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international humanitarian law. It jeopardized the lives of many civilians and prevented
humanitarian assistance from reaching them. Injured persons needing to be transferred to
hospitals north of Tyre could not get the medical care needed.
148. By using this argument, IDF simply changed the status of all civilian objects by making
them legitimate targets because they might be used by Hezbollah. The principle of distinction
requires the Parties to the conflict to carefully assess the situation of each location they intend to
hit to determine whether there is sufficient justification to warrant an attack. Further, the
Commission is convinced that damage inflicted to some infrastructure was done for the sake of
destruction.
4. Precautionary measures in attacks
(a)
Warnings: leaflets, phone, text and loudspeaker messages
149. From mid-July on, IDF began warning villagers in the south to evacuate their towns and
villages. The warnings sere given by leaflets dropped by aircraft, through recorded messages to
telephones and by loudspeaker. The Commission obtained examples of some of these leaflets
(see annex VI).
150. On 25 July 2006 the Israeli Ministry of Foreign Affairs published on its official
website120 the following example of a warning to Lebanese civilians to leave areas allegedly
being used to launch rockets and not to travel by truck:
“To the people of Lebanon
Pay attention to these instructions!!
The IDF will intensify its activities and will heavily bomb the entire area
from which rockets are being launched against the State of Israel.
Anyone present in these areas is endangering his life!
In addition, any pickup truck or truck travelling south of the Litani River
will be suspected of transporting rockets and weapons and may be
bombed.
You must know that anyone travelling in a pickup truck or truck is
endangering his life.
The State of Israel.”
151. International humanitarian law requires that warring parties give “effective advance
warning” of attacks which may affect the civilian population. It is also generally accepted that a
warning is not required when circumstances do not permit, such as in cases where the element of
surprise is essential.”121 State practice establishes this rule as a norm of customary international
law. Obligations with respect to the principle of distinction and the conduct of hostilities remain
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