A/HRC/2/7
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population, and give it enough time and the opportunity to evacuate safely, unless circumstances
do not permit.82 Reported cases of civilians attacked while fleeing cast doubt as to whether these
obligations were always met. 83
67.
As regards protection and assistance for the displaced persons, one has to note that, while
Lebanon has experienced displacement before, it was caught unprepared by the magnitude of the
recent displacement. The intensity of the conflict affecting large parts of the country, the degree
of destruction of civilian infrastructure and the far-reaching limitations on humanitarian access
exacerbated the crisis. Despite an unprecedented degree of support and solidarity by
non-governmental organizations and civil society and the population at large, many IDPs were in
desperate need of assistance, especially the elderly, ill and poor, often consisting of large
families with small children. While maternal mortality and morbidity rates did not deteriorate
among the IDPs, the mission was informed that maternal health and the health of newborns were
compromised.84 The Lebanese authorities, other Lebanese actors and the international
community managed to avoid a large-scale humanitarian crisis among the IDPs despite very
difficult circumstances.
B. Israel
1. The conduct of hostilities by Hezbollah
68.
The public statements of the Secretary-General of Hezbollah, Hassan Nasrallah,
explicitly reject the requirements of international humanitarian law, and Hezbollah’s conduct
appears to reflect this lawless approach to the conduct of armed conflict. While many of his
statements do recognize that there are valid distinctions between civilians and combatants and
between civilian and military objects,85 they argue that Hezbollah has a right, and even a duty to
disregard these distinctions in the pursuit of victory.
69.
First, these statements reject the absolute character of the principle of distinction.86
Second, these statements argue that Hezbollah has a right to violate humanitarian law in so far
as Israel does so: when “the Zionists” in their conduct abandoned all rules, red lines and limits
of engagement, it became Hezbollah’s right to respond in like fashion. This analysis leads to
the conclusion that so long as Hezbollah’s violations of the law are “reactions” to Israeli
excesses - whether violations of the law or of otherwise defined limits of engagement - they are
justified.87
70.
The notion that one party’s violation of humanitarian law may justify the other party’s
violation is called reprisal. Leaving aside the question of requirements for a reprisal to be
legitimate, reprisals against civilians are absolutely prohibited.88
71.
Hezbollah’s actual conduct was consistent with Mr. Nasrallah’s public statements. Of
the 4,000-4,500 rockets fired, about 900 hit built-up areas, i.e. villages, towns, and cities; the
remainder landed in “open areas”, according to Israeli sources.89 The vast majority of rockets
(more than 50 per cent) landed in three areas: Kiryat Shmona, Nahariya and Tzfat (Safed).
Other hard-hit towns include Karmiel, Akko (Acre), Haifa, and Tiberias. Although IDF
provided no evidence that military installations had been hit, the number of Israeli soldiers killed
and wounded would seem to indicate that a significant number of Hezbollah attacks did hit
military targets.
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