July 31, 2006
To:
Mr. Ehud Olmert
Prime Minister
Re: The appointment of a commission of inquiry to investigate the killing of Lebanese civilians in the village of Qana
We are writing to you to request that you bring before the government a proposal that a state commission of inquiry be appointed, in accordance with the Commissions of Inquiry law, 5729-1968 (herein – “the law”), to investigate the killing of innocent Lebanese civilians that occurred on 30.7.06 as a result of the attack on residential buildings in the village of Qana in Lebanon, and additional incidents in which Lebanese civilians were killed through no fault of their own, as detailed below:
1. On Sunday, 30.7.06 the Israeli Air Force bombed a three-storey residential building in the neighborhood of Hariva in the village of Qana in Southern Lebanon. According to press reports, as a result of the bombing at least 56 people were killed, of which, at least 37 were children.
2. This incident follows other, previous attacks that resulted in the injury and deaths of innocent Lebanese civilians.
3. According to reports by Lebanese witnesses and even Israeli military reports, the air force bombed the building for the first time at one o`clock in the morning. After this initial attack some of the residents came out of the building in an attempt to assess the damage that had been done to the building, and their lives were therefore saved. Whoever remained in the building was killed after 10 minutes as a result of a second bombing attack by the air force.
4. Within the building that was attacked, residents of villages surrounding Qana had gathered together under the mistaken assumption that sleeping in the ground floor of the three-storey building would protect them. However, unfortunately, most of them were killed when the walls of the building collapsed after the two bombing attacks by the air force.
5. A black flag waves over this attack that led to the deaths of a large number of innocent civilians, which constitutes, allegedly, a blatant violation of two basic principles of humanitarian law and international criminal law: the principle of distinction which differentiates between civilians and combatants, and the principle of proportionality.
6. These provisions represent the raison d`etre of humanitarian law and are designed to serve its principle aim, which is the alleviation of the suffering of the innocent civilian population, throughout the duration of a war. The lack of morality exhibited by the failure to observe these provisions is evident and self-explanatory.
7. The gravity of the violations of the provisions of humanitarian law and international criminal law that led to the killing of over 50 innocent civilians obligates the appointment of a state commission of inquiry as dictated by the law.
8. Among other things, the commission should consider the following facts: the destruction of infrastructure, roads and bridges in southern Lebanon, and the fact that the air force attacked vehicles transporting refugees to the north of the country, which prevented many residents from acting on leaflets calling for them to leave their homes, that were distributed by the IDF, and left them with no choice but to remain in their villages. The individuals responsible for the military operations in southern Lebanon must have been aware of this situation, which was even reported on in the Israeli media. Thus the claim by the IDF that the residents were given prior warning that they should leave their villages does not absolve it of responsibility for the fate of these civilians.
9. The first protocol of the Geneva Convention, 1977, relating to the Protection of Victims of International Armed Conflicts (herein “the protocol”), which contains provisions regarding the protection of civilian population that have become an integral element of the international humanitarian law, states that “In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects” (section 57(1) of the protocol).
10. The protocol further states that an attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one […] or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated” (section 57(2)(b) of the protocol).
11. The attacking of a residential building under the pretext that the residents had been pre-warned, while totally disregarding the difficulties faced by refugees, and which resulted in multiple deaths among the residents trying to escape, represents a deliberate disregard and shirking of responsibility to heed the absolute obligation to act with caution, as stipulated in the provisions of the protocol quoted above.
12. In addition to which, the claim that Katyusha rounds were fired from the village of Qana on Israel, is not sufficient grounds for authorizing the direct bombing of a residential building and the killing of over 50 civilians residing within it. The provisions of humanitarian law place a specific obligation on belligerent forces to distinguish between military targets and civilian targets. The launching of rockets in close proximity to residential homes does not justify an air attack that is specifically directed at these homes, and the killing of anyone inside them. Section 51(5) of the protocol states that:
“Among others, the following types of attacks are to be considered as indiscriminate:
(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects;
and,
(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”
13. The actions of the air force against the village of Qana absolutely contravene the provisions of the above protocol.
14. The illegality and immorality of the bombing attacks that led to the deaths of dozens of innocent civilians, requires, primarily, that the commission of inquiry`s mandate include an unequivocal obligation to clarify the circumstances of the incident, and to examine the level of personal responsibility of every individual who was involved, as required by international criminal law, from the pilot who bombed the building, to the military personnel and ministers who authorized the operation, but did not take the necessary precautionary measures to prevent such manifestly illegal operations.
15. Upon the completion of the inquiry the findings of the report prepared by the committee must be examined, as should the option of putting those who are suspected of being responsible for breaching the law, on criminal trial.
16. A state that claims to be democratic, moral and subject to the rule of law must direct military conflicts in accordance with the provisions of humanitarian law and international criminal law. The readiness to observe the rule of international law during times of crisis and war is what differentiates between moral states that respect the law, from immoral states that do not respect the law.
17. Inherent to the honoring of international law is the observance of its provisions which place personal responsibility on all those who are involved in the blatant violation of the rules of international criminal law. The establishment of international tribunals, and the adoption of the Rome Statute of the International Criminal Court, reflects the international community`s commitment to punishing individuals who are responsible for the violation of humanitarian law.
In light of that set forth above, we respectfully request that you appoint a commission of inquiry to investigate the civilian deaths in the village of Qana.
Sincerely yours,
Dan Yakir
Chief Legal Counsel
last updated : 07/08/06
