HRW: detonating communication devices illegal
Human Rights Watch (HRW) stated Sept. 18 that the simultaneous detonation of thousands of communication devices across Lebanon and Syria violated customary international law. Thousands of pagers exploded the day before, killing 12 and injuring more than 2,000 people. Walkie-talkie explosions the following day killed an additional 25 and injured at least 600. The devices were evidently part of the Hezbollah communication network. Israel is widely believed to be behind the explosions, but has not commented.
According to HRW, the targeting of the communication devices contravened Rule 80 of Customary International Humanitarian Law. The rule prohibits the use of booby traps attached to objects likely to attract civilians, or "objects in normal civilian daily use."
HRW also stated that the detonation of the devices "whose exact location could not be reliably known" was "unlawfully indiscriminate," as both military and civilian populations were struck "without distinction." The Law of Proportionality requires that attacks that may injure or kill civilians must not be excessive "in relation to the concrete and direct overall military advantage anticipated."
In addition to customary humanitarian law, several international protocols protect civilians from attack. Additional Protocols I and II to the Geneva Convention of 1949 protect civilian populations from being the "object of attack." Furthermore, both protocols prohibit "acts or threats of violence the primary purpose of which is to spread terror among the civilian population." Both Additional Protocol I and II contain exceptions for civilians "tak[ing] a direct part in hostilities." Neither offers a concise definition or test for what constitutes a "direct part in hostilities." Israel is not a party to either protocol.
The explosions are the latest in a series of escalations between Israel and Hezbollah in Lebanon. Tensions stem from the Israel-Gaza war, in which both sides have been accused of war crimes.
From Jurist, Sept. 19. Used with permission.
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