Many of Hezbollahs wartime statements strongly indicate that Hezbollahs leaders believed that deliberate attacks on Israeli civilians were legitimate in certain circumstances. The justifications it offered for such attackscompelling Israel to stop its indiscriminate attacks and forcing Israel into a ground wardo not make the attacks legal under international humanitarian law.
Hezbollah claimed, both before and during the conflict, to have both the preference and the technical means to direct its fire at military targets. When the war erupted on July 12, 2006, Hezbollah initially began announcing what it said were successful military strikes. On July 13, it claimed on al-Manar television to have hit the IDF base on Mount Meron, which was severely damaged and set on fire." Hezbollah leader Nasrallah was later to claim that Hezbollah had destroyed the base completely.189
But on July 13 Hezbollah also threatened to target Israeli civilians if Israel continued to target Lebanese civilians. On that day it began firing on Israeli cities such as Safed and Nahariya, inflicting the first two Israeli civilian fatalities of the conflict.
Hezbollah nevertheless continued to maintain that it was directing much of its fire, successfully, at military targets. Nasrallah stated after the fighting had ended that the declared number by Israel is 4,000 rockets, but the real number is bigger than that, but I want to clarify that the larger number did not fall on settlements but on military installations, camps and military gathering points.190 Hezbollah claimed to have fired some 8,000 rockets into Israel,191 explaining the discrepancy of 4,000 rockets as the result of an Israeli media blackout on news concerning hits on military targets. We assert to you, Nasrallah declared on al-Manar television on August 9, that these rockets were guided by God and are guided technically and are not fired indiscriminately.192
After the war he elaborated on this assertion:
Human Rights Watch could not verify these claims. The Israeli authorities did not confirm any damaging rocket strikes on military objects inside Israel during the conflict, although Michael Cardash of the Israel Polices Bomb Disposal Division acknowledged that dozens of rockets hit the slopes of Mount Meron.194 In addition, a 122 mm enhanced-range rocket loaded with steel spheres scored a direct hit on August 6 on a group of soldiers gathered outside the entrance to Kibbutz Kfar Giladi, killing twelve of them.
But alongside the strikes on military targets, Hezbollah made abundantly clear that it was also aiming rockets at villages, towns, cities, moshavs and kibbutzes in northern Israel, through statements aired on its al-Manar television station and through communiqués sent to news organizations.
Hezbollah justified these attacks by charging that Israel, in its bombardment of southern Lebanon, was disregarding the April 1996 understanding whereby both sides undertook to spare civilians from attack.195 Hezbollah argued that it sought a reinstatement of that understanding. Hezbollah continued to invoke the 1996 understanding as the frame of reference for its conduct as the conflict was winding down. Nasrallah declared on August 12 on al-Manar television, We naturally adhere to the April Understandings [against targeting civilians], and we call upon the enemy to adhere to these understandings.196
During the fighting Hezbollah repeatedly warned that it would either escalate or halt its firing at Israeli civilians depending on Israels actions vis-à-vis Lebanese civilians. It also claimed that when it did fire at Israeli civilians in response to Israeli provocations, it did so in a measured and graduated fashion.
Human Rights Watch examined 89 Hezbollah communiqués sent out during the course of the war that listed the places in Israel that Hezbollah purportedly hit with rockets that day. Only a small minority of these places are specified as military objectives. For example, a July 17 communiqué reported attacks on the IDF Northern Command headquarters in Safed and on the aerial command base on Mount Meron. The vast majority of these communiqués merely lists the names of civilian areas that Hezbollah claims to have attacked. For example, a July 23 communiqué reports that at 5:15 p.m., Hezbollah fired hundreds of rockets at the cities of Akko and Safed and on the settlements [Arabic: musta`mirat]of Tiberias, Karmiel, Kiryat Shemona, Hanania, Maalot, Shlomi, Ramot Naftali, Yeftah, Sde Eliezer, Zuel Haylon [as rendered in Arabic] and Gonen. If Hezbollah had been directing its fire at military targets rather than at civilians in these places, it was making no effort to communicate that. This was in contrast to the small number of its statements where it specified the military objectives it claimed to be attacking.
