A/HRC/3/2
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79.
The Israeli operations had a devastating impact, notably in southern Lebanon. The
effects touched the civilian population, property and infrastructure, cultural objects, mosques and
churches, all with tragic results. Since the end of the hostilities, Israel has dropped leaflets in
southern Lebanon which refer to “destruction, devastation, and death”.
80.
The conduct of Israel demonstrates an overall lack of respect for the cardinal principles
regulating the conduct of armed conflict, most notably distinction, proportionality and
precaution. The particularly tragic impact on civilians and civilian property is certainly due to
this deficit.
81.
It is significant to observe IDF actions in terms of their direct and deliberate attacks
against the Lebanese population. The obligation to distinguish civilians from combatants,
civilian property from military targets, and protected civilian objects was not often respected.
Civilians suffered greatly from indiscriminate attacks. The idea of treating Lebanese citizens as
members, friends, family or sympathizers of Hezbollah, and therefore as potential enemies
and/or combatants susceptible to lawful attack, goes well beyond any legal interpretation of the
principle of ‘civilians having lost their protected status’ and of their ‘direct participation in the
hostilities’.
2. On legal basic principles
82.
During an armed conflict, the protection of civilians is a fundamental precept of
international humanitarian law, one which includes cardinal principles related to distinction,
proportionality and military necessity. Respect for human life and human dignity are at the core
of the protection afforded under international human rights law.
83.
International law requires States to ensure full respect for the right to life of those within
their jurisdiction, including protection against the arbitrary deprivation of life. At the same time,
in order to ensure the protection of civilians in armed conflict, international humanitarian law
requires that all parties to a conflict must at all times distinguish between civilians and
combatants. In essence, this means that attacks may be directed only at military objectives, that
is those objects which by their nature, location, purpose or use make an effective contribution to
military action and whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.52 Civilians may only be
targeted for such time as they participate directly in the hostilities.53 Attacks on civilian objects
are strictly prohibited unless, at the time of the attack, they were used for military purposes and
their destruction offered a definite military advantage.54
84.
According to the principle of distinction, indiscriminate attacks are strictly prohibited.55
This includes attacks which are not directed at a specific military objective, employ a method or
means of combat which cannot be directed at a specific military objective, or employ a method
or means of combat the effects of which cannot be limited as required by international
humanitarian law, and consequently are of a nature to strike military objectives and civilians or
civilian objects without distinction. Attacks by bombardment, including with rockets, which
treat as a single military objective a number of clearly separated and distinct military objectives
located in an urban area or rural village are prohibited.56 The prohibition of indiscriminate
attacks must not only determine the strategy adopted for a particular military operation but also
limit the use of certain weapons in situations where the civilian population will be affected.57
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