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There is ample evidence pointing to a significant increase in the intensity of the overall
bombardment including cluster munitions in the last 72 hours of the conflict, including the
period after the adoption of Security Council resolution 1701 (2006). OCHA affirms that
90 per cent of all cluster bombs and their sub-munitions were fired by IDF into south Lebanon
during these last 72 hours of the conflict.212 For example, cluster bombardments were
particularly heavy in and around the Tibnin hospital grounds, especially on 13 August
when 2,000 civilians were seeking shelter there.
250. UNMACC, in cooperation with the Lebanese armed forces (National De-mining Office),
has identified a total of 789 cluster strike locations throughout Lebanon. As of 31 October 2006,
the estimate is that over one million cluster bombs had been fired in Lebanon. The reported dud
rate of cluster munitions is as high as 40 per cent.213 In other words, many of the bomblets did
not explode but, rather like anti-personnel mines, they littered the ground with the potential to
explode at any time later.
251. This wide use of cluster bombs has been admitted by Israeli forces. On 12 September,
the Haaretz newspaper quoted an IDF unit commander stating that “[I]n order to compensate for
the rockets’ imprecision, the order was to “flood” the area with them. … We have no option of
striking an isolated target, and the commanders know this very well”. He also stated that the
reserve soldiers were surprised by the use of MLRS rockets, because during their regular army
service, they were told these are ‘judgment day weapons’ of IDF and intended for use in a
full-scale war.214 An Israeli reservist soldier interviewed by the same newspaper also stated that
“[I]n the last 72 hours we fired all the munitions we had, all at the same spot, we didn’t even
alter the direction of the gun. Friends of mine in the battalion told me they also fired everything
in the last three days - ordinary shells, clusters, whatever they had.”215 With regard to the exact
timing of the launching of the cluster rockets, a unit commander said “[T]hey told us that this is a
good time because people are coming out of the mosques and the rockets would deter them.”216
The commander also said that at least in one case, they were asked to fire cluster rockets toward
“a village’s outskirts” in the early morning.
252. During the conflict, including the last 72 hours, IDF cluster strikes were concentrated on
three main areas of southern Lebanon. First, in the areas immediately to the east and south east
of Tyre, a heavy populated area. The locality was possibly targeted because of its very rich
agricultural area specializing in banana and citrus orchards, but more probably because it was
used by Hezbollah to fire missiles using the orchards as cover.217 Second, in the Tibnin area,
which is a Hezbollah stronghold. Lastly, in the area north of the Litani; this is more difficult to
explain, as it is known to be outside the range of Hezbollah rockets into Israel. The argument for
using cluster bombs to interdict rocket firings therefore does not apply.
253. There is also 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. In addition to Tibnin, Nabatiyeh, Yahmor, Ain Ibel,Yaroun, Bent J’beil,
Qfar Tibnit and Swane were also deliberate targets of cluster bombings.
254. The particular military use of these munitions lies in the wide area the munitions can
cover. It provides the military with a very effective weapon against targets such as troops in the
open or in defensive positions, artillery batteries, and concentrations of vehicles or tanks.
However, the inherent area coverage of cluster munitions calls for clear separation between
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