A/HRC/2/7
page 6
12.
While the fighting continued after the adoption of Council resolution 1701 (2006) and
even intensified up to the last moment, the cessation of hostilities took effect on 14 August 2006
at 8 a.m. Immediately afterwards, in both countries persons displaced by the conflict began
returning in large numbers to their areas of residence. The homes of many returnees to southern
Lebanon had been destroyed, and they faced shortages of water and electricity as well as very
limited access to health and other public services damaged during the conflict. Unexploded
ordnance, especially cluster bomblets, also presented great dangers to the civilian population,
particularly in southern Lebanon. Returning Israelis found homes and other amenities destroyed
and damaged.
13.
While this report considers these matters from the perspectives of the authors’ mandates,
strict space and other constraints preclude an exhaustive analysis of all of the relevant issues.
These include, for example, questions relating to the jus ad bellum, the killing of four
United Nations military observers by IDF,7 humanitarian corridors, post-ceasefire incursions by
Israel into Lebanon and the relationship between Hezbollah, Lebanon and other States. Each of
these, and a range of other issues, pose important questions which go beyond the scope of the
present report. While comparisons of the respective impacts of the conflict on the two sides are
often made, the purpose of this report is to provide detailed legal and factual information and
analysis as to the human rights consequences of the conflict. It is for the Council and others to
whom the report is directed to draw appropriate conclusions from the data and the analysis
provided.
III. THE LEGAL FRAMEWORK
A. Human rights law
14.
Both Israel and Lebanon are parties to the major human rights treaties relevant to the
current situation.8
15.
Human rights law does not cease to apply in times of war, except in accordance with
precise derogation provisions relating to times of emergency.9 More specifically, the
International Covenant on Civil and Political Rights (ICCPR) and other international human
rights instruments allow for the possibility, in circumstances that threaten the life of the nation,
to derogate from certain of its guarantees provided that the measures are strictly necessary and
are lifted as soon as the public emergency or armed conflict ceases to exist.10 Certain
guarantees, in particular the prohibition of torture and cruel, inhuman or degrading treatment or
the right to life, are non-derogable11 Lebanon has not declared an emergency in accordance with
ICCPR article 4, but it did proclaim a national state of emergency on 12 July 2006. Israel
remains in a state of public emergency proclaimed on 19 May 1948, four days after its
Declaration of Establishment.12 Upon ratifying the Covenant, it made a declaration regarding the
existence of this state of emergency and noted a reservation to article 9 (liberty and security of
person).13 As regards economic, social and cultural rights, the International Covenant on
Economic, Social and Cultural Rights (ICESCR) does not explicitly allow for derogations in
time of public emergency, but the guarantees of the Covenant may, in times of armed conflict, be
limited in accordance with its articles 4 and 5 and because of the possible scarcity of available
resources in the sense of article 2, paragraph 1.14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents