atch Human Rights Council Commission of Inquiry on Lebanon C/OMs. Maggie Nicholson, Secretary United Nations Office Geneva Palais des Nations, Room A-580 121 1 Geneva October 20,2006 Dear Messrs. Soares, Perrakis, and Othman, As requested by Ms. Nicholson's September 22 letter, enclosed please find materials relevant to your inquiry into the recent conflict in Lebanon. It was announced that you have already gathered information on alleged Israeli violations. The attached materials, from credible sources including leading non-governmental organizations, document Hezbollah violations during the conflict and thus provide a needed supplement. ~lthoughresolution S-211 speaks only of Israeli violations, this in no way prevents you from considering the context of the conflict and making a balanced examination of both sides. Indeed, principles of fundamental justice require that you do just that. Such an examination would not be unprecedented. The Human Rights Council's Special Rapporteur on the Occupied Palestinian Territories, whose mandate also refers only to Israeli violations, has recognized that consideration of the full picture is not only possible, but required. As he wrote in his most recent annual report, "[tlhe Special Rapporteur's mandate does not extend to human rights violations committed by the Palestinian Authority. It would, however, be irresponsible for a human rights special rapporteur to allow the execution of Palestinian prisoners to go unnoticed. ." Likewise, we appeal to your sense of professionalism and integrity in the hope that you will not allow the gross violations of Hezbollah to go unnoticed. Only by providing a full and balanced analysis will your inquiry commission be able to credibly contribute to the cause of peace in the Middle East, and to restoring the reputation of the Council. Sincerely y Hillel C. ~;&r Executive Director Enclosures UNITEDNATIONS WATCH 1, rue de Varemb6 Case Postale 1 9 1 , CH - 1 2 1 1 Geneva 20, Switzerland Phone: 41 22 734 14 72 / Fax: 4 1 22 734 16 1 3 / e-moil: unwotch @ unwatch. org Web site: ';http://w~w.unwatch. org" Index of Documents United Nations documents Title Author(s) Content Date Committee on the Elimination Member of the Committee on the Elimination of Racial Remarks concerning Hezbollah’s intentional targeting of 3 Aug. 2006 of Racial Discrimination, Discrimination (CERD), Mr. Ralph F. Boyd, Jr. Israeli civilians General Debate on the Situation in Lebanon (CERD/C/SR.1763) Selected Statements by UN UN Secretary General Kofi Annan; UN High Commissioner for Condemnations by senior UN officials of Hezbollah’s 15 Aug. 2006 Officials on Hezbollah’s Human Rights Louise Arbour; UN Undersecretary-General for “provocative attack” on Israel, “indiscriminate shelling” actions Humanitarian Affairs Jan Egeland of Israeli cities, and use of civilians as shields. Letter to Mr. Marc Bossuyt, Member of the UN Sub-Commission for the Promotion and A letter outlining Hezbollah’s “wanton disregard for the 16 Aug. 2006 Chairman of the UN Sub- Protection of Human Rights, David Rivkin, Jr. laws and customs of war throughout its entire existence” Commission on the Promotion and Protection of Human Rights Report of four UN Special Special Rapporteur on extrajudicial, summary or arbitrary A report on the conflict between Hezbollah and Israel 2 Oct. 2006 Rapporteurs on their Mission executions, Phillip Alston; Special Rapporteur on the right of finding that Hezbollah violated international human to Lebanon and Israel everyone to the enjoyment of the highest attainable standard of rights and humanitarian law, including using cluster (A/HRC/2/7) physical and mental health, Paul Hunt; Representative of the munitions and intentionally targeting Israeli civilians Secretary-General on human rights of internally displaced persons, Walter Kälin; Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari Government Reports Title Author(s) Content Date Human Rights Annual Report United Kingdom Foreign & Commonwealth Office A report on “major countries of concern” highlighting 12 Oct. 2006 2006 Syria’s support of Hezbollah and Hezbollah’s targeting of Israeli civilians Non-Governmental Organization (NGO) reports Title Author(s) Content Date Hezbollah: The Face of Global The American Jewish Committee A broad overview of Hezbollah’s objectives, capabilities, July 2006 Terror major terrorist operations, international criminal activities, and supporters Lebanon: Hezbollah Rocket Human Rights Watch An article on Hezbollah’s use of rockets containing anti- 18 July 2006 Attacks on Haifa Designed to personnel ball bearings which were intended to maximize Kill Civilians harm to civilians Israel Under Rocket Attack: A Frances Raday, The Jacob Blaustein Institute for the Advancement A report documenting the deaths, injuries and Aug. 2006 Profile of Displacement and of Human Rights displacement of civilians in northern Israel as a result of Destruction