Human Rights Watch recently reported that the Iranian government has engaged in the use of “inherently indiscriminate cluster munitions” during attacks on Israel, following ongoing hostilities since February 28. The employment of these cluster munitions has led to the deaths of at least four civilians in Israel, actions which have been criticized for violating international humanitarian norms, including provisions of the Additional Protocol I to the Geneva Conventions of 1949 and Customary International Humanitarian Law (CIHL). Details are available here.
Cluster munitions, which release smaller bomblets over a wide area, have been condemned because they cannot distinguish between military and civilian targets. The resulting bomblets often fail to explode immediately, creating persistent hazards akin to landmines. Patrick Thompson, an arms researcher at Human Rights Watch, emphasized that their use in populated areas presents a foreseeable and enduring danger to civilians, directly contravening the laws of war.
Reports from the Israeli government indicate at least 16 civilians have been killed in Israel and four more in the West Bank due to these missile strikes. A catastrophic event occurred on March 1 in the town of Beit Shemesh, where nine individuals, including three children, perished in a ballistic missile strike.
These actions bring into sharp focus the principles outlined in Article 51(4) of the Additional Protocol I, which prohibits indiscriminate attacks on civilians unless civilians are directly participating in hostilities. CIHL Rule 1 also mandates that conflict parties differentiate between civilians and combatants, underscoring the illegality of targeting non-combatant populations.
Despite these legal protections, enforcement remains a challenge. Human Rights Watch reached out to the Iranian government regarding these allegations, but no response was provided up to this point.
The international legal framework, including the Geneva Conventions, is designed to uphold the protection of civilians during conflicts, but the apparent lack of accountability jeopardizes these intended safeguards. As tensions continue, the humanitarian implications of such conflicts demand sustained attention and intervention by the international community.