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Did Middle East device attack violate international law? Advocates want an investigation

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Did Middle East device attack violate international law? Advocates want an investigation
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Did Middle East device attack violate international law? Advocates want an investigation

2024-09-21 03:10 Last Updated At:04:51

GENEVA (AP) — Human rights advocates are calling for an independent investigation into the deadly explosions of pagers and walkie-talkies in Lebanon and Syria, suggesting the blasts may have violated international law if the devices were fashioned as booby traps.

The explosions that have been widely blamed on Israel killed at least 37 people and wounded more than 3,000, including many members of the Iranian-backed militant group Hezbollah. Israel has not confirmed or denied involvement.

The United Nations human rights office and some advocacy groups have cried foul, arguing that the strikes were “indiscriminate” because it's nearly impossible to know who was holding the devices, or where they were, when they went off. But some academics insist the explosions were precisely focused because the devices had been distributed to Hezbollah members.

The International Committee of the Red Cross, which aims to help protect civilians and other noncombatants in conflict and aims to stay neutral, said: “This was a unique operation, and it will take time to have all the facts to establish a legal opinion."

The committee declined to comment publicly about whether the operation violated international humanitarian law, which is difficult to enforce and sometimes flouted by countries.

International law has never addressed the targeting of communication devices that people carry on their bodies. The Geneva Conventions, which provide a rule book for the protection of civilians during conflict, were adopted 75 years ago, long before pagers, mobile phones and walkie-talkies were in widespread public use. The legal situation is further complicated by the fact that Hezbollah is an armed nonstate group acting inside Lebanon, a sovereign member of the U.N.

“There must be an independent, thorough and transparent investigation as to the circumstances of these mass explosions, and those who ordered and carried out such an attack must be held to account,” the U.N. human rights chief, Volker Türk, said in a statement.

The question of how to apply international rules to the attack seems to center mostly on whether a secret explosive embedded in a personal electronic device might be considered a booby trap. Israel has been blamed for targeted strikes and assassinations in the past, but a large strike using mobile communication devices is virtually unheard of.

A booby trap is defined as “any device designed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object,” according to Article 7 of a 1996 adaptation of the Convention on Certain Conventional Weapons, which Israel has adopted.

The protocol prohibits booby traps "or other devices in the form of apparently harmless portable objects which are specifically designed and constructed to contain explosive material.”

Lama Fakih, Middle East and North Africa director at Human Rights Watch, said the rules were designed to protect civilians and avoid “the devastating scenes that continue to unfold across Lebanon today.” She too called for an impartial investigation.

The convention also sets rules for the use of land mines, remnants of cluster bombs and other explosives. It bars use of other “manually emplaced munitions,” such as improvised explosive devices that "are designed to kill or injure, and which are actuated manually, by remote control or automatically after a lapse of time.”

The pagers were used by members of Hezbollah, but there was no guarantee that the members would be holding the devices when they went off. Many of the casualties were among members of Hezbollah's extensive civilian operations mainly serving Lebanon’s Shiite community.

Laurie Blank, a professor at Emory Law School in Atlanta who specializes in international humanitarian law and the law of armed conflict, said the law of war doesn’t prohibit use of booby traps outright, but places limits on them. She said she believed the attack was “most likely lawful under international law.”

She said booby traps can be used to target enemy forces in or near a military objective, including the communication systems used by Hezbollah fighters.

“That said, it’s not clear that this is a booby-trap scenario. For example, if the attack is attacking the pagers themselves, then it’s not an issue of booby-trapping,” Blank wrote in an email.

Experts said the pager explosions suggested a long-planned and carefully crafted operation, possibly carried out by infiltrating the supply chain and rigging the devices with explosives before they were delivered to Lebanon.

“There is no world in which the explosion of hundreds, if not thousands, of pagers is not an indiscriminate attack prohibited by international law,” Mai El-Sadany, who heads the Tahrir Institute for Middle East Policy, a Washington-based think tank, wrote on X.

“The pager holders were scattered across civilian areas, from shopping malls to crowded streets and apartment buildings to hospitals, surrