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IDF won't take legal action against officers for firing cluster bombs in Lebanon
By Haaretz Correspondents and AP , By Amos Harel and Yuval Azoulay

The Israel Defense Forces will not take legal action against senior officers who were involved in the firing of cluster bombs into populated areas in southern Lebanon during the Second Lebanon War, the Military Advocate General (MAG) said yesterday.

Brigadier General Avihai Mandelblit acknowledged that cluster bombs were fired into populated areas, but said that this did not constitute a criminal violation.
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Mandelblit also decided against taking any disciplinary action, in part because those involved, including Major General Udi Adam, GOC Northern Command during the war, have retired from the IDF. MAG also said that the IDF shooting was conducted in an effort to stop the continued launch of Katyusha rockets against Israel's civilian population.

Mandelblit is the third officer examining this issue, whose focus revolved around the legality of firing cluster bombs into populated areas. These probes were initiated following Lebanese claims, which the U.S. administration sought to verify, that many civilians became cluster bomb casualties.

In Beirut, a Lebanese government official rejected Mandelblit's decision, saying that the decision "indicates that there is no difference between the judicial authority and political authority in Israel. They all work to commit and cover up crimes which are against humanity."

The IDF used three main types of cluster munitions in the war: those dropped through air force bombs; others fired through artillery; and in rockets fired by the Multiple Launch Rocket System.

In the past Israel had promised to the U.S., which provided the ammunition, not to use cluster bombs against populated areas.

Wartime Chief of Staff Dan Halutz issued similar restrictions, on a number of occasions, to Northern Command.

However, in practice the IDF fired thousands of cluster munitions during the war, some of which targeted populated areas.

During the IDF investigation it emerged that the air force did not violate the instructions, but the artillery and rocket batteries, commanded by the Northern Command officers, did fire into populated areas.

Most of the ammunition was used to target fields near populated areas, where Hezbollah was known to have bunkers and other positions used to launch Katyushas. However, in some instances, the batteries also fired into populated areas, contrary to Halutz's orders.

MAG concluded that the use of cluster munitions is permissible under international law and noted that Western armies use this type of weapon.

Mandelblit said that cluster munitions are the sole effective means for countering the threat of the Katyusha rockets, in instances where ground forces are not used to take over the launch sites.

MAG says that the firing was executed in areas where the launch of Katyushas was identified with certainty, and that the shooting was not meant to disrupt the lives of civilians in the populated areas.

The violation from regulations occured, Mandelblit says, when Northern Command did not obey the specific orders issued by the Chief of Staff.
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