Flooding South Lebanon - Human Rights Watch

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67 Human Rights Watch February 2008
was present at the time of attack or was using the hospital for military purposes. 200 One nurse added, “Here in the hospital we did not hear anything [i.e. any fire] coming out of Tebnine.” 201 A main road runs close to the hospital—a road that Hezbollah fighters may have been using to transit north-south. However, there is reason to question the legality of using an area-effect weapon on any target that is even in close proximity to a hospital. If Israel was targeting Hezbollah combatants using the road, the IDF must justify why it chose to use cluster munitions to target fighters while they were close to a protected place and not at some other point on the route. If it can be shown the Israel indiscriminately or deliberately attacked the hospital without military justification and with criminal intent, it would amount to a war crime. It is imperative that Israel conduct a thorough investigation of this incident, make the results public, identify those responsible for ordering and carrying out the attack, and hold them responsible for any violations or war crimes should the evidence substantiate such conclusions. The UN should include investigation of the cluster bombing of Tebnine within the mandate of the International Commission of Inquiry into reports of violation of international humanitarian law in Lebanon and Israel that Human Rights Watch is calling on the Secretary-General of the United Nations to establish. Yohmor The IDF heavily bombarded Yohmor, a large village just north of the Litani River, with cluster munitions in the two days prior to the ceasefire. When Human Rights Watch researchers first arrived in the town on August 17, 2006, the Lebanese Army and UN demining groups were destroying cluster duds throughout the town. After two months of clearance work, when Human Rights Watch returned on October 26, 2006, unexploded submunitions still lay scattered in Yohmor’s gardens and fields. Submunitions could be found throughout the village of 7,500 civilians. “People here can’t move,” Kasim M. Àleik, the head of Yohmor municipality, told Human Rights 200 Human Rights Watch interview with Musa (last name withheld), nurse, Tebnine Hospital, Tebnine, August 20, 2006; Human Rights Watch interview with Yousif Fawwaz, mukhtar, Tebnine, October 24, 2006. 201 Human Rights Watch interview with Musa (last name withheld), nurse, Tebnine Hospital, Tebnine, August 20, 2006. Flooding South Lebanon 68
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Lebanon Flooding South Lebanon Isra
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Civilian Harm......................
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Acronyms BLU CBU CCW COI DPICM ICRC
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Summary The Israel Defense Forces (
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Israel’s strikes in 2006 were the
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leaving behind vast numbers of haza
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compensate for the cluster rockets
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immediately before a negotiated cea
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knowingly or recklessly indiscrimin
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production, transfer and stockpilin
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numerous men, women, and children w
Page 24 and 25: To the Secretary-General of the Uni
Page 26 and 27: Cluster Munitions and International
Page 28 and 29: At least 14 states and a small numb
Page 30 and 31: • Refraining from launching attac
Page 32 and 33: This does not just mean immediate c
Page 34 and 35: Israel is a major producer and expo
Page 36 and 37: Types of Cluster Munitions and Subm
Page 38 and 39: An unexploded M77, a US-made dual p
Page 40 and 41: This CBU-58B cluster bomb casing, s
Page 42 and 43: likely that the MZD-2s found in Leb
Page 44 and 45: contaminated by submunitions. 89 Ho
Page 46 and 47: Timing and Targets: When and How Cl
Page 48 and 49: with 500-pound bombs. The increase
Page 50 and 51: Human Rights Watch field research c
Page 52 and 53: percent, and dismissed the problem
Page 54 and 55: A UNIFIL deminer holds an Israeli-m
Page 56 and 57: Civilian Harm Cluster munitions hav
Page 58 and 59: 51 Human Rights Watch February 2008
Page 60 and 61: submunition causing it to explode.
Page 62 and 63: Dr. Àbdel Nasser Farran told Human
Page 64 and 65: Agriculture Perhaps the most danger
Page 66 and 67: exploded, and a young woman was pic
Page 68 and 69: from the war. 180 Tragedy struck wh
Page 70 and 71: injured in my legs. I still can’t
Page 72 and 73: in operation for many years, includ
Page 76 and 77: 69 Human Rights Watch February 2008
Page 78 and 79: the grove of fruit trees. Though sh
Page 80 and 81: of the fighting. Although no one is
Page 82 and 83: oad to visit his cousin when his br
Page 84 and 85: Four-year-old Àli Muhammad Yaghi w
Page 86 and 87: place.” 237 Assessing the monetar
Page 88 and 89: especially because we needed to irr
Page 90 and 91: conflict interrupted existing clear
Page 92 and 93: An engine from a US-made M26 Multip
Page 94 and 95: duds around villages. 268 With the
Page 96 and 97: Various reasons exist as to why com
Page 98 and 99: Lack of Israeli Assistance Perhaps
Page 100 and 101: checkpoints. Similarly, UNIFIL has
Page 102 and 103: Israel’s Statements on the Use of
Page 104 and 105: This statement followed the finding
Page 106 and 107: investigations into Israel’s appa
Page 108 and 109: that would confirm that these weapo
Page 110 and 111: specific to the weapons. When conce
Page 112 and 113: disregard of that character, they g
Page 114 and 115: employed, the way that they were us
Page 116 and 117: are antipersonnel, area denial weap
Page 118 and 119: emain to take care of elderly or si
Page 120 and 121: early 2007 aimed at identifying the
Page 122 and 123: the United States, there is little
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Conclusion Israel’s use of cluste
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kidnapped IDF soldiers, and so aver
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Proportionality A further legal req
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In practice, this requires that the
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neutralization offers a definite mi
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it is more brutal. If Hizbullah had
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Another issue of humanitarian conce
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Acknowledgements This report was wr
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Flooding South Lebanon - Human Rights Watch

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