Terrorism & Security
posted July 20, 2006 at 12:30 p.m.

UN warns Hizbullah, Israel of 'war crimes' liability

Human rights chief points to 'unjustifiable' numbers of 'innocent civilian' casualties in conflict.

 | csmonitor.com

In a strongly worded warning to the leaders of both the militant group Hizbullah and Israel, United Nations Human Rights Commissioner Louise Arbour threatened the "perpetrators of wanton violence against civilians in the current Middle East conflict with liability for war crimes."

Jurist, the legal news website, reports that Ms. Arbour, a former Canadian Supreme Court Justice and war crimes prosecutor for the International Criminal Tribunal for the Former Yugoslavia issued a "pointed" statement aimed directly at the two combatants and their leaders.

Indiscriminate shelling of cities constitutes a foreseeable and unacceptable targeting of civilians. Similarly, the bombardment of sites with alleged military significance, but resulting invariably in the killing of innocent civilians, is unjustifiable. International humanitarian law is clear on the supreme obligation to protect civilians during hostilities. This obligation is also expressed in international criminal law, which defines war crimes and crimes against humanity. International law demands accountability. The scale of the killings in the region, and their predictability, could engage the personal criminal responsibility of those involved, particularly those in a position of command and control.

The Australian reports that although Arbour did not name Hizbullah and Israel in her statement, she referred specifically to violence in Lebanon, Israel, and the Palestinian territories. As of Wednesday, according to reports, at least 300 have been killed in Lebanon. Twenty-nine have been killed in Israel.

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UNICEF and the World Health Organization issued a statement Wednesday saying that "civilian deaths include dozens of children, with many more injured. The psychological impact is serious, as people, including children, have witnessed the death or injury of loved ones and destruction of their homes and communities."

Unobstructed access for humanitarian assistance is critical to stave off needless death and suffering. The protection of civilians during conflict is an obligation under international humanitarian law. Unhindered humanitarian access to health facilities for the injured, for those who need care for chronic conditions, and for pregnant women, is equally critical to the prevention of more civilian deaths in this crisis.

The BBC reports that the United Nations' emergency relief co-ordinator, Jan Egeland said that neither Hizbullah or Israeli seemed to care about civilian suffering. He said that one third of those killed or wounded have been children, and that it has been difficult to reach the wounded in Lebanon because road and bridges had been cut by Israeli air strikes.

"The Israeli military attacks are all over the country. There are aerial bombardments which are in hundreds of places really. I think it is a disproportionate response, really," Mr. Egeland told the BBC.

"But I also clearly see that Hizbollah is trying to blend into the civilian population in too many places and they bear also a heavy responsibility for this. They do not seem to care that they really inflict a lot of suffering on their own population," he added.

Human Rights Watch said Tuesday that Hizbullah's rocket attacks against Israel likely constituted war crimes.

In addition, the warheads used suggest a desire to maximize harm to civilians. Some of the rockets launched against Haifa over the past two days contained hundreds of metal ball bearings that are of limited use against military targets but cause great harm to civilians and civilian property. The ball bearings lodge in the body and cause serious harm ...

"Attacking civilian areas indiscriminately is a serious violation of international humanitarian law and can constitute a war crime," said Sarah Leah Whitson, director of the Middle East and North Africa division at Human Rights Watch. "Hizbollah's use of warheads that have limited military use and cause grievous suffering to the victims only makes the crime worse."

The New York Times reports the International Red Cross (ICRC) said Wednesday that Israel "had violated the principle of proportionality provided for in the Conventions and their protocols." The ICRC also reminded Israel that under international law, its air-and-sea blockade of Lebanon must not prevent "food stuffs and other essentials" from reaching the civilian populations.

"We have reminded the Israeli authorities of their obligation under international humanitarian law to respect and protect medical personnel and their means of transport. We now expect improved access and security for medical teams," [Pierre Kraehenbuehl, director of operations for the ICRC] said.

The Inter Press News Service, which describes itself as an "independent voice" for the developing world, reported earlier this week that Israel is violating US law by using "US-made fighter planes, combat helicopters and missiles to kill civilians and destroy Lebanon's infrastructure."

"Section 4 of the (US) Arms Export Control Act requires that military items transferred to foreign governments by the United States be used solely for internal security and legitimate self-defence," says Stephen Zunes, professor of politics at the University of San Francisco.

"Since Israeli attacks against Lebanon's civilian infrastructure and population centers clearly go beyond legitimate self-defense, the United States is legally obliged to suspend arms transfers to Israel," Zunes told IPS.

Ireland On-Line reports that a rift is developing between the US and the European Union over whether Israel should "cease its relentless offensive against Hizbullah guerrillas."

The Europeans fear mounting civilian casualties will play into the hands of militants, while the Bush administration is giving Israel a tacit green light to take the time it needs to neutralize the Shiite militant group.

The mixed message could help Israel in its mission to destroy Hizbollah's stronghold in southern Lebanon and stop the guerrillas' deadly rocket fire on major Israeli cities. But Islamic hard-liners and terrorist groups could be long-term winners, using the vivid television imagery of the death and destruction in Lebanon to win popularity and promote their jihads.

Ireland On-line also reports that Israeli foreign minister Tzipi Livni rejected the criticism that Israel's actions were "disproportionate," saying that Israel offensive was not just a reaction the Hizbullah raids, but to the broader question of Hizbullah's threat to Israel's security. From that perspective, she argued, Israel's air strikes on Lebanon are proportionate.

The Associated Press reports that Wednesday Lebanon's Prime Minister Fouad Siniora called for an immediate ceasefire. In a direct swipe at the international community, in particular the US, which said that Israel was acting in self-defense, Mr. Siniora said "said, "Is this what the international community calls the right of self-defense? Is this the price to pay?" Siniora also said he would "spare no avenue" to make Israel pay for the destruction to his country.

 
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