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Flooding South Lebanon - Human Rights Watch

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was present at the time of attack or was using the hospital for military purposes. 200<br />

One nurse added, “Here in the hospital we did not hear anything [i.e. any fire]<br />

coming out of Tebnine.” 201<br />

A main road runs close to the hospital—a road that Hezbollah fighters may have<br />

been using to transit north-south. However, there is reason to question the legality of<br />

using an area-effect weapon on any target that is even in close proximity to a<br />

hospital. If Israel was targeting Hezbollah combatants using the road, the IDF must<br />

justify why it chose to use cluster munitions to target fighters while they were close<br />

to a protected place and not at some other point on the route.<br />

If it can be shown the Israel indiscriminately or deliberately attacked the hospital<br />

without military justification and with criminal intent, it would amount to a war crime. It<br />

is imperative that Israel conduct a thorough investigation of this incident, make the<br />

results public, identify those responsible for ordering and carrying out the attack, and<br />

hold them responsible for any violations or war crimes should the evidence substantiate<br />

such conclusions. The UN should include investigation of the cluster bombing of<br />

Tebnine within the mandate of the International Commission of Inquiry into reports of<br />

violation of international humanitarian law in <strong>Lebanon</strong> and Israel that <strong>Human</strong> <strong>Rights</strong><br />

<strong>Watch</strong> is calling on the Secretary-General of the United Nations to establish.<br />

Yohmor<br />

The IDF heavily bombarded Yohmor, a large village just north of the Litani River, with<br />

cluster munitions in the two days prior to the ceasefire. When <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong><br />

researchers first arrived in the town on August 17, 2006, the Lebanese Army and UN<br />

demining groups were destroying cluster duds throughout the town. After two<br />

months of clearance work, when <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> returned on October 26, 2006,<br />

unexploded submunitions still lay scattered in Yohmor’s gardens and fields.<br />

Submunitions could be found throughout the village of 7,500 civilians. “People here<br />

can’t move,” Kasim M. `Aleik, the head of Yohmor municipality, told <strong>Human</strong> <strong>Rights</strong><br />

200 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Musa (last name withheld), nurse, Tebnine Hospital, Tebnine, August 20, 2006;<br />

<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Yousif Fawwaz, mukhtar, Tebnine, October 24, 2006.<br />

201 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Musa (last name withheld), nurse, Tebnine Hospital, Tebnine, August 20, 2006.<br />

<strong>Flooding</strong> <strong>South</strong> <strong>Lebanon</strong> 68

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