Human Rights

International law and human rights are all we have as human beings on this earth. As I said in a comment on another blog, "if the rule of law is what we seek, then rule of law is what we should follow when we decide to "punish" others."

Human Rights Watch, which I often quote on this blog on matters related to the Assad regime's abuse of freedoms, has issued the following press release on the Qana massacre. I am posting it in its entirety, because, as a human being stuck in this worldwide folly, Human Rights Watch speaks for me.

(Beirut, July 30, 2006) – Responsibility for the Israeli airstrikes that killed at least 54 civilians sheltering in a home in the Lebanese village of Qana rests squarely with the Israeli military, Human Rights Watch said today. It is the latest product of an indiscriminate bombing campaign that the Israel Defense Forces (IDF) have waged in Lebanon over the past 18 days, leaving an estimated 750 people dead, the vast majority of them civilians.

“Today’s strike on Qana, killing at least 54 civilians, more than half of them children, suggests that the Israeli military is treating southern Lebanon as a free-fire zone,” said Kenneth Roth, Executive Director of Human Rights Watch. “The Israeli military seems to consider anyone left in the area a combatant who is fair game for attack.” 

This latest, appalling loss of civilian life underscores the need for the U.N. Secretary-General to establish an International Commission of Inquiry to investigate serious violations of international humanitarian law in the context of the current conflict, Roth said. Such consistent failure to distinguish combatants and civilians is a war crime. 

A statement issued today by the IDF said that responsibility for the Qana attack “rests with the Hezbollah” because it has used the area to launch “hundreds of missiles” into Israel. It added: “Residents in this region and specifically the residents of Qana were warned several days in advance to leave the village.” 

On July 27, Israeli Justice Minister Haim Ramon said that Israel had given civilians ample time to leave southern Lebanon, and that anyone remaining could be considered a supporter of Hezbollah. “All those now in south Lebanon are terrorists who are related in some way to Hezbollah,” he said, according to the BBC. 

“Just because the Israeli military warned the civilians of Qana to leave does not give it carte blanche to blindly attack,” Roth said. “It still must make every possible effort to target only genuine combatants. Through its arguments, the Israeli military is suggesting that Palestinian militant groups might ‘warn’ all settlers to leave Israeli settlements and then be justified in targeting those who remained.” 

Even if the IDF claims of Hezbollah rocket fire from the Qana area are correct, Israel remains under a strict obligation to direct attacks at only military objectives, and to take all feasible precautions to avoid the incidental loss of civilian life. To date, Israel has not presented any evidence to show that Hezbollah was present in or around the building that was struck at the time of the attack. 

Tens of thousands of civilians remain in villages south of the Litani River, despite IDF warnings to leave. Some have chosen to stay, but the vast majority is unable to flee due to destroyed roads, a lack of gasoline, high taxi fares, sick relatives, or ongoing Israeli attacks. The sick and poor are those who mostly remain behind. 

The attack took place around 1:00 a.m. today, when Israeli warplanes fired missiles at the village of Qana. Among the homes struck was a three-story building in which 63 members of two extended families, the Shalhoub and Hashim families, had sought shelter. The civilians had taken refuge there because it was one of the larger buildings in the area and had a reinforced basement, according to the deputy mayor of the town, Dr. Issam Matuni. 

According to the Lebanese civil defense and the Lebanese Red Cross, at least 54 civilians, including 27 children, were crushed to death when the building collapsed. Rescue teams were unable to reach the village until 9:00 a.m. because of ongoing heavy IDF bombardment in the area. None of the bodies recovered so far have been militants, and rescue workers say they have found no weapons in the building that was struck. 

Qana was the site of a 1996 Israeli air strike on a U.N. compound sheltering fleeing civilians that killed more than 100 people. Human Rights Watch research established at the time that the 1996 strike was also an indiscriminate attack by the Israeli military. 

Human Rights Watch researchers have been in Lebanon since the onset of the current hostilities and have documented dozens of cases in which Israeli forces have carried out indiscriminate attacks against civilians while in their homes or traveling on roads to flee the fighting. A report of these findings and their legal consequences will be issued later this week. 

Human Rights Watch has also documented Hezbollah’s deliberate and indiscriminate firing of Katyusha rockets into civilian areas in Israel, resulting in 18 civilian deaths to date. These serious violations of international humanitarian law are also war crimes. 

“War crimes by one party to a conflict never justify war crimes by another,” Roth said.

Comments

[Vox P.]

“War crimes by one party to a conflict never justify war crimes by another,”

That is true and therefore fair-minded Lebanese must denounce both Israel's crimes and Hezbollah's. Israel's actions are denounced in Lebanon and it's a good thing, but I am fed up with people ignoring what Hezbollah is doing in the south, not against Israelis but against Lebanese as well. Israel's campaign is criminal, but so is Hezbollah.

