Is Israel entitled to use military force against the Lebanese population to encourage it to press its government to stop Hezbollah’s attacks and rescue Israel’s soldiers?
Lawful attacks are only those where the targets by their “nature, location, purpose or use make an effective contribution to military action” and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers “a definite military advantage.” As noted, attacks directed at civilian morale do not meet this test since civilians, by definition, are not contributing to military action. Indeed, attacks on civilian morale are inimical to the very purpose of international humanitarian law of protecting civilians. Military attacks on civilian morale undoubtedly can exert pressure on a government to pursue a particular course of action, but under international humanitarian law that is an inappropriate use of military force. Indeed, the logic of attacking civilian morale opens the door to deliberately attacking civilians and civilian objects themselves – in short, to terrorism. In addition, international humanitarian law explicitly prohibits attacks of which the primary purpose is to intimidate or instill terror in the civilian population.
International humanitarian law would not prohibit attacks on Lebanese government military forces as a way of pressing the government to rein in Hezbollah, but in making that point, Human Rights Watch takes no position on whether the Lebanese government is capable of reining in Hezbollah or whether it would be an appropriate use of force under jus ad bellum standards to target the Lebanese government.
Is Israel entitled to bomb the Hezbollah leader’s house and office?
International law allows the targeting of military commanders in the course of armed conflict, provided that such attacks otherwise comply with the laws that protect civilians. Normally, political leaders, as civilians, would not be legitimate targets of attack. The only exception to this rule is if their role, as commander of troops, or their direct participation in military hostilities renders them effectively combatants. Civilians lose their protected status when they are engaged in hostilities.
According to the International Committee of the Red Cross, direct participation in hostilities means “acts of war which by their nature and purpose are likely to cause actual harm to the personnel and equipment of enemy armed forces” and includes acts of defense. Thus, Hezbollah political leaders who are effectively commanding belligerent forces would be legitimate targets. This conclusion does not apply to all Hezbollah leaders and in particular to those who could not be said to hold such command responsibilities or to be directly participating in hostilities.
In principle, it is permitted to target the location where a combatant resides or works. However, as with any attack on an otherwise legitimate military target, the attacking force must refrain from attack if it would disproportionately harm the civilian population or be launched in a way that fails to discriminate between combatants and civilians.
Can Israel attack neighborhoods that house Hezbollah leaders or offices? And what are Hezbollah’s obligations regarding the use of civilian areas for military activities?
Where the targeting of a combatant takes place in an urban area, all parties must be aware of their obligations to protect the civilian population, as the bombing of urban areas significantly increases the risks to the civilian population. International humanitarian law obliges all belligerents to avoid harm to civilians or civilian objects.
The defending party – in the case of Beirut, Hezbollah – must take all necessary precautions to protect civilians against the dangers resulting from armed hostilities, and must never use the presence of civilians to shield themselves from attack. That requires positioning its military assets, troops, and commanders as much as possible outside of populated areas. The use of human shields is a war crime.
In calculating the legality of an attack on premises where a Hezbollah combatant is present, Israel must take the risk to civilians into account. It is not relieved from this obligation on the grounds that it considers Hezbollah responsible for having located legitimate military targets within or near populated areas or that Hezbollah may be using the civilian population as a shield. Even in situations of Hezbollah’s illegal location of military targets, or shielding, Israel must refrain from launching any attack that may be expected to cause excessive civilian loss in comparison to the concrete and direct military advantage anticipated. That is, a violation by Hezbollah in this regard does not justify Israeli forces ignoring the civilian consequences of a planned attack. The intentional launch of an attack in an area without regard to the civilian consequences or in the knowledge that the harm to civilians would be disproportionately high compared to any definite military benefit to be achieved would be a serious violation of international humanitarian law and a war crime.
In any event, the presence of a Hezbollah commander or military facility in a populated area never justifies attacking the area as such rather than the particular military target. It is a prohibited indiscriminate attack, and a war crime, to treat an entire area as a military target instead of attacking the particular military facilities or personnel within that area.
Arab World 
Lawful attacks are only those where the targets by their “nature, location, purpose or use make an effective contribution to military action” and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers “a definite military advantage.” As noted, attacks directed at civilian morale do not meet this test since civilians, by definition, are not contributing to military action. Indeed, attacks on civilian morale are inimical to the very purpose of international humanitarian law of protecting civilians. Military attacks on civilian morale undoubtedly can exert pressure on a government to pursue a particular course of action, but under international humanitarian law that is an inappropriate use of military force. Indeed, the logic of attacking civilian morale opens the door to deliberately attacking civilians and civilian objects themselves – in short, to terrorism. In addition, international humanitarian law explicitly prohibits attacks of which the primary purpose is to intimidate or instill terror in the civilian population. 