Hezbollah’s indiscriminate attacks Hezbollah Must End Attacks Human Rights Watch A report finding that Hezbollah’s deliberate targeting of 5 Aug. 2006 on Civilians Israeli civilians is “without doubt a war crime” Civilians in Israel Killed by Human Rights Watch A list of the 39 Israeli civilians killed by Hezbollah 5 Aug. 2006 Hezbollah Rockets rocket attacks between July 12 and August 12, 2006 Hizbullah’s deliberate attacks Amnesty International A press release and report documenting serious violations 14 Sept. 2006 on Israeli civilians, and Under of international law amounting to war crimes by Fire: Hizbullah’s attacks on Hezbollah, as well as Hezbollah leader Hassan northern Israel (press release Nasrallah’s statements expressing his commitment to and report, respectively) target Israeli civilians Hezbollah Hit Israel with Human Rights Watch A report on Hezbollah’s illegal use of cluster 18 Oct. 2006 Cluster Munitions During ammunitions against Israeli civilians Conflict News media articles Title Author(s) Content Date Christians Fleeing Lebanon Sabrina Tavernise, New York Times An article describing Hezbollah’s use of human shields 28 July 2006 Denounce Hezbollah and refusal to allow civilians to leave areas used to launch Hezbollah rockets against Israel Hezbollah’s deadly hold on Sonia Verma, National Post (Canada) An article describing Hezbollah’s systematic use of 5 Aug. 2006 heartland hospitals, mosques, and other civilian infrastructure to launch rocket attacks against Israeli civilians UNITED CERD NATIONS International Convention on Distr. the Elimination GENERAL of all Forms of CERD/C/SR.1763 Racial Discrimination 11 August 2006 Original: ENGLISH COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Sixty-ninth session SUMMARY RECORD OF THE 1763rd MEETING Held at the Palais des Nations, Geneva, on Thursday, 3 August 2006, at 10 a.m. Chairman: Mr. de GOUTTES CONTENTS GENERAL DEBATE ON THE SITUATION IN LEBANON FOLLOW-UP PROCEDURE This record is subject to correction. Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of this document to the Editing Section, room E.4108, Palais des Nations, Geneva. Any corrections to the records of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session. GE.06-43460 (E) 070806 110806 CERD/C/SR.1763 page 6-7 The meeting was called to order at 10.20 a.m. GENERAL DEBATE ON THE SITUATION IN LEBANON […] 24. Mr. BOYD said that there was no obvious link between the humanitarian crisis in Lebanon and the Convention. While he agreed that it was important to speak out, the Committee should therefore exercise extreme caution. Should it choose to issue a statement that went beyond the limits of its mandate, it should be made clear that the text reflected members’ personal views as concerned human beings and not as members of the Committee. 25. Doubtlessly, all persons living in the conflict zone had a right to security of person and protection by the State against violence or bodily harm, as specified in article 5 of the Convention. The Committee had referred to those rights on earlier occasions when commenting on the situation in Darfur or Rwanda, amongst others, where peoples’ article-5 rights had been compromised by the very authorities responsible for protecting them. However, the situation in Lebanon was somewhat different, given that the physical integrity of Lebanese civilians was being endangered by outside actors. 26. He had been surprised to note that, during the Committee’s dialogue, little reference had been made to those who used Lebanon as a base to attack the population of another country. Certain members, in particular Mr. Lindgren Alves, appeared to downplay the role of that group in the current conflict. Its responsibility could not be reduced to the capture of the two Israeli soldiers, when in reality it had launched hundreds of missiles against a foreign civilian population. It was unreasonable to interpret such actions as resistance to an occupying force, since Israel had not been occupying Lebanese territory at the time the current conflict had erupted. Similarly, the actions of the other party to the conflict, such as the bombing of sites with military significance that invariably resulted in the killing of Lebanese civilians, had devastating consequences and must be condemned. The third parties responsible for the current tragedy were those States parties to the Convention that provided material support and refuge to combatants and supported their activities inside Lebanon. And yet the civilian populations, who played no active role in the multidimensional conflict in the Middle East, were those who suffered its terrible consequences. 27. The question of a possible nexus between the Convention and the situation in Lebanon remained open. Thus far, there was no evidence suggesting that Israel targeted civilians intentionally; such action would serve no military purpose and would be politically counterproductive.