A/HRC/3/2
page 74
338. The widespread and systematic nature of messages relayed and communicated to the
Lebanese population, the timing and manner in which they were relayed, and the inflammatory
language used, bear out that they were intended to incite or otherwise provoke inter-confessional
violence and civil disorder in Lebanon. Given the particular political context in Lebanon, these
acts amount to undue interference in Lebanese internal affairs.
339. The Commission’s conclusions concerning violations of human rights have been
formulated from a general perspective coming from a fact-finding body and not from a human
rights monitoring body. For this purpose, the question of human rights violations can be
addressed from two viewpoints: particular cases concerning well-identified individuals and cases
targeting a large group of victims or part of the population.
340. The Commission examined during its inquiry different individual incidents and situations
of a general character, taking into account the post-conflict situation in Lebanon. Thus the
Commission classifies its legal evaluation on two levels:
(a)
In some cases where the attacks against civilians or their property were direct and
deliberate, where abductions, transfers and detentions in Israel of civilians occurred, it can be
consider that there is a violation of the right to life, the right to property, the interdiction of
inhuman, humiliating and degrading treatment. Moreover, these deliberate strikes against
civilians amount in fact to summary and extra-judicial executions of persons (suspected or
assimilated to terrorists-enemies). It not only violated the fundamental rights of these persons
(right to life, right to personal security, fair trial, non-discrimination) but also constitutes a very
negative State practice, extremely disturbing for contemporary legal culture. The particular
attention of the international community is drawn to this;
(b)
In a general framework, violations of the right to life, the right to education, the
right to property, the right to a healthy environment, the right to voluntarily return home in safety
(without limitations), the right of everyone to an adequate standard of living for individuals and
their families, including adequate food, clothing and housing and the right of everyone to the
enjoyment of just and favorable conditions of work are at issue.
C. The question of international responsibility
341. The Commission considers that the conflict gives rise to two pertinent issues. Namely,
(a) the international responsibility of Israel under international law, international humanitarian
law and human rights and (b) the accountability of individuals, for serious international
humanitarian law and human rights violations.
342. It emerges clearly from all the facts and their legal analysis that IDF actions resulted in
civilian deaths and injuries; destruction and damage to civilian properties and protected objects;
and direct loss, damages and injuries to the Government of Lebanon and its people, including
environmental harm. In certain cases, such as the deliberate attacks against civilians and civilian
properties, attacks against Red Cross ambulances and other protected objects, and the
indiscriminate use of cluster munitions, the violations committed by IDF could qualify as serious
violations of the laws and customs of war and war crimes.
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