Last Updated: Friday, November 24, 2006 | 8:21 PM ET
CBC News
Israel is no less culpable than Hezbollah when it comes to the deaths of civilians, UN High Commissioner for Human Rights Louise Arbour said, adding it makes little difference whether the killing was intentional.
In an interview with the Jerusalem Post Thursday, the former Supreme Court of Canada justice was asked whether there is a distinction under human rights law between missile attacks aimed at killing civilians and military strikes in which civilians are unintentionally killed.
She said that according to criminal law, "there is very little distinction between recklessness and intent."
"It is a small distinction as to whether you desire the result, or you foresee it as virtually certain and you do not care," Arbour said. "In terms of culpability, there is not a lot of difference between recklessness and intent."
More than 800 Lebanese and at least 150 Israelis were killed during the Israeli-Hezbollah conflict in Lebanon last summer.
Hezbollah launched thousands of rockets into populated areas of Israel, but Israeli officials claimed its attacks were against military targets and that any civilian killings were unintentional.
Arbour, who has wrapped up her five-day trip to Israel, said attacks that target civilians and attacks in which civilians are inadvertently killed cannot be equated.
"In one case you could have, for instance, a very objectionable intent — the intent to harm civilians, which is very bad — but effectively not a lot of harm is actually achieved," she said.
Nevertheless, she continued, "… how can you compare that with a case where you may not have an intent but you have recklessness [in which] civilian casualties are foreseeable? The culpability or the intent may not sound as severe, but the actual harm is catastrophic."
She suggested that Israel could be guilty of human rights violations for its actions during its conflict with Hezbollah.
"When you kill civilians virtually each time [in a military attack], at some point you have to ask yourself, 'Wasn't that foreseeable that so many would be killed?" she said. "That is where I think you start having to engage in the possibility that it is somewhat culpable."
She had kicked off her Middle East tour in the area of Beit Hanoun, a northern Gaza town where 19 members of the Al Athamna family were killed earlier this month in an Israeli artillery attack. Israeli officials have claimed it shelled the town in error.
She said the violation of human rights in that area was "massive" and urged both Israeli and Palestinian leaders to stop the "cycle of violence" and do more to protect civilians.
www.cbc.ca/world/story/2006/11/24/arbour-israel.html
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