Hezbollahs most common justification for firing at civilians was that this was the only way to pressure Israel to abandon its assault on Lebanese civilians. For example, Secretary-General Nasrallah stated in a speech aired on al-Manar television on July 29, two weeks into the conflict:
Hezbollah also explained that by continuing to fire rockets into Israel, demonstrating the failure of Israels air bombardment to prevent them, it was forcing Israel to undertake a ground war in which Hezbollah enjoyed tactical advantages.198
Even if Hezbollahs rocketing of Israeli civilians contributed to Hezbollahs military objective of forcing Israel to shift from an air war to a ground war, the attacks still violated international humanitarian law. Attacks are lawful only when carried out against military objectives, such as a person, object or place whose nature, location, purpose or use make an effective contribution to military action, and whose destruction at that time offers a definite military advantage. A military rationale for an attack on civilians does not transform a protected object into a military objective; civilians remain immune from attack under the laws of war so long as they do not directly participate in the hostilities. Instead, such statements are strong evidence of criminal intent necessary to establish individual criminal responsibility for war crimes.
The more commonly articulated defense of Hezbollah tactics was that targeting Israeli civilians was the most effective way to defend Lebanese civilians. On July 14, in his first address since hostilities erupted started two days earlier, Nasrallah threatened that because Israel had been hitting Lebanese civilians, Hezbollah would not spare Israeli civilians:
On July 16, after a Hezbollah steel sphere-loaded 220mm rocket killed eight railway workers in Haifa that morning, Nasrallah went on television to announce that Israel had forced it to abandon the efforts it had made during the conflicts first few days to spare Israeli civilians:
Hezbollah could argue that it pursued a graduated response to the Israeli campaign in Lebanon. It had the means to hit Haifa, northern Israels largest city, from the beginning of the war, as it showed by hitting the citys Stella Maris area on July 13,201 the only hit in Haifa during the first four days of the war. It was not until July 16 that Hezbollah began regularly hitting Haifa, starting with the attack that killed eight railway workers.
However, Hezbollahs claims of having spared civilians during the wars first days are not credible. From July 13 on there was no phase of the conflict, except for a two-day-long lull in the fighting on July 31 and August 1, when Hezbollah rockets were not striking civilian areas inside Israel.
Throughout the conflict, Hezbollah issued lists of Israeli villages, towns and cities it claimed to have attacked that dayusually prefacing the list with an explanation that it had carried out the attacks in response to enemy actions in Lebanon. Many Hezbollah communiqués claimed success in hitting not only military targets but also civilian communities. For example, on July 18, Hezbollah issued at least three such statements listing Israeli settlements202 targeted earlier that day, noting the times of the attacks and the weapons used, and explaining in all three cases that the attacks were reprisals for actions of the Israeli army. Here is a fairly typical selection of short communiqués that Hezbollah issued during the course of one hour on August 2:
In these communiqués detailing the days military activities, Hezbollah listed the predominantly Jewish towns it claimed to have hit with rockets, but routinely omitted the names of majority Arab communities that it had also hit. However, in some cases Nasrallah apologized when Arab communities were hit and expressed condolences to the families of Arab victims of rocket fire.
On August 9, three days after Hezbollah rockets killed Arab residents of Haifa for the first time, and three weeks after they had begun killing and injuring Jewish residents, Nasrallah publicly urged Arab residents of the city to flee for their own safety, further demonstrating that Hezbollah saw Jewish Israeli civilians as legitimate targets:
This statement indicates that Hezbollahs rocket attacks were either directed at Haifas Jewish residents or that they were knowingly endangering the citys civilians but that Hezbollah did not care so long as the victims were Jewsindicating criminal intent to target civilians or recklessly subject them to indiscriminate attack.
