This report [Human Rights Watch] documents serious violations of international humanitarian law (the laws of war) by Israel Defense Forces (IDF) in Lebanon between July 12 and July 27, 2006, as well as the July 30 attack in Qana. During this period, the IDF killed an estimated 400 people, the vast majority of them civilians, and that number climbed to over 500 by the time this report went to print. The Israeli government claims it is taking all possible measures to minimize civilian harm, but the cases documented here reveal a systematic failure by the IDF to distinguish between combatants and civilians.Since the start of the conflict, Israeli forces have consistently launched artillery and air attacks with limited or dubious military gain but excessive civilian cost. In dozens of attacks, Israeli forces struck an area with no apparent military target. In some cases, the timing and intensity of the attack, the absence of a military target, as well as return strikes on rescuers, suggest that Israeli forces deliberately targeted civilians.
The Israeli government claims that it targets only Hezbollah, and that fighters from the group are using civilians as human shields, thereby placing them at risk. Human Rights Watch found no cases in which Hezbollah deliberately used civilians as shields to protect them from retaliatory IDF attack. Hezbollah occasionally did store weapons in or near civilian homes and fighters placed rocket launchers within populated areas or near U.N. observers, which are serious violations of the laws of war because they violate the duty to take all feasible precautions to avoid civilian casualties. However, those cases do not justify the IDF’s extensive use of indiscriminate force which has cost so many civilian lives. In none of the cases of civilian deaths documented in this report is there evidence to suggest that Hezbollah forces or weapons were in or near the area that the IDF targeted during or just prior to the attack.
By consistently failing to distinguish between combatants and civilians, Israel has violated one of the most fundamental tenets of the laws of war: the duty to carry out attacks on only military targets. The pattern of attacks during the Israeli offensive in Lebanon suggests that the failures cannot be explained or dismissed as mere accidents; the extent of the pattern and the seriousness of the consequences indicate the commission of war crimes.
This report is based on extensive on-the-ground research in Lebanon. Since the start of hostilities, Human Rights Watch has interviewed victims and witnesses of attacks in one-on-one settings, conducted on-site inspections (when security allowed), and collected information from hospitals, humanitarian groups, and government agencies. Human Rights Watch also conducted research in Israel, inspecting the IDF’s use of weapons and discussing the conduct of forces with IDF officials. The research was extensive, but given the ongoing war and the scope of the bombings, Human Rights Watch does not claim that the findings are comprehensive; further investigation is required to document the war’s complete impact on civilians and to assess the full scope of the IDF’s compliance with and disregard for international humanitarian law.
While not the focus of this report, Human Rights Watch has separately and simultaneously documented violations of international humanitarian law by Hezbollah, including a pattern of attacks that amount to war crimes. Between July 12, when Hezbollah captured two Israeli soldiers and killed eight, and July 27, the group launched a reported 1,300 rockets into predominantly civilian areas in Israel, killing 18 civilians and wounding more than 300. Without guidance systems for accurate targeting, the rockets are inherently indiscriminate when directed toward civilian areas, especially cities, and thus are serious violations of the requirement of international humanitarian law that attackers distinguish at all times between combatants and civilians. Some of these rockets, Human Rights Watch found, are packed with thousands of metal ball-bearings, which spray more than 100 meters from the blast and compound the harm to civilians.
This report analyzes a selection of Israeli air and artillery attacks that together claimed at least 153 civilian lives, or over a third of the reported Lebanese deaths in the conflict’s first two weeks. Of the 153 civilian deaths documented in this report by name, sixty-three of the victims were children under the age of eighteen, and thirty-seven of them were under ten. Israeli air strikes also killed many dual nationals who were vacationing in Lebanon when the fighting began, including Brazilian, Canadian, German, Kuwaiti, and U.S. citizens. The full death toll is certainly higher because medical and recovery teams have been unable to retrieve many bodies due to ongoing fighting and the dire security situation in south Lebanon.
The report breaks civilian deaths into two categories: attacks on civilian homes and attacks on civilian vehicles. In both categories, victims and witnesses interviewed independently and repeatedly said that neither Hezbollah fighters nor Hezbollah weapons were present in the area during or just before the Israeli attack took place. While some individuals, out of fear or sympathy, may have been unwilling to speak about Hezbollah’s military activity, others were quite open about it. In totality, the consistency, detail, and credibility of testimony from a broad array of witnesses who did not speak to each other leave no doubt about the validity of the patterns described in this report. In many cases, witness testimony was corroborated by reports from international journalists and aid workers. During site visits conducted in Qana, Srifa, and Tyre, Human Rights Watch saw no evidence that there had been Hezbollah military activity around the areas targeted by the IDF during or just prior to the attack: no spent ammunition, abandoned weapons or military equipment, trenches, or dead or wounded fighters. Moreover, even if Hezbollah had been in a populated area at the time of an attack, Israel would still be legally obliged to take all feasible precautions to avoid or minimize civilian casualties resulting from its targeting of military objects or personnel. In the cases documented in this report, however, the IDF consistently tolerated a high level of civilian casualties for questionable military gain.
International humanitarian law requires effective advance warnings to the civilian population prior to an attack, when conditions permit. But those warnings do not way relieve Israel from its obligation at all times to distinguish between combatants and civilians and to take all feasible precautions to protect civilians from harm. In other words, issuing warnings in no way entitles the Israeli military to treat those civilians who remain in southern Lebanon as combatants who are fair game for attack.
The armed conflict between Israel and Hezbollah is governed by international treaties, as well as the rules of customary international humanitarian law. Article 3 Common to the Geneva Conventions of 1949 sets forth minimum standards for all parties to a conflict between a state party such as Israel and a non-state party such as Hezbollah. Israel has also asserted that it considers itself to be responding to the actions of the sovereign state of Lebanon, not just to those of Hezbollah. Any hostilities between Israeli forces and the forces of Lebanon would fall within the full Geneva Conventions to which both Lebanon and Israel are parties. In either case, the rules governing bombing, shelling, and rocket attacks are effectively the same.
-Excerpts From Human Rights Watch's Report Summary: Fatal Strikes - Israel’s Indiscriminate Attacks Against Civilians in Lebanon
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