As a Lebanese Christian, Hezbollah's is by far a greater threat to me that all of Israel's F-16. Hezbollah is firing rockets from populated areas, including Christian towns where it is behaving as an occupying forces. Rumors say that it is attacking non-Shia civilian in the South and that it is trying to empty Christian houses so that Shia refugees can replace them. I won't participate to any demonstration that does not denounce Hezbollah's military tacticis as well as Israel's. I won't support any government that does not denounce Hezbollah's insanity as well as Israel's.

[jded3racks]

You dont search for peace with people who know no peace. Its amazing how so many people are now talking of the geneva convention and other democratic statutes

[poul]

geneva convention clearly states that human shields should not be used as an excuse to prevent military attack.

i wonder, however, how does HRW explain that the building collapsed 7 hours after israeli attack...

[EngineeringChange]

Thank you for posting this article. Both sides bear responibility for war crimes in this present conflict. I hope Hizballah and Israeli leaders are one day brought to the Hague and tried in court, side by side.

But it is interesting to note that this whole cycle of targeting civilians on either side (or rather Israeli 'precision accidents' and Hizballah rocket attacks) started when Hizballah attacked a legitimate military target and Israel responded with bombing civilians and militants alike.

[someone]

What is peace ?

When Hitler attacked and enter the promissed land for german, France ,so come americans and british air forces to fight germans and bombard them,so they go out from it.Germans only wanted to live inn peace in their new promissed land "France" they "found" and they called american soldiers terrorists who dont understand living in peace eith others,and dont respect german rights ,why did they not let french people living togheter in peace with their brother the germans,why fighting against this country,these germans just wanted to make France a beautiful land for german and french children,but the terrorists landed on Normandie ,and started to attack germans in their homes and said to them this is not your land ,and more called them occupies,germans wanted only to defend their new "promissed land" ,and wanted peace with neighboring countries and with americans and british,but american terrorists insisted and kept attacking the new peaceful and beautiful land "France".

[Bad Vilbel]

“War crimes by one party to a conflict never justify war crimes by another.”

I concur. 100%.

And as a "fair-minded Lebanese" i do condemn and have condemned war crimes by BOTH sides for the past 3 weeks.

[Big Dave]

This is not a war crime by Israel. Israel warned residents to get out and Hezbollah makes a strong effort to keep them there like hostages. Typical of the Arabs, the Lebanese find reasons to blame everyone but themselves for what has passed.

BTW, for Engineering Change, a "legitimate military target"? That's an act of war. If Lebanon doesn't want its civilians dead, they should have done a better job of making sure no acts of war were instigated from within its borders.

[Big Dave]

This is not a war crime by Israel. Israel warned residents to get out and Hezbollah makes a strong effort to keep them there like hostages. Typical of the Arabs, the Lebanese find reasons to blame everyone but themselves for what has passed.

BTW, for Engineering Change, a "legitimate military target"? That's an act of war. If Lebanon doesn't want its civilians dead, they should have done a better job of making sure no acts of war were instigated from within its borders.

[Asiason]

The relatives of the Qana tragedy has said that they are Hezbollah, that they are the wives, parents and children of Hezbollah fighters and members.

Israel is guilty of not being precise and careful on who its targets are.

At the same time these people who choose to remain are there to guard, hide and care for Hezbollah.

I believe this battle is now jaded that its no longer just soldiers with guns or rockets that are fighting this war.

The Hezbollah are using their own people and risking them to remain to maintain their own support network.

I try to understand things in how I would react.

If I was HA I would have gotten my family out of there.

If I was HA I would not risk firing near my family or supporters so that I did not risk the non-combatants.

If I was HA I would maximize sympathy for my faction by focusing the media in this location to only those scenes which work to my favor.

If the Druze, and Christian Lebanese are going to help tear down UN buildings and not raise their voices against HA then Lebanon is destined for worse.

Is it that the other militias were disarmed so now their voices against Hezbollah are meek?

Vox says it best when he states,
" I am fed up with people ignoring what Hezbollah is doing in the south, not against Israelis but against Lebanese as well. Israel's campaign is criminal, but so is Hezbollah"

You reap what you sow and Hezbollah has grown to be such a harvest that its more than you can now handle.

[IMB]

1 - Israel bombed the area between midnight and 1 am
2 - The building collapsed 7 hours later - What happened during this lapse of time? Why did the civilians remained inside?
3 - Only women and children - Right? Where were the men? If they fled and left their families behind, they are COWARDS - But maybe they were hez fighters and were out fighting the israelis and left their families hiding in the building - Then they are COWARD and IRRESPONSIBLE - Tough luck

[Ofer]

I am an Israeli and I would like to explain the Israeli dilemma in a few sentences.

