This letter was sent out yesterday by ACRI (the Association for Civil Rights in Israel) (of which the undersigned is a board member). I think you may find it of interest. Aeyal Gross
To:Mr. Ehud Olmert Mr. Amir Peretz
Prime Minister Minister of Defense
Re: The assault on the civilian population as a result of the IDF military operation in Lebanon
We are writing to you in order to express our concern about the ongoing and severe suffering that has been imposed upon the civilian population in Lebanon.
We appreciate the anxiety and the suffering caused by the tragic consequences of the ongoing attack by Hezbollah on Israel, and its impact on the Israeli civilian population. There is no doubt that the State of Israel is obligated to defend its population from injury, threats to their lives, and the undermining of their daily lives.
However, Israel is obligated, always, to act, and especially in such distressing times, to ensure that they adhere to the provisions of international law. Even during war there are rules of engagement that dictate what is acceptable and what is not acceptable, and which prohibit the undertaking of military operations that include a disproportionate impact on the civilian population.
According to various reports since the outbreak of the war a week ago, hundreds of Lebanese civilians have been killed, approximately a thousand have been injured, and thousands have been left without a roof over their head. Either because their homes have been destroyed by IDF shelling, or because they have been forced to flee their homes to escape IDF bombing attacks for fear of their lives.
The high numbers of injured among the Lebanese civilian population, indicates that the planning and carrying of the IDF operation did not include precautionary measures required by War Law, in order to prevent a disproportionate injury to the civilian population and damage to its infrastructure. In light of this severe impact on the innocent civilians, a very real suspicion has arisen that war crimes are being perpetrated.
Over the last few days the media has reported statements, including a statement made by the Chief of Staff, Dan Halutz, claiming that Lebanon will pay a heavy price for the attacks that have derived from its territory, and that "it must expel the cancerous growth that is has consumed". Such statements increase the fear that among the aims of this IDF operation is a desire to teach the Lebanese population a lesson for allowing a Hezbollah presence in Lebanon. It has also been reported that thousands of Lebanese civilians have been forced to leave their home as a result of leaflets distributed by the IDF.
These reports denote a thin line which absolute care must be taken not to cross, which differentiates between the alerting of a civilian population to danger that is inherent to their remaining in an areas close to a conflict zone, and a specific policy of instilling terror in a civilian population, which is explicitly prohibited by International humanitarian law.
Illegitimate norms of deliberately targeting civilians cannot be allowed to infiltrate and direct the actions of the army of the State of Israel. The attempt to justify Israel's actions by undertaking acts that contravene International law is illegal and illegitimate. It is well known that the basic tenants of International humanitarian law prohibits the utilization of the principle of reciprocity as a justification for breaching the law, thus Israel cannot cite the fact that it has been subject to a norm of indiscriminate attacks on its civilian population as validation for its assault on an innocent civilian population.
We call upon you to instruct the security forces to cease the indiscriminate assault on Lebanese civilians and their homes, property and vital civilian infrastructure, and to take the necessary steps to minimize the impact as far as possible of such attacks.
Sincerely yours,
Dan Yakir
Chief Legal Counsel
cc: Mr. Meni Mazuz, the Attorney General
Brigadier General Avihai Mandelblit, Military Advocate General
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