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was made. The mere fact that cluster munitions are not a banned weapon should not have led
Israel to overlook other requirements of international humanitarian law.
57.
Moreover, one government official acknowledged that cluster bombs were used in part to
prevent Hezbollah fighters from returning to the villages after the ceasefire. As these sites were
often located in civilian built-up or agricultural areas, the long-term effect on the civilian
population should have been obvious.64 This rationale would be consistent with reports from
UNMACC and other sources that the majority of the cluster munitions were delivered in the final
72 hours of the conflict, when a ceasefire was imminent. While some Government of Israel
interlocutors denied the allegation, others spoke of a gradual crescendo in the use of cluster
bombs during the last 10 days of the conflict.
5. Use by Hezbollah of civilian sites for military activities
58.
It is clear that Hezbollah made at least some use of houses and other civilian sites to hide
or conceal military activities. Although systematic evidence was not presented to the mission in
this regard, the Government of Israel has provided it with video material unmistakably showing
rockets being launched from civilian residential buildings in South Lebanon. This conduct was a
violation of international humanitarian law obligations. The question of whether Hezbollah used
human shields is more complicated, and the mission did not receive clear evidence on that issue.
Under international law, the term “human shield” is appropriate when there is “an intentional
collocation of military objectives and civilians or persons hors de combat with the specific intent
of trying to prevent the targeting of those military objectives”.65 This relatively precise definition
of the term should be maintained, especially in light of the distinction between war crimes and
other violations of humanitarian law.66
6. Impact on the civilian population
59.
During the 34 days of the conflict, the population in the affected areas suffered violations
of a broad range of their human rights. Many lost their lives, homes and livelihoods. While
many civilians were physically injured, many more suffered intense distress, in some cases
amounting to post-traumatic stress disorder. By hitting hardest the most disadvantaged members
of society, including the elderly, children, households headed by women and those living in
poverty, the conflict deepened pre-existing inequalities.
60.
The destruction of homes in villages of the south of the country is said to have been the
main cause of civilian deaths during the conflict. According to UNIFIL, on 15 August 2006, in
Tayyabah, 80 per cent of the civilian houses were destroyed, 50 per cent in the villages of
Markaba and Qantarah, and 30 per cent in Mays al Jabal.67In the Dahiya, some 150 apartment
buildings were destroyed and approximately the same number damaged. Between
30,000 and 60,000 persons are left without homes.68 The death of at least 28 civilians due to the
collapse of a three-storey residential building hit by Israeli missiles in Qana on 30 July 2006,69
underscores the relevance of destruction of buildings as a cause of death of civilians. A
significant number of deaths were also reported in areas outside Beirut and the south of Lebanon
such as in the Bekaa Valley.70
61.
The demolition of homes in violation of international humanitarian law (see para. 46
above) and subsequent displacement71 amounts to forcible eviction and calls into question
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