An Israeli scout plane circles the skys of South Lebanon and sends live pictures to the army generals. Every so often, it sends a picture of a Hizballah fighter firing rockets into Israel from inside a civilian village. Israeli Jets are scrambled to the site, but they have no chance of getting there in time. By the time they get there, the fighter has retreated into a civilian home, maybe his own home, maybe the home of someone else. The scout plane sees exactly which house the fighter entered.

Meanwhile, the rockets he has just fired land in one of the many northern towns in Israel and injure or kill Israeli civilians. After the jet returns to its base, the Hizballah fighter will fire more rockets into Israel. The IDF general who sees the images faces two alternatives, both of them are bad. Either bomb the building where the Hizballah fighter, and his arsenal, are hiding, and pray to god that the civilians in the house followed the IDF warning and fled to the north. Or, decide not to bomb the house, only to return 30 minutes later, after the Hizballah fighter has fired again and killed/injured more Israelis.

This is what happens 99% of the time. Very rarely does the Hizballah fighter wait for the Israeli bomb out in the open. Israel's generals have to make this difficult choice over and over again.

Blindly following the international law means that the IDF should not fire a single bomb in this situation, because of the slim chance that there are civilians in the house. How can this be right ? Isn't a country entitled to defend itself ? Are we supposed to sit back and let them fire all 14,000 of their rockets at us ?

Blindly following the other option, namely always attacking, is also a clear mistake, as the tragedy in Qana proves.

Its an almost impossible decision. The IDF generals are doing the best they can to choose the lesser of the two evils on a per-case basis.

[Vox P.]

"This is not a war crime by Israel. Israel warned residents to get out and Hezbollah makes a strong effort to keep them there like hostages. Typical of the Arabs, the Lebanese find reasons to blame everyone but themselves for what has passed."

Yeah, they bombed the roads and then asked them to evacuate while still bombing refugee convoys.

[Asiason]

Oh come on Vox,

Would you bomb refugee convoys intentionally? Its political suicide. No one knowingly does this other then terrorists whom favor this sort of terror attacks for eg Iraq.

War brings accidents or maybe vengeful military personnel so gungho they are loose cannons just hungry for kills.

Its a catch 22.

The IDF wants and needs to isolate Hezbollah fighters and also prevent them from being resupplied or escape.

As usual civillians are caught in between and always the first casualty of war.

[EngineeringChange]

Big Dave, I cannot quickly find a good definition for "act of war." But act of war or not--no attack that knowingly will kill civilians is ever justified. It is your same logic that Osama Bin Ladin and his band of lunatics use to justify the deaths of civilians in their attacks--they America is waging war on them or committed an 'act of war.' Honestly, do you see what I am trying to say? Why any attack that is reasonably expected to kill civilians must be immediately and thoroughly condemned.

But I wonder what you would define repeated violations of Lebanese airspace, repeated assassinations of people on Lebanese soil by the Mossad, the occupation and theft of Lebanese (not to mention Syrian) land, and the holding of Lebanese prisoners as?

And I ask what would Israel do if Lebanon decided to occupy Israeli soil or repeatedly fly-over Tel-Aviv with sonic booms of intimidation?

I will not go into Palestine because that does not directly concern Lebanon, but remember, in the Arab psyche, crimes and occupation in Palestine is indeed related as well.

http://eureferendum.blogspot.com/2006/07/who-is-this-man.html

"As a Lebanese Christian, Hezbollah's is by far a greater threat to me that all of Israel's F-16. Hezbollah is firing rockets from populated areas, including Christian towns where it is behaving as an occupying forces. Rumors say that it is attacking non-Shia civilian in the South and that it is trying to empty Christian houses so that Shia refugees can replace them"

Vox P, What is this sectarian bullshit all about? So because the Shi3a are suffering it's okay but if the Israelis were bombing Christians it wouldn't be? As for the rest it's like you say- rumours. CNN showed the post Qana demos in Beirut where Christians were chanting support for Nasrallah and HA. I'm not saying that is itself a good thing but that it happened.

PS You should point out to "Big Dave" that you're not an Arab as you like to tell everyone.

[The Perpetual Refugee]

Abu Kais, this report speaks for me too.

I find it amazing though that after reading something such as this, people still go off on their extreme views as if they've read nothing.

[KSM]

If the Lebanese really want this to stop, why don't they release the 2 Israeli captives and agree to stop shooting rockets into Israel?

I am confident that if they agreed to do this then Israel would be willing to stop the attacks. World opinion would be strongly for it.

