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236. A total of 85 artillery rounds impacted inside these UNIFIL bases on these two days
alone, 35 in Tibnin. These attacks caused “massive material damage” to all the positions. All
UNIFIL personnel were forced into shelters, which prevented casualties.
237. The attack on the UNIFIL Khiyam base of 25 July 2006 was a major incident during the
conflict and is the subject of a separate UN report. For completeness, it was necessary for the
Commission to review certain relevant facts relating to the incident. The Khiyam base was built
34 years ago and was one of four observation sites used by Observer Group Lebanon. UNIFIL
records show that during the conflict a total of 36 IDF air strikes occurred within 500 metres of
the base, 12 of these within 100 metres. In addition there had been 12 artillery bombardments
within 100 metres of the base; four of these hit the base directly. While Hezbollah had a base
150 metres away, as well as some form of operational base in a nearby prison, UNIFIL reported
that there was no Hezbollah firing taking place within the immediate vicinity of the base that
day. Throughout 25 July, UNIFIL had protested directly to IDF after each of the incidents of
close firing to the base.
238. At 1925 hours on 25 July 2006 the base was struck by a 500 kilogramme
precision-guided aerial bomb and destroyed. The United Nations Board of Inquiry noted that the
Israeli authorities accepted full responsibility for the incident and apologized to the
United Nations for what they say was an “operational level” mistake. The Board did not have
access to operational or tactical level IDF commanders involved in the incident, and was,
therefore, unable to determine why the attacks on the United Nations position were not halted,
despite repeated demarches to the Israeli authorities from United Nations personnel, both in the
field and at Headquarters. The report concluded that all standard operating procedures were
followed and no additional actions could have been taken by United Nations personnel that
would have changed the outcome.203
239. Furthermore, UNIFIL has listed, by distance, all so-called “close firings” to their
positions that took place during the conflict.204 The total number of such incidents was 208.
Regarding the breakdown, it is worth noting that 71 of these close firings were between 10 and
50 meters; 61 aerial bombs are included in these close firings; 530 artillery shells were listed as
close firings; and 162 tank rounds.205
240. It is worthy of note that, as with direct attacks, there was a marked increase in these
incidents of “close firing” on the last two days of the conflict, during which 10 aerial rockets and
108 artillery shells impacted in the vicinity of United Nations bases including the UNIFIL
Headquarters.
241. State practice treats United Nations peacekeeping forces as civilians because they are not
members of a party to the conflict and are deemed to be entitled to the same protection against
attack as that accorded to civilians, as long as they are not taking a direct part in hostilities. By
the same token, objects involved in a peacekeeping operation are considered to be civilian
objects, protected against attack.206 Under the Rome Statute, intentionally directing attacks
against personnel and objects involved in a peacekeeping mission in accordance with the Charter
of the United Nations constitutes a war crime as long as they are entitled to the protection given
to civilians and civilian objects under international humanitarian law.207
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