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Flooding South Lebanon - Human Rights Watch

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disregard of that character, they give rise to a duty on Israel’s part to investigate<br />

criminal responsibility on the part of those who authorized the attacks.<br />

Indiscriminate Attacks<br />

In many of the cases that <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> examined, the few civilians present at<br />

the time of the attacks could not identify a specific military target such as the<br />

presence of Hezbollah fighters, rocket launchers, or munitions in the villages<br />

attacked, nor did we find material evidence of such military targets. Furthermore, the<br />

staggering number of cluster munitions that rained on south <strong>Lebanon</strong> over three<br />

days before a negotiated ceasefire went into effect, as well as statements by Israeli<br />

soldiers attesting to the indiscriminate nature of the attacks, raises serious<br />

questions about whether they were aimed at specific targets or strategic locations, or<br />

were instead an effort to blanket whole areas with explosives and duds.<br />

In response to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>’s request that it identify the military objectives<br />

in specific attacks, including the cluster strike on Blida, the IDF declined to specify,<br />

but did send a response identifying “damage to key routes” as well as “maximal<br />

coverage of the missile-launching areas” as general objectives of its cluster munition<br />

attacks. 344 IDF lawyer Maj. Dorit Tuval later said, “The vast majority [of cluster<br />

munitions] were not used toward populated areas or near inhabited areas.” 345 Those<br />

that were used in built-up areas were directed “toward places where rockets were<br />

shot from toward Israel.” 346<br />

Although transport routes and missile (technically rocket) launching areas can be<br />

legitimate military objectives, the sheer scope and intensity of the assaults casts<br />

doubt on the adequacy of this general explanation and whether, in fact, there were<br />

discrete military objectives for all cluster munition attacks. Israeli officials, despite<br />

344 Israel’s Response to Accusations of Targeting Civilian Sites in <strong>Lebanon</strong> During the “Second <strong>Lebanon</strong> War.” The December<br />

2007 investigation also identified “maximum coverage” of launch sites as a reason to use clusters. Israel Ministry of Foreign<br />

Affairs, “Opinion of the Military Advocate General Regarding Use of Cluster Munitions in Second <strong>Lebanon</strong> War.”<br />

345 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Maj. Dorit Tuval, head of strategic section, International Law Department, IDF, Tel Aviv,<br />

Israel, July 2, 2007.<br />

346 Ibid.<br />

105<br />

<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2008

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