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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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