A/HRC/2/7 page 9 30. A violation of the obligation to take precautionary measures vis-à-vis the civilian population or their use as human shields by one side to a conflict does not change the obligations incumbent on the other party to the conflict to weigh what constitutes an excessive attack in relation to concrete and direct military advantage. 31. Because of time, informational and other constraints, the mission was not in a position to evaluate the responsibility of individuals for crimes under national or international law. However, serious violations mentioned above and other principles of international humanitarian law by individuals constitute war crimes. States must investigate war crimes allegedly committed by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects.37 They must also investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects.38 IV. THE PROTECTION OF THE CIVILIAN POPULATION DURING THE CONFLICT39 A. Lebanon 32. During “Operation Change of Direction” from 13 July to 14 August 2006, IDF undertook two parallel efforts, an “air war” involving attacks on Hezbollah fixed and mobile targets and Lebanese infrastructure and private homes, and a “ground war” involving the invasion of Lebanon and direct engagements with Hezbollah fighters. 33. In the conduct of the air war - which had a greater impact on the civilian population compared to the limited ground invasion - Israel used air, naval and army forces. The Israeli Air Force flew some 15,500 sorties over Lebanon, attacking more than 7,000 “targets”.40 The Israeli Navy conducted over 2,500 bombardments of targets within range of the Lebanese coast. The Israeli Army fired tens of thousands of artillery shells and multiple launch rockets.41 34. In the conduct of the hostilities, Israel is accused of having violated the principle of distinction between military and civilian targets, the principle of proportionality, and the prohibition of indiscriminate attacks. Hezbollah is accused of having used the civilian population of Beirut’s southern and eastern suburbs (Dahiye) and of towns and villages in southern Lebanon as “human shields”. These alleged violations need to be discussed because of their impact on human life, housing, health and internal displacement covered by the mandates of the four independent experts. 1. Precautionary measures and principled limits to the conduct of hostilities 35. Both for principled and pragmatic reasons, Israel set certain limits on the conduct of its hostilities with Hezbollah.42 The mission was informed by IDF representatives that Israel followed its practice of drawing up lists of potential targets, with each individual target, as well as the type of weapon to be used, being reviewed by an IDF expert in humanitarian law. 36. Israel made extensive use of leaflets dropped from the air and of telephone calls to warn civilians of impending attacks, an obligation which applies unless circumstances do not permit.43

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