What's keeping Lebanon from doing this?

My guess is that Hezbollah would see this as a defeat and their pride will not permit it. They would rather see Lebanon desolate and many more children dead than admit that what their kidnapping was wrong.

Hezbollah is responsible for the continued deaths of innocents, not Israel. Hezbollah started this, and Hezbollah is making it last longer.

[Ghassan Karam]

Moral clarity and moral courage have been absent from most of the discussions about the Qana bombing. It is time that we put an end to the purely emotional selectively indignant posture.

That the killings at Qana are tragic is not an issue open for debate. The death of the 56 civilians was not only tragic but also horrific. Having said that we must immediately add that any uncalled for death , Lebanese or Israeli, is equally tragic What makes a human life valuable and its demise a crime is neither the nationality nor the religion of the victim but their intrinsic right to life, libert and happiness.

If we are to apply the above logic , which we must, then as we grieve for the children of Qana, we must grief for all the other children who lost their life and as we condemn the Israeli Air Force then we surely must condemn each and every HA missile since non of them has a guidance system and yhus each and every one of them could have potentially caused a Qana like massacre. Frankly, I have been very uncomfortable with the reaction of many of my Lebanese compatriots. They condemn Qana and in the same breath ask for revenge, they condemn Qana and yet they celebrate the death and destruction of their opponents, they condemn Qana but ask for a pound of flesh in return. Yes, we should condemn Qana, in the same way that we have an obligation to condemn all violent acts , but when we condemn Qana let us remember that what we are in essence condeming is war. We need to condemn the act itself and not only the outcome that we deem to be painful. War is hell, violence only breeds more of the same and it is time to hold ourselves to the same standards that we expect of our enemy. The pain and suffering from an adversity would not be a total waste if we can learn from them. Maybe , just maybe, this conflict will finally lead us to reexamine, reevaluate and modify our thinking. Enough sensless wars and destruction.

Unfortunately, the real tragedy of Qana appears to have beenexactly the opposite of the above. The Lebanese government seems to have thrown caution to the wind and has decided that it is more expedient to renounce moderation and reason and instead justify the actions and illconceived means that have ignited this conflagaration. We seem to have "Hizbollanized" Lebanon instead of "Lebnanonizing Hizbollah" and that is the most tragic possible outcome.

[dougjnn]

Roth of Human Rights Watch said as quoted above:

] “War crimes by one party to a conflict never justify war crimes by another,”

Yes that’s what the Geneva Conventions said. It’s also patently absurd in any really difficult situation.

(Although it’s something to try and live by.)

Let me ask you all this. If during the cold war the USSR had turned it unimaginably hot by nuking not only missile silos in remote North Dakota fields but also American cities, do you think the US should have followed this doctrine? Does anyone seriously think it should have? Should we have announced our utter fidelity to it no matter what, even if the Soviets didn’t? Or we didn’t believe them?

What kind of deterrent effect would that have?

Just who do you think would be ruling Europe now, if the US knew Russia would use it’s nukes at least in retaliation if it had to, but we couldn’t no matter what, and Russia knew that, so it felt free to use battlefield nukes willy nilly in Europe that also took out millions of civilians secure in the knowledge the US could never escalate it or even use battlefield nukes itself what with the civilians and all. Because we’re so reliably beholden to that principle.

[dougjnn]

Roth
“It [the IDF]still must make every possible effort to target only genuine combatants.”

As is typical of many advocacy groups, Human Rights Watch regularly announces extremist interpretations of what the Geneva Conventions say as if it’s handing down the neutral and decided truth. They aren’t.

The conventions don’t require “every possible effort” to target “genuine” combatants. You’re supposed to do what you reasonably can do and still effectively try to hit combatants and try to win the war. There’s no concept that if you aren’t absolutely certain you must sit still and do nothing, as they are implying. As well the conventions also recognize that sufficient aid to combatants makes someone a combatant. It isn’t just the front line fighters in an army that can be targeted. Their supply lines can be as well. Particularly with guerilla forces the fact that those driving the munitions to the front don’t wear a uniform and call themselves civilians doesn’t mean you can’t target them. You can. If you hide weapons for Hezbollah you’re a combatant. And so on.

[Vox P.]

"Vox P, What is this sectarian bullshit all about? So because the Shi3a are suffering it's okay but if the Israelis were bombing Christians it wouldn't be? "

I never said this, I said that I worry about my community first - especially since my community is not responsible for the current conflict.

[just me]

Ghassan Karam, very well spoken!

[fubar]

While you all obsess about who is to blame for this or for that, you are missing much which occurs in plain sight while you are distracted. This skirmish is not over.

Vox, Well the fact that you worry about your community first is really the story of Lebanon's problems.