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Third Party Liability for Hezbollah Attacks against Israel

Published online by Cambridge University Press:  06 March 2019

Stefan Kirchner

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After an Israeli soldier was abducted in the south of the country in late June, Israeli Defense Forces (IDF) began Operation “Summer Rain” in Gaza in order to secure the safe return of the soldier. On 12 July 2006, Hezbollah forces captured two Israeli soldiers in Northern Israel and killed three more, triggering Operation “Just Reward”, which ended with the fragile cease-fire agreed upon under the terms outlined in U.N. Security Council Resolution 1701. The conflict between Israel and the Hezbollah had the potential of plunging the whole region in a wider war; as a matter of fact, it seems that Iran and Syria were fighting a proxy war against Israel. Hezbollah alone does not have the technological capabilities of hitting Haifa or Nazareth with their own Katjusha-type missiles, which essentially are not much more than slightly modified World War II weapons, yet Hezbollah struck deep inside Israel. On the last day of the war alone, with the cease-fire already in sight, 246 rockets were fired into Israel. Moreover, it appears that Israel was not hit only by Katjushot but also by other missiles with a longer range. Given their arsenal and longstanding support for Hezbollah, the assumption that Iran and Syria have actually delivered missiles or missile technology to Hezbollah is anything but farfetched. News reports during the conflict indicated that Hezbollah used Syrian 220mm-missiles against Israel and that weapons have been delivered to the Hezbollah from Iran, often via Syria. Hezbollah's arsenal includes Iranian-made Zilzal-2 missiles with a range of 210 km, Russian-designed AT-5 anti-tank weapons which were produced in Iran, as well as Russian-made Kornet-E laser-guided weapons and Metis-M anti-armor weapons, both supplied by Syria. Most notorious was the use of Iranian Fajr-3 missiles against Israeli cities. Thousands of these missiles had already been provided to Hezbollah before the fighting began. The rockets that hit the town of Afula, south of Haifa, on 28 July 2006, and which was referred to by Hezbollah as Khaibar-1, likely were the first Iranian-made Fajr-5 missiles ever used by Hezbollah. Despite the destruction of the infrastructure in Lebanon during Operation “Just Reward”, Hezbollah continued to receive weapons. But Syrian and Iranian influence goes back a long time. Today's Hezbollah is the result of an Iranian-nurtured program that lasted for two decades and transformed a local guerilla group into a full-fledged army. Today, Hezbollah's military wing is no longer a group of partisans but an army comprising between 6,000 and 8,000 regular members, not counting reserves, divided into battalions of 250 men, as well as special forces. Not only was it the late Ayatollah Khomeni who provided the initiative for the foundation of Hezbollah, Iran continues to trains Hezbollah fighters and supports Hezbollah's army with weapons, such as the C-802 land-to-sea-missile that was used against the Israeli Naval Ship “Hanit” during the recent conflict.

Type
Developments
Information
German Law Journal , Volume 7 , Issue 9 , 01 September 2006 , pp. 777 - 784
Copyright
Copyright © 2006 by German Law Journal GbR 

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