Some commentators have noted that statements such as this one about impending rocket attacks could be interpreted as warnings to all civilians, not just Arab Israelis, to flee or seek protection.205 Humanitarian law encourages parties to a conflict to give effective advance warnings of an attack that may affect the civilian population.206 However, such warnings do not transform an otherwise unlawful direct or indiscriminate attack on civilians or civilian objects into a lawful one. Moreover, where such advance warnings are primarily intended to spread terror among the civilian population rather than to give effective warning, as may have been the case here, they violate international law, even if the attack is never carried out.207
Speaking on August 3, after the resumption of hostilities that followed a two-day lull, Nasrallah said on al-Manar television:
International humanitarian law defines reprisals as an otherwise unlawful action that is considered lawful when used as an enforcement measure in reaction to an adversarys unlawful acts.209 Current humanitarian law does not permit reprisal attacks on civilians in any circumstances, in part because attacks ostensibly launched as reprisals often spur counterattacks on civilians by the other side, and there is no end to the cycle of civilian injury and death.210
The development of Hezbollahs arguments during the warat first, declaring that it would refrain from targeting civilians; next, threatening to retaliate against Israeli attacks against civilians with its own attacks against Israeli civilians; and finally, explaining that such attacks were a last resort to pressure Israel to stop its attacksmirror Hezbollahs explanations of its conduct during prior conflicts with Israel.
For example, in 1993, Hassan Hoballah, head of the international relations section of Hezbollah's political bureau, told Human Rights Watch that at the start of Operation Accountability earlier that year, "Israel targeted civilians, and we responded. We fired at Israeli settlements to press them to stop the shelling."211
Shortly before the outbreak of the 2006 conflict, Nawaf al-Moussawi, Hezbollahs director for international relations, presented what he described as the evolution of the partys philosophy with respect to targeting civilians since the early 1990s. We present his remarks here without attempting to measure them against Hezbollahs actual conduct, but rather to show that Hezbollah considers it actions to have been consistent over time.212
We believe protecting civilians in wartime is very important, al-Moussawi said. Hezbollah solely targets the Israeli military. Our arms are pure. We never target civilians.By contrast, Israel, he said, habitually punishes civilians after each operation against its soldiers.
Moussawi said that in the early 1990s, Hezbollah decided under the circumstances that it needed to harm enemy civilians to achieve a better balance. But even after Hezbollah made this decision, the harm [we inflicted on civilians] was not comprehensive; [we used] warning shells. It is not our cause, not in our interest as a resistance force, to kill Israeli civilians. It is to target occupiers of our land. We fired warning shells in order to prevent casualties among our civilians.
Moussawi claimed that Israel agreed to its 1993 unwritten understanding with Hezbollah only when Israelis sensed we are able to harm their civilians. Israeli violations of the understanding to spare civilians after 1993 forced Hezbollah once again to retaliate, which led to the excellent April 1996 agreement. Moussawi said that the statistics from April 1996 until May 1999 show that there were about 300 Israeli violations of the understanding, and only three by Hezbollah.213
Referring to this period in the late 1990s, Moussawi claimed that Hezbollah had the means to aim its rockets with some degree of accuracy. Despite the constant Israeli violations of the understanding, he said, Hezbollah fire was restricted to non-civilian locations. Our rockets landed in agricultural areas. This was not due to any inability to target but to our desire to send a warning. Moussawi claimed that Hezbollah had refined its rockets to the point where their margin of error was less than 50 meters.
Hezbollahs second-in-command, Deputy Secretary-General Na`im Qassem, also defended Hezbollahs targeting of Israeli civilians prior to 1993 despite Hezbollahs professed adherence to the principle that civilians should be spared. According to Qassem, Hezbollah targeted Israeli civilians as a defensive and reciprocal reaction to Israeli attacks on Lebanese civilians:
Contrary to the above statements, international humanitarian law categorically prohibits all parties to a conflict from deliberately targeting civilians. This prohibition is in effect at all times, regardless of whether the other party is also targeting civilians or if the targeting of civilians is justified as a reprisal.
189 The resistance fighters have destroyed the [Mount] Meron base completely, and it is one of the most notable strategic bases in Israel. Interview published in As-Safir Lebanese daily (Arabic), September 5, 2006.
190 Interview on New TV on August 27, 2006. The transcript of this interview can be found in Yawmiyyat Al-Harb Al-Israiliyya `ala Lubnan, 2006 (Diary of the Israeli War on Lebanon 2006), Beirut: As-Safir and the Arabic Informati on Center, 2006, in Arabic, page 267.
