Flooding South Lebanon - Human Rights Watch

that would confirm that these weapons were in practice used in a manner consistent
with this military rationale.” 329
The Special Rapporteurs noted that some Israeli officials denied the allegation that the
majority of cluster munitions were fired in the last 72 hours, while others said there
was a gradual crescendo in use of cluster munitions in the last 10 days. 330 The panel
concluded, “If proven, the widely reported claim that the great majority of these
bombs were dropped in the final 72 hours of the campaign, when a ceasefire was
imminent, would indicate an intention to inhibit and prevent the return of civilians and
a reckless disregard for the predictable civilian casualties that have occurred.” 331
The Special Rapporteurs concluded that “the use of cluster munitions was inconsistent
with principles of distinction and proportionality.… In effect, then, the decision was
taken to blanket an area occupied by large numbers of civilians with small and volatile
explosives. The impact of these bomblets would obviously be indiscriminate and the
incidental effects on civilians would almost certainly be disproportionate.” 332
The report also concluded that the international community should “take urgent action
to add cluster munitions to the list of weapons banned under international law.” 333
After hearing from the Special Rapporteurs, the UN Human Rights Council charged a
separate, special UN Commission of Inquiry (COI) with investigating possible
violations of human rights and humanitarian law by Israel in Lebanon. 334 The COI
released a report in November 2006 describing the attacks as indiscriminate and
disproportionate, finding that Israel’s use of cluster munitions “was excessive and
329 Ibid., p. 13.
330 Ibid., p. 14.
331 Ibid., p. 25.
332 Ibid., p. 13.
333 Ibid., pp. 24-25.
334 In 2006, Human Rights Watch called for the establishment of an independent and impartial Commission of Inquiry to
investigate violations committed by all sides in the Israel-Hezbollah conflict. “Israel: Government Committee Should Probe
Lebanon Laws of War Violations,” Human Rights Watch news release, September 22, 2006,
http://hrw.org/english/docs/2006/09/22/isrlpa14250.htm. However, the Human Rights Council limited the mandate of the
Commission of Inquiry to investigating violations committed by Israeli forces, and not violations committed by Hezbollah.
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Human Rights Watch February 2008