publications

Conclusion

Israel’s use of cluster munitions in south Lebanon in 2006 was characterized by extensive and intensive attacks across civilian areas and swaths of territory, leaving an extremely high number of duds that are creating foreseeable deaths and injuries to civilians. These factors lead us to conclude Israel’s attacks were indiscriminate and disproportionate, and thus illegal under international humanitarian law. The IDF also appears to have launched an attack, either recklessly or deliberately, on Tebnine Hospital, a protected place under international law. Israel has a duty to credibly investigate these violations of IHL as potential war crimes.

This use of cluster munitions highlights the grave humanitarian consequences of these inaccurate and unreliable weapons. In Lebanon, the victims of exploding duds have overwhelmingly been civilians, and submunitions have devastated the country’s agriculture, destroying the livelihood of many families. Hidden duds will continue to haunt villagers and cause deaths and injuries until total clearance is achieved. For Lebanese civilians, the war did not end when the ceasefire was signed.

The tragedy that has taken place in Lebanon should serve as a catalyst to both national measures and a new international treaty on cluster munitions. States should immediately observe a moratorium on the use, production, and transfer of cluster munitions. Then, to protect civilians around the world, states should join the new effort to develop a legally binding instrument that bans cluster munitions that have an unacceptable humanitarian effect.