A/HRC/3/2 page 73 329. The direct attacks on UNIFIL/OGL positions by IDF cannot be justified on grounds of military necessity. These attacks constitute a clear violation of international law and international humanitarian law. 330. There is some evidence that Hezbollah used towns and villages as “shields” for their firings. At the same time, evidence points to such use when most of the civilian population had departed the area. The Commission found no evidence regarding the use of “human shields” by Hezbollah. However, there was evidence of Hezbollah using UNIFIL and Observer Group Lebanon posts as deliberate shields for the firing of their rockets. 331. The Commission has formed a clear view that, cumulatively, the deliberate and lethal attacks on civilians and civilian objects, including protected religious property, protected cultural and historical property, and items essential to the survival of the civilian population; the collateral damage caused to protected cultural and historical properties; the attacks against protected personnel, including LRC and Civil Defence; the indiscriminate and disproportionate nature of these attacks; the wilful targeting of fleeing civilians; and the gratuitous and wanton destruction of civilian property and civilian infrastructure offering no clear and unambiguous military advantage, amount to collective punishment. 332. The abduction of civilians on Lebanese territory and their unlawful transfer and detention in Israeli prisons, including their subjection to cruel, degrading and inhuman treatment contravene international humanitarian law and human rights obligations. 333. Forced displacement of almost one million persons in and outside of Lebanon as a direct or indirect result of the indiscriminate attacks on civilians, civilian property and infrastructure, threats and fear arising there from, constitutes a violation of international law and human rights. 334. Failure to provide free and uninterrupted access for humanitarian assistance to civilian population in need, as well as the imposition of unnecessary movement limitations on humanitarian convoys constitute a grave violation of international humanitarian law obligations to ensure access to humanitarian assistance and to provide security guarantees for their effective deployment. 335. Israel’s blockade of Lebanese airport and ports had a significant impact on human life, the environment and on the Lebanese economy. It led to great suffering for the civilian population, damage to the environment, and substantial economic loss. Therefore, it is a violation of essential principles of international law, international humanitarian law and human rights law. 336. None of the weapons known to have been used by IDF are illegal per se under international humanitarian law. The manner in which these weapons were used raises questions regarding distinction and proportionality. 337. The use of cluster munitions by IDF was of no military advantage and was in contradiction to the principles of distinction and proportionality. These were part of a widespread and systematic targeting of civilians and their property, thus causing great suffering, injury and death during and after the conflict. The extent of the use of the munitions particularly during the last 72 hours of the conflict, points toward a plan by IDF.

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