Liberal Forum

Legally, two points are decisive as well as incontrovertible: First, Hezbollah is both a military and a civilian organization. Under International Humanitarian Law (IHL), which applies here without a doubt, only those Hezbollah members serving in a military capacity are combatants. All others are and remain civilians, who have and retain a right to protection – obviously also during armed conflict because (duh…) armed conflict is what IHL is all about. Amnesty International has found evidence that the exploding devices of 9/17 had indeed been distributed to members of Hezbollah’s civilian offices, too, as was perfectly expectable for the Israeli perpetrators.

Second, 9/17 was, in any case, fundamentally criminal because, as Amnesty International has explained, it was “indiscriminate […] according to” IHL as “those who planned and carried out these attacks could not verify who would be harmed when the devices exploded, or even if only fighters had been given them.” Indeed, booby-traps spread throughout a civilian population – yes, even while perhaps in immediate possession of a Hezbollah member – are “inherently indiscriminate,” as one expert has put it. That is also why booby-trapping things that are generally associated with civilian use – such as pagers, which are not, obviously, tanks or trenches – is explicitly forbidden by the 1996 Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps, and Other Devices, a United Nations treaty.

Continued....