Human Rights Watch issued today a new 50-page report analyzing almost two dozen cases of Israeli air and artillery attacks on civilian homes and vehicles in Lebanon. The main conclusions are (i) that Israeli forces have systematically failed to distinguish between combatants and civilians in their military campaign against Hezbollah in Lebanon and (ii) the pattern of attacks in more than 20 cases investigated by Human Rights Watch researchers in Lebanon indicates that the failures cannot be dismissed as mere accidents and cannot be blamed on wrongful Hezbollah practices. The report goes on to conclude that some of these attacks constitute war crimes.

To read the full report, “Fatal Strikes: Israel’s Indiscriminate Attacks Against Civilians in Lebanon,” please visit:

http://hrw.org/reports/2006/lebanon0806

Summary

This report documents serious violations of international humanitarian law (the laws of war) by Israel Defense Forces (IDF) in Lebanon between July 12 and July 27, 2006, as well as the July 30 attack in Qana. During this period, the IDF killed an estimated 400 people, the vast majority of them civilians, and that number climbed to over 500 by the time this report went to print. The Israeli government claims it is taking all possible measures to minimize civilian harm, but the cases documented here reveal a systematic failure by the IDF to distinguish between combatants and civilians.

Since the start of the conflict, Israeli forces have consistently launched artillery and air attacks with limited or dubious military gain but excessive civilian cost. In dozens of attacks, Israeli forces struck an area with no apparent military target. In some cases, the timing and intensity of the attack, the absence of a military target, as well as return strikes on rescuers, suggest that Israeli forces deliberately targeted civilians. The Israeli government claims that it targets only Hezbollah, and that fighters from the group are using civilians as human shields, thereby placing them at risk. Human Rights Watch found no cases in which Hezbollah deliberately used civilians as shields to protect them from retaliatory IDF attack. Hezbollah occasionally did store weapons in or near civilian homes and fighters placed rocket launchers within populated areas or near U.N. observers, which are serious violations of the laws of war because they violate the duty to take all feasible precautions to avoid civilian casualties. However, those cases do not justify the IDF’s extensive use of indiscriminate force which has cost so many civilian lives. In none of the cases of civilian deaths documented in this report is there evidence to suggest that Hezbollah forces or weapons were in or near the area that the IDF targeted during or just prior to the attack.

By consistently failing to distinguish between combatants and civilians, Israel has violated one of the most fundamental tenets of the laws of war: the duty to carry out attacks on only military targets. The pattern of attacks during the Israeli offensive in Lebanon suggests that the failures cannot be explained or dismissed as mere accidents; the extent of the pattern and the seriousness of the consequences indicate the commission of war crimes.

This report is based on extensive on-the-ground research in Lebanon. Since the start of hostilities, Human Rights Watch has interviewed victims and witnesses of attacks in oneon- one settings, conducted on-site inspections (when security allowed), and collected information from hospitals, humanitarian groups, and government agencies. Human Rights Watch also conducted research in Israel, inspecting the IDF’s use of weapons and discussing the conduct of forces with IDF officials. The research was extensive, but given the ongoing war and the scope of the bombings, Human Rights Watch does not claim that the findings are comprehensive; further investigation is required to document the war’s complete impact on civilians and to assess the full scope of the IDF’s compliance with and disregard for international humanitarian law.

While not the focus of this report, Human Rights Watch has separately and simultaneously documented violations of international humanitarian law by Hezbollah, including a pattern of attacks that amount to war crimes. Between July 12, when Hezbollah captured two Israeli soldiers and killed eight, and July 27, the group launched a reported 1,300 rockets into predominantly civilian areas in Israel, killing 18 civilians and wounding more than 300. Without guidance systems for accurate targeting, the rockets are inherently indiscriminate when directed toward civilian areas, especially cities, and thus are serious violations of the requirement of international humanitarian law that attackers distinguish at all times between combatants and civilians. Some of these rockets, Human Rights Watch found, are packed with thousands of metal ball-bearings, which spray more than 100 meters from the blast and compound the harm to civilians.

This report analyzes a selection of Israeli air and artillery attacks that together claimed at least 153 civilian lives, or over a third of the reported Lebanese deaths in the conflict’s first two weeks. Of the 153 civilian deaths documented in this report by name, sixtythree of the victims were children under the age of eighteen, and thirty-seven of them were under ten. Israeli air strikes also killed many dual nationals who were vacationing in Lebanon when the fighting began, including Brazilian, Canadian, German, Kuwaiti, and U.S. citizens. The full death toll is certainly higher because medical and recovery teams have been unable to retrieve many bodies due to ongoing fighting and the dire security situation in south Lebanon.

