The Legal Agenda is presenting a series of reports of war crimes committed by Israel in the context of its aggression against Lebanon. These reports are an attempt to document these crimes and pave the way for an independent and transparent investigation into them. They are based on preliminary information available at the time of their publication, and we hope that they can contribute to the necessary national efforts to document war crimes.

Facts: 

Mhaibib, Marjayoun District, 16 October 2024

• The Israeli occupation army blew up the village of Mhaibib, which is located between the towns of Meiss El Jabal and Blida in Southern Lebanon, using explosives that it planted after entering the village. It published a video documenting the detonation.
• Aerial photography shows that the detonation destroyed the bulk of the village which is  located atop a hill, including at least 92 buildings of civilian homes and facilities.
• The destruction extended to the Shrine of the Prophet Benjamin, which is considered a religious and heritage site and a destination for pilgrimage and religious tourism.
• The Israeli army claimed that it targeted underground infrastructure used by Hezbollah’s Radwan Force in the area. However, a close examination of the published video indicates that the explosions happened aboveground, not underground.
• Hezbollah said that the Israeli army boobytrapped and blew up the houses after it was unable to solidify its control over the village and establish its forces there because of fear that they would be attacked.

Context

This attack is part of Israel’s policy of destroying homes, neighborhoods, and civilian facilities in Southern Lebanon, Beqaa, and Dahieh (Beirut’s southern suburb). Southern towns such as Ramyeh, Markaba, Blida, Meiss El Jabal, Aita El Shaab, Hanine, Rab Thalathine, and Odaisseh have witnessed similar destruction of entire neighborhoods. It also comes in the context of Israel’s attacks on heritage and religious sites such as Tebnin Castle and the mosques of the towns of Yaroun, Zahajra, Majdal Selm, and Marwahin.

The Laws of War

• Attacking – by whatever means – towns, villages, dwellings, or buildings that are undefended and are not military objectives is prohibited (Article 8 of the Rome Statute).
• There must be a distinction between civilian objects and military objectives. Targeting civilian objects is prohibited, and military objectives that may be targeted are limited to objects that make an effective contribution to military action and whose destruction offers a definite military advantage. In case of doubt whether civilian objects are being used for military purposes, they must be presumed not to be so used. (Article 53 of Geneva Convention IV and Article 52 of Additional Protocol I to the Geneva Conventions.)
• Acts of hostility directed against the historic monuments or places of worship that constitute the cultural or spiritual heritage of peoples are prohibited (Article 53 of Additional Protocol I to the Geneva Conventions). States must also refrain from any act of hostility against cultural property, including religious and archaeological property, except in cases of imperative military necessity (Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict).
• One legal expert deemed that the fact that the village was under Israeli military control, presumably empty, and remotely detonated means that the civilian infrastructure on the surface was not being used for military purposes at the time of destruction and the attack was therefore illegitimate.
• If there is a military necessity to target civilian objects, the principle of proportionality must be respected. As such, it is prohibited to launch an attack which may be expected to cause incidental damage to civilian objects, which would be excessive in relation  to the concrete and direct military advantage anticipated (Rule 14 of the rules of customary International Humanitarian Law).
• One legal expert deemed that wiping a historic and religiously significant town off the map – in a manner that conveniently helps clear the border – on the pretext of the existence of Hezbollah tunnels is disproportionate.

Previous Reports of Israeli War Crimes in Lebanon

• War Crime Alert No. 1: The Targeting of an Islamic Health Organization Center and Its Staff, Bachoura, Beirut, 2 October 2024
• War Crime Alert No. 2: The Targeting of Salah Ghandour Hospital, Bint Jbeil, Nabatieh, 4 October 2024
• War Crime Alert No. 3: Rescue Operations Blocked in Mreijeh, Dahieh, Beirut, 4 October 2024 Onwards
• War Crime Alert No. 4: The Targeting of the Bint Jbeil Fire Station and Brigade, Baraachit, 6 October 2024
• War Crime Alert No. 5: The Targeting of UN Peacekeepers, Southern Lebanon, 4-20 October 2024
• War Crime Alert No. 6: Attacks on al-Qard al-Hasan Association, Lebanon, 20 October 2024
• War Crime Alert No. 7: Massacre in the Vicinity of Rafik Hariri University Hospital, Beirut, 21 October 2024
• War Crimes Alert No. 8: Threatening Sahel Hospital, Haret Hreik, Dahieh, Beirut, 21 October 2024
• War Crimes Alert No. 9: Attack on Journalists in Hasbaya, 25 October 2024

This article is an edited translation from Arabic.