191 One senior Hezbollah official told Amnesty International that the number of rockets fired was around 8,000. Amnesty International, Under Fire: Hezbullahs Attacks on Northern Israel, AI Index: MDE 02/025/2006, September 14, 2006, footnote 4. http://web.amnesty.org/library/Index/ENGMDE020252006?open&of=ENG-366 (accessed March 15, 2007).
192 An English transcript of this speech is at http://www.aimislam.com/forums/index.php?showtopic=457&st=40 (accessed March 15, 2007).
193 Interview with Hussein Nasrallah, signed by Hussein Ayoub, As-Safir Arabic-language daily (Beirut), September 5, 2006. The transcript of this interview can be found in Yawmiyyat Al-Harb Al-Israiliyyat `ala Lubnan, 2006 (Diary of the Israeli War on Lebanon 2006), Beirut: As-Safir and the Arabic Infor mation Center, 2006, page 267.
194 Human Rights Watch interview, Jerusalem, October 4, 2006.
195 That understanding, reprinted below in the chapter, Historical Background to the 2006 Conflict, includes, among other things, an undertaking to spare civilians as the target of attack.
196 As translated by Middle East Media Research Institute, http://www.memritv.org/Transcript.asp?P1=1234 (accessed June 4, 2007).
197 Hezbollah chief vows to strike Israeli citiesin 29 July speech, BBC Monitoring Middle East, July 30, 2006.
198 For example, Nasrallah declared on al-Manar television on July 26:
Translated by Human Rights Watch. Another English translation is available at http://memri.org/bin/articles.cgi?Page=countries&Area=syria&ID=SP121406 (accessed May 30, 2007).
199 English transcript of speech at www.aimislam.com/forums/index.php?showtopic=457 (accessed May 29, 2007).
200 Nasrallah: We are ready to face the ground assault, an-Nahar, July 17, 2006.
201 Haifa Police Chief Nir Meri-Esh said the rocket that landed on July 13 was an enhanced-range 122mm rocket. Human Rights Watch interview, Haifa, October 4, 2006.
202 Hezbollah identified as settlements towns that are located inside the state of Israel and not in the Occupied Palestinian Territories.
203 English translation of this communiqué at http://www.groupsrv.com/religion/about196180.html (accessed May 29, 2007).
204 English transcript of the speech at http://www.aimislam.com/forums/index.php?showtopic=457&st=40 (accessed May 1, 2007).
205 See, e.g., Jonathan Cook, Hypocrisy and the Clamor against Hizbullah Counterpunch, August 9, 2006, http://www.counterpunch.org/cook08092006.html (accessed May 29, 2007). Hezbollah could not, as the IDF did in Lebanon, airdrop leaflets on Israeli towns urging civilians to flee in advance of military operations. But the radio and television broadcasts carrying the Hezbollah statements reached viewers in Israel, either directly or via Israeli media that conveyed their contents in Hebrew and other languages.
206 See Protocol I, art. 57.2(c).
207 See Protocol I, art. 51.2. Such a threat is evidenced in Nasrallahs August 3 speech: "If you bomb our capital Beirut, we will bomb the capital of your usurping entity ... [We] will bomb the city of Tel Aviv." English transcript of this speech at http://www.informationclearinghouse.info/article14470.htm (accessed May 1, 2007).
208 English transcript of this speech at http://www.informationclearinghouse.info/article14470.htm (accessed May 1, 2007).
209 See International Committee of the Red Cross (ICRC), Customary International Humanitarian Law (Cambridge: Cambridge University Press, 2005), p. 513.
210 See Protocol I, art. 51.6, Attacks against the civilian population or civilians by way of reprisals are prohibited.
211 Interview, Beirut, October 20, 1993. Cited in Human Rights Watch, Civilian Pawns: Laws of War Violations and the Use of Weapons on the Israel-Lebanon Border, May 1996, http://hrw.org/reports/1996/Israel.htm#P902_269733.
212 Human Rights Watch interview, Beirut, July 1, 2006.
213 Ibid. As noted above, we present these remarks to illustrate Hezbollahs discourse over time and not to affirm their veracity.
214 Na`im Qassem, Hizbullah: The Story from Within (London: Saqi Books, 2005), p. 74.