2006 Lebanon War - Allegations, Accusations and Reports of War Crimes

Allegations, Accusations and Reports of War Crimes

Under international humanitarian law, warring parties are obliged to distinguish between combatants and civilians, ensure that attacks on legitimate military targets are proportional, and guarantee that the military advantage of such attacks outweigh the possible harm done to civilians. Violations of these laws are considered war crimes. Various groups and individuals accused both Israel and Hezbollah of violations of these laws during the conflict, and warned of possible war crimes. These allegations included intentional attacks on civilian populations or infrastructure, disproportionate or indiscriminate attacks, the use of human shields, and the use of prohibited weapons. No formal charges have been filed against either group.

Amnesty International called on both Hezbollah and Israel to end attacks on civilians during the conflict, and criticized attacks against civilian villages and infrastructure by Israel. They also highlighted IDF use of white phosphorus shells in Lebanon. Human Rights Watch accused both parties of failing to distinguish between civilians and combatants, violating the principle of distinction, and committing war crimes. Peter Bouckaert, a senior emergencies researcher for Human Rights Watch, stated that Hezbollah was "directly targeting civilians... their aim is to kill Israeli civilians" and that Israel had not taken "the necessary precautions to distinguish between civilian and military targets." They criticized Hezbollah's use of unguided Katyusha rockets, and Israel's use of unreliable cluster bombs – both too close to civilians areas – suggesting that they may have deliberately targeted civilians. UN humanitarian chief Jan Egeland said Israel's response violated international humanitarian law, and criticized Hezbollah for "cowardly blending... among women and children." He also called Israel's use of over 100,000 cluster bombs "immoral". According to Egeland, 90% of such bombs were launched by Israel in the last 3 days of combat, when it was known that a UN resolution was on its way.

Israel said that it tried to avoid civilians, and had distributed leaflets calling on civilian residents to evacuate, but that Hezbollah stored weapons in and fired from civilian areas, making those areas legitimate targets, and used civilians as human shields. Amnesty International and Human Rights Watch found cases where Hezbollah did fire rockets from, and store weapons in, populated areas and deploy its forces among the civilian population; however, both say that is not conclusive evidence of the intent to use civilians as human shields. HRW stated that "the IDF struck a large number of private homes of civilian Hezbollah members during the war, as well as various civilian Hezbollah-run institutions such as schools, welfare agencies, banks, shops and political offices." Although Israel maintained that the civilian infrastructure was "hijacked" by Hezbollah and used for military purposes, but Amnesty International identified the destruction of entire civilian neighbourhoods and villages by Israeli forces, attacks on bridges with no apparent strategic value, and attacks on infrastructure indispensable to the survival of the civilian population, and questioned whether the "military advantage anticipated from destroying" civilian infrastructure had been "measured against the likely effect on civilians." They also stated that the Israeli actions suggested a "policy of punishing both the Lebanese government and the civilian population."

Al-Jazeera reported at the time: "Foreign journalists based in Lebanon also reported that the Shia militia chose to fight from civilian areas and had on occasion prevented Lebanese civilians from fleeing conflict-hit areas of south Lebanon. Al-Manar, Hezbollah's satellite channel, also showed footage of Hezbollah firing rockets from civilian areas and produced animated graphics showing how Hezbollah fired rockets at Israeli cities from inside villages in southern Lebanon."

Images obtained by the Sunday Herald Sun show that "Hezbollah is waging war amid suburbia. The images ... show Hezbollah using high-density residential areas as launch pads for rockets and heavy-calibre weapons. Dressed in civilian clothing so they can quickly disappear, the militants carrying automatic assault rifles and ride in on trucks mounted with cannon."

Amnesty International stated, however, that the volume of civilian casualties and damage to civilian infrastructure suggested that Israel wasn't just trying to target Hezbollah fighters. An AI spokesperson, Kate Gilmore, said that "he pattern, scope and scale of the attacks makes Israel's claim that this was 'collateral damage', simply not credible". "The evidence strongly suggests that the extensive destruction of power and water plants, as well as the transport infrastructure vital for food and other humanitarian relief, was deliberate and an integral part of a military strategy," Gilmore said.

On 24 July 2007, Haaretz reported that the official Israeli inquiry into the war "is to include the examination of claims that the IDF committed war crimes during last summer's fighting."

A 6 September 2007 Human Rights Watch report found that most of the civilian deaths in Lebanon resulted from "indiscriminate Israeli airstrikes", and found that Israeli aircraft targeted vehicles carrying fleeing civilians. In a statement issued before the report's release, the human rights organization said there was no basis to the Israeli government's claim that civilian casualties resulted from Hezbollah guerrillas using civilians as shields. Kenneth Roth, Human Rights Watch executive director, said there were only "rare" cases of Hezbollah operating in civilian villages. "To the contrary, once the war started, most Hizbollah(sic) military officials and even many political officials left the villages" he said. "Most Hizbollah(sic) military activity was conducted from prepared positions outside Lebanese villages in the hills and valleys around." Roth also noted that "Hezbollah fighters often didn’t carry their weapons in the open or regularly wear military uniforms, which made them a hard target to identify. But this doesn’t justify the IDF’s failure to distinguish between civilians and combatants, and if in doubt to treat a person as a civilian, as the laws of war require."

On its final report, issued on 30 January 2008, the Israeli government's Winograd Commission concluded that the Israel Defense Forces did not commit violations or war crimes, as alleged by the Human Rights Watch, Amnesty International, and other NGOs. The Commission claimed that the evidence shows that the Israel Defense Forces did not target civilians, in contrast to Hezbollah and to denunciations by NGOs, and explained that terms like “war crimes” are without basis. This report also acknowledged that Israel used cluster bombs illegally, stating that "Israel must consider whether it wants to continue using cluster bombs in the future, because its current manner of employing them does not conform to international law."