The report breaks civilian deaths into two categories: attacks on civilian homes and attacks on civilian vehicles. In both categories, victims and witnesses interviewed independently and repeatedly said that neither Hezbollah fighters nor Hezbollah weapons were present in the area during or just before the Israeli attack took place. While some individuals, out of fear or sympathy, may have been unwilling to speak about Hezbollah’s military activity, others were quite open about it. In totality, the consistency, detail, and credibility of testimony from a broad array of witnesses who did not speak to each other leave no doubt about the validity of the patterns described in this report. In many cases, witness testimony was corroborated by reports from international journalists and aid workers. During site visits conducted in Qana, Srifa, and Tyre, Human Rights Watch saw no evidence that there had been Hezbollah military activity around the areas targeted by the IDF during or just prior to the attack: no spent ammunition, abandoned weapons or military equipment, trenches, or dead or wounded fighters. Moreover, even if Hezbollah had been in a populated area at the time of an attack, Israel would still be legally obliged to take all feasible precautions to avoid or minimize civilian casualties resulting from its targeting of military objects or personnel. In the cases documented in this report, however, the IDF consistently tolerated a high level of civilian casualties for questionable military gain.

In one case, an Israeli air strike on July 13 destroyed the home of a cleric known to have sympathy for Hezbollah but who was not known to have taken any active part in hostilities. Even if the IDF considered him a legitimate target (and Human Rights Watch has no evidence that he was), the strike killed him, his wife, their ten children, and the family’s Sri Lankan maid.

On July 16, an Israeli airplane fired a rocket into a civilian home in the village of Aitaroun, killing eleven members of the al-Akhrass family, among them seven Canadian- Lebanese dual nationals who were vacationing in the village when the war began. Human Rights Watch independently interviewed three villagers who vigorously denied that the family had any connection to Hezbollah. Among the victims were children aged one, three, five, and seven.

Others civilians came under attack in their cars as they attempted to flee the fighting in the South. This report alone documents twenty-seven civilian deaths that resulted from such attacks. The number is surely higher, but at the time the report went to press, ongoing Israeli attacks on the roads made it impossible to retrieve all the bodies. Starting around July 15, the IDF issued warnings to residents of southern villages to leave, followed by a general warning for all civilians south of the Litani River, which mostly runs about 25 kilometers north of the Israel-Lebanon border, to evacuate immediately. Tens of thousands of Lebanese fled their homes to the city of Tyre (itself south of the Litani and thus within the zone Israel ordered evacuated) or further north to Beirut, many waving white flags. As they left, Israeli forces fired on dozens of vehicles with warplanes and artillery.

Two Israeli air strikes are known to have hit humanitarian aid vehicles. On July 18 the IDF hit a convoy of the Red Crescent Society of the United Arab Emirates, destroying a vehicle with medicines, vegetable oil, sugar and rice, and killing the driver. On July 23, Israeli forces hit two clearly marked Red Cross ambulances in the village of Qana. As of August 1, tens of thousands of civilians remained in villages south of the Litani River, despite the warnings to leave. Some chose to stay, but the vast majority, Human Rights Watch found, was unable to flee due to destroyed roads, a lack of gasoline, high taxi fares, sick relatives, or ongoing Israeli attacks. Many of the civilians who remained were elderly, sick, or poor.

Israel has justified its attacks on roads by citing the need to clear the transport routes of Hezbollah fighters moving arms. Again, none of the evidence gathered by Human Rights Watch, independent media sources, or Israeli official statements indicate that any of the attacks on vehicles documented in this report resulted in Hezbollah casualties or the destruction of weapons. Rather, the attacks killed and wounded civilians who were fleeing their homes, as the IDF had advised them to do.

In addition to strikes from airplanes, helicopters, and traditional artillery, Israel has used artillery-fired cluster munitions against populated areas, causing civilian casualties. One such attack on the village of Blida on July 19 killed a sixty-year-old woman and wounded at least twelve civilians, including seven children. The wide dispersal pattern of cluster munitions and the high dud rate (ranging from 2 to 14 percent, depending on the type of cluster munition) make the weapons exceedingly dangerous for civilians and, when used in populated areas, a violation of international humanitarian law.

Statements from Israeli government officials and military leaders suggest that, at the very least, the IDF has blurred the distinction between civilian and combatant, and is willing to strike at targets it considers even vaguely connected to the latter. At worst, it considers all people in the area of hostilities open to attack.

On July 17, for example, after IDF strikes on Beirut, the commander of the Israeli Air Force, Eliezer Shkedi, said, “in the center of Beirut there is an area which only terrorists enter into.”1 The next day, the IDF deputy chief of staff, Moshe Kaplinski, when talking about the IDF’s destruction of Beirut’s Dahia neighborhood, said, “the hits were devastating, and this area, which was a Hezbollah symbol, became deserted rubble.”2 On July 27, Israeli Justice Minister Haim Ramon said that the Israeli air force should flatten villages before ground troops move in to prevent casualties among Israeli soldiers fighting Hezbollah. Israel had given civilians ample time to leave southern Lebanon, he claimed, and therefore anyone remaining should be considered a supporter of Hezbollah. “All those now in south Lebanon are terrorists who are related in some way to Hezbollah,” he said.

International humanitarian law requires effective advance warnings to the civilian population prior to an attack, when conditions permit. But those warnings do not way relieve Israel from its obligation at all times to distinguish between combatants and civilians and to take all feasible precautions to protect civilians from harm. In other words, issuing warnings in no way entitles the Israeli military to treat those civilians who remain in southern Lebanon as combatants who are fair game for attack.

In addition to recommendations to the Israeli government and Hezbollah that they respect international humanitarian law, Human Rights Watch calls on the U.S. government immediately to suspend transfer of all arms that have been documented or credibly alleged to have been used in violation of international humanitarian law in Lebanon, as well as funding or support for such materiel, pending an end to the violations. Human Rights Watch calls upon the Iranian and Syrian governments to do the same with regards to military assistance to Hezbollah.

This report does not address Israeli attacks on Lebanon’s infrastructure or Beirut’s southern suburbs, which is the subject of ongoing Human Rights Watch research. It also does not address Hezbollah’s indiscriminate rocket attacks on Israel, which have been reported on and denounced separately and continues to be the subject of ongoing Human Rights Watch investigations. In addition, Human Rights Watch continues to investigate allegations that Hezbollah is shielding its military personnel and materiel by locating them in civilian homes or areas, and it is deeply concerned by Hezbollah’s placement of certain troops and materiel near civilians, which endangers them and violates the duty to take all feasible precautions to avoid civilian casualties. Human Rights Watch uses the occasion of this report to reiterate Hezbollah’s legal duty never to deliberately use civilians to shield military objects and never to needlessly endanger civilians by conducting military operations, maintaining troops, or storing weapons in their vicinity.

The armed conflict between Israel and Hezbollah is governed by international treaties, as well as the rules of customary international humanitarian law. Article 3 Common to the Geneva Conventions of 1949 sets forth minimum standards for all parties to a conflict between a state party such as Israel and a non-state party such as Hezbollah. Israel has also asserted that it considers itself to be responding to the actions of the sovereign state of Lebanon, not just to those of Hezbollah. Any hostilities between Israeli forces and the forces of Lebanon would fall within the full Geneva Conventions to which both Lebanon and Israel are parties. In either case, the rules governing bombing, shelling, and rocket attacks are effectively the same.

Methodology

This report is based primarily on investigations by Human Rights Watch researchers, who have been in Beirut since the onset of the conflict and traveled for two days to Lebanon’s South. The team focused on interviewing witnesses and survivors of Israeli strikes inside Lebanon, gathering detailed testimony from these individuals, and carefully corroborating and cross-checking their accounts with international aid workers, international and local journalists, medical professionals, local officials, as well as information from the IDF.

Security conditions did not permit on-site visits to many of the villages or other sites where civilian casualties are documented in this report, but in all cases Human Rights Watch located eyewitnesses to attacks. All cases for which Human Rights Watch could not find eyewitnesses, survivors, or other credible sources of information have been excluded from this report. A parallel team of Human Rights Watch researchers operated during this same period in northern Israel investigating and reporting on Hezbollah’s attacks on civilians in Israel. That team also contributed to Human Rights Watch’s understanding of IDF operations in Lebanon through on-site observations and conversations with IDF spokespersons.

In a small minority of cases, Human Rights Watch researchers in Lebanon could locate witnesses only in Hezbollah-controlled camps for displaced persons in Beirut. Hezbollah controls an estimated seventy of the 120 schools currently housing the displaced. On such occasions, Hezbollah officials often insisted that Human Rights Watch researchers not ask questions about the location of Hezbollah militants because such information, wherever Hezbollah might be located, was of military value. These conditions limited Human Rights Watch’s ability to make a legal determination regarding whether the target in question was legitimate. In such cases, researchers sought additional witnesses outside of Hezbollah’s control to investigate the location of Hezbollah militants in the area at the time of the attack. If such witnesses could not be found, Human Rights Watch dropped the case.

As noted, in the cases documented in this report, witnesses consistently told Human Rights Watch that neither Hezbollah fighters nor other legitimate military targets were in the area that the IDF attacked. However, Human Rights Watch did document cases in which the IDF hit legitimate military targets, and, with limited exceptions, witnesses were generally willing to discuss the presence and activity of Hezbollah. At the sites visited by Human Rights Watch—Qana, Srifa, Tyre, and the southern suburbs of Beirut—on-site investigations did not identify any signs of military activity in the area attacked, such as trenches, destroyed rocket launchers, other military equipment, or dead or wounded fighters. International and local journalists, rescue workers, and international observers also did not produce evidence to contradict the statements of witnesses interviewed for this report.

The researchers also monitored information from public sources about the attacks, including Israeli government statements. Although Human Rights Watch’s research has been extensive, it is, as noted, not comprehensive. Further inquiry is required, particularly as access to the affected villages in South Lebanon improves, and to the extent that Israel ultimately decides to make its commanders and soldiers involved in the operation available for interviews.