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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