Can Israel attack Hezbollah radio and television stations?
Military attacks on broadcast facilities used for military communications are legitimate under international humanitarian law, but such attacks on civilian television or radio stations are prohibited if they are designed primarily to undermine civilian morale or to psychologically harass the civilian population. Civilian television and radio stations are legitimate targets only if they meet the criteria for a legitimate military objective, that is, if they are used in a way that makes an “effective contribution to military action” and their destruction in the circumstances ruling at the time offers “a definite military advantage.” Specifically, Hezbollah-operated civilian broadcast facilities could become military targets if, for example, they are used to send military messages or otherwise concretely to advance Hezbollah’s armed campaign against Israel. However, civilian broadcasting facilities are not rendered legitimate military targets simply because they spout pro-Hezbollah or anti-Israel propaganda. For the same reason that it is unlawful to attack civilian morale, it is unlawful to attack facilities that merely shape civilian opinion; neither directly contributes to military operations. That Lebanese civilian opinion might influence how the Lebanese government responds to Hezbollah is not a sufficiently direct contribution to military action to render the media used to influence that opinion a legitimate military target. Rather, broadcasts should be met with competing broadcasts, propaganda with propaganda.
Should stations become legitimate military objectives because of their use to transmit military communications, the principle of proportionality in attack must still be respected. This means that Israeli military planners and commanders should verify at all times that the risks to the civilian population in undertaking any such attack do not outweigh the anticipated military benefit. Special precautions should be taken in relation to buildings located in urban areas. Advance warning of an attack must be given whenever possible.
The IDF have dropped leaflets in parts of Lebanon warning residents to evacuate – is this an appropriate precaution?
International humanitarian law requires that if there is any risk to civilians in an attack, an effective warning be given where “circumstances permit.” Leaflet drops are one way to provide that warning. However, in some cases the IDF are reported to have dropped leaflets giving residents only two hours to evacuate. It is unclear how long Israel waited after the expiration of this two-hour period to launch an attack in these areas. Whether this length of notice is effective is a matter for factual evaluation from the ground, which Human Rights Watch is not yet in a position to undertake. An assessment will have to take into account the difficulties in movement caused by Israel’s bombing of some transportation infrastructure such as bridges. In any event, the giving of such warnings does not absolve the attacking party, in this case Israel, from its obligations not to target civilian objects and not to carry out attacks that fail to discriminate between combatants and civilians, or that would have a disproportionate impact on civilians.
Examples of other precautions that parties should take to minimize civilian casualties include selecting a time of day for attack when the fewest civilians would be expected in the area; attacking a legitimate military target that is mobile when it is away from civilian areas; selecting weaponry and a method of attack that, if it misses its intended target, is least likely to harm nearby civilians; and refraining altogether from an attack even against a legitimate military target if the anticipated civilian harm will be disproportionately high – that is, “an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”
Is Israel’s blockade of Lebanon legitimate?
Israel has targeted the country's only international airport, imposed a naval blockade, attacked ports, and bombed road links out of the country. Blockades as a tool of war are legitimate under international humanitarian law; however, their imposition is still subject to the principle of military necessity and proportionality.
First, the blockade must not have as its primary purpose to intimidate, harass or starve the civilian population. Such actions are proscribed by international humanitarian law, which prohibits armed forces from deliberately causing the civilian population to suffer hunger, particularly by depriving it of its sources of food or supplies.
Second, insofar as Israel attempts to justify the blockade on the grounds of restricting the re-supply of the Hezbollah military, that legitimate purpose must be weighed against the costs to the civilian population. Those costs can also shift over time, as shortages of necessities intensify. Even if a blockade were assumed lawful at the outset, it could become unlawful if mounting civilian costs became too high and outweighed the direct military advantage. In those circumstances – for example, if food or medical supplies ran low – Israel would be obliged to permit free passage of material that is essential for civilians and to protect humanitarian personnel delivering those supplies.