A/HRC/3/2
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expression and in the light of international humanitarian law, Hezbollah constitutes an armed
group, a militia, whose conduct and operations enter into the field of application of article 4,
paragraph 2 (b), of the Third Geneva Convention of 12 August 1949. Seen from inside Lebanon
and in the absence of the regular Lebanese Armed Forces in South Lebanon, Hezbollah
constituted and is an expression of the resistance (‘mukawamah’) for the defence of the territory
partly occupied. A government policy statement regarded the Lebanese resistance as a true and
natural expression of the right of the Lebanese people in defending its territory and dignity by
confronting the Israeli threat and aggression.33 In his address to the nation, on 18 August 2006,
President Emile Lahoud paid tribute to the “National Resistance fighters”.34 Hezbollah had also
assumed de facto State authority and control in South Lebanon in non-full implementation of
Security Council resolutions 1559 (2004) and 1680 (2006), which, inter alia, had called for and
required the disarmament of all armed groups, and had urged the strict respect of the sovereignty,
territorial integrity and unity of Lebanon under the sole and exclusive authority of the
Government of Lebanon throughout the country.
58.
Thirdly, the State of Lebanon was the subject of direct hostilities conducted by Israel,
consisting of such acts, as an aerial and maritime blockade that commenced on 13 July 2006,
until their full lifting on 6 and 8 September 2006, respectively; a widespread and systematic
campaign of direct and other attacks throughout its territory against its civilian population and
civilian objects, as well as massive destruction of its public infrastructure, utilities, and other
economic assets; armed attacks on its Armed Forces; hostile acts of interference with its internal
affairs, territorial integrity and unity and acts constituting temporary occupation of Lebanese
villages and towns by IDF.
59.
That aside, a number of Lebanese high government authorities informed the Commission
that they considered that, to the extent that Lebanon was a victim, and suffered the devastating
effect of armed hostilities by Israel, it was a party to the conflict. In the words of the Minister of
Justice: “un agressé peut être une partie d’un conflit”.35 Insofar as it is relevant and having
regard to common article 2, paragraph 2, of the Geneva Conventions of 1949, international
humanitarian law applies even in a situation, where for example the armed forces of a State party
temporarily occupy the territory of another State, without meeting any resistance from the latter.
On the same legal basis, it has been stated that the Geneva Conventions apply even where a State
temporarily occupies another State without an exchange of fire having taken place or in a
situation where the Occupying State encounters no military opposition whatsoever.36
60.
The Commission considers that both Lebanon and Israel were parties to the conflict.
They remain bound by the Geneva Conventions of 1949, and customary international
humanitarian law existing at the time of the conflict. Hezbollah is equally bound by the same
laws. For completeness, and as mentioned earlier, both Israel and Lebanon are parties to the
main international human rights instruments, and they remain legally obliged to respect them.
61.
Moreover, while Hezbollah’s illegal action under international law of 12 July 2006
provoked an immediate violent reaction by Israel, it is clear that, albeit the legal justification for
the use of armed force (self-defence37), Israel’s military actions very quickly escalated from a
riposte to a border incident into a general attack against the entire Lebanese territory. Israel’s
response was considered by the Security Council in its resolution 1701(2006) as “offensive
military operation”. These actions have the characteristics of an armed aggression, as defined by
General Assembly resolution 3314 (XXIX).
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