A/HRC/3/2
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26.
There is some evidence that Hezbollah used towns and villages as “shields” for their
firings. At the same time, evidence points to such use when most of the civilian population had
departed the area. The Commission found no evidence regarding the use of “human shields” by
Hezbollah. However, there was evidence of Hezbollah using UNIFIL and Observer Group
Lebanon posts as deliberate shields for the firing of their rockets.
27.
The Commission was able to verify that the IDF carried out attacks on a number of
medical facilities in Lebanon, despite their protected character. The Commission also noted that
the Red Cross Movement was not spared during the conflict, as indicated in several incidents
reported by the International Committee of the Red Cross (ICRC) and the Lebanese Red Cross
(LRC). In some cases, medical personnel were the victim of collateral damage.
28.
The widespread and systematic nature of messages relayed and communicated to the
Lebanese, the timing and manner in which they were relayed, and the inflammatory language
used, bear out that they were intended to incite or otherwise provoke inter-confessional violence
and civil disorder in Lebanon. Given the particular political context in Lebanon, these acts
amount to undue interference in Lebanese internal affairs.
29.
The Commission considers that the conflict gives rise to two pertinent issues. Namely,
(a) the international responsibility of Israel under international law, international humanitarian
law and human rights and (b) the accountability of individuals, for serious international
humanitarian law and human rights violations.
30.
The Commission examined during its inquiry different individual incidents and situations
of a general character, taking into account the post-conflict situation in Lebanon. Thus the
Commission classifies its legal evaluation on two levels:
(a)
In some cases where the attacks against civilians or their property were direct and
deliberate, where abductions, transfers and detentions in Israel of civilians occurred, it can be
consider that there is a violation of the right to life, the right to property, the interdiction of
inhuman, humiliating and degrading treatment. Moreover, these deliberate strikes against
civilians amount in fact to summary and extra-judicial executions of persons (suspected or
assimilated to terrorists-enemies). It not only violated the fundamental rights of these persons
(right to life, right to personal security, fair trial, non- discrimination) but also constitutes a very
negative State practice, extremely disturbing for contemporary legal culture. The particular
attention of the international community is drawn to this;
(b)
In a general framework, the issues of violation of the right to life, right to
education, right to property, right to a healthy environment, right to voluntarily return home in
safety (without limitations), right of everyone to an adequate standard of living for himself and
her family, including adequate food, clothing and housing and the right of everyone to the
enjoyment of just and favourable conditions of work are open.
Recommendations
31.
The Commission submits the following recommendations to the Human Rights Council:
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