Israeli Cluster Bombing Ruled Within the Law
Military Ends Probe of Strikes on Lebanon

By Josef Federman
Associated Press
Tuesday, December 25, 2007

JERUSALEM, Dec. 24 -- Israeli military prosecutors have determined that Israel's use of cluster bombs during last year's war in Lebanon did not violate international humanitarian law, the army said Monday, closing an investigation into a practice that has drawn heavy criticism from the United Nations and international human rights groups.

The investigation determined that Israel's use of the weapons, which open in flight and scatter dozens of bomblets, was a "concrete military necessity." No legal action would be taken against anyone in connection with use of the weapons, it said.

The United Nations and human rights groups have accused Israel of dropping about 4 million cluster bomblets during its 33-day war against the Hezbollah guerrilla movement. As many as 1 million bomblets failed to explode, according to the United Nations and the rights groups, and now endanger civilians. More than 30 people have been killed by cluster-bomb and land-mine explosions in Lebanon since the 2006 summer war.

Amnesty International has harshly criticized Israel for bombing civilian areas and using cluster bombs during the fighting. It also has criticized Hezbollah for firing nearly 4,000 rockets at Israeli cities and towns.

In a statement, the army said its chief investigator, Maj. Gen. Gershon HaCohen, determined "it was clear that the majority of the cluster munitions were fired at open and uninhabited areas, areas from which Hezbollah forces operated and in which no civilians were present."

It said that cluster bombs were used in residential areas only "as an immediate defense response to rocket attacks by Hezbollah" and that Israeli troops did everything possible to minimize civilian casualties.

Whenever using cluster bombs, Israeli forces were "respecting the laws of armed conflict . . . and preserving the ethical values" of the Israeli military, the statement said.

"The use of this weaponry was legal once it was determined that, in order to prevent rocket fire onto Israel, its use was a concrete military necessity," the statement added.

The conclusions were passed on to the military's advocate general, Brig. Gen. Avihai Mendelblit, who accepted the recommendation and decided not to press charges. The investigation was launched after the war.