under international
humanitarian law also depend on the very character of a conflict. Accordingly, the two key
issues that inherently arise are, (a) whether or not between 12 July and 14 August 2006 an armed
conflict took place in Lebanon and in Israel, and if so, (b) who were the Parties to it.
51.
First, it is well established in international humanitarian law that for the existence of an
armed conflict the decisive element is the factual existence of the use of armed force. That aside,
there is authority for the proposition that an armed conflict exists whenever there is a resort to
armed force between States or protracted armed violence between governmental authorities and
organized armed groups or between such groups within a State.23 International humanitarian law
applies as soon as an armed conflict arises and it binds all the parties thereto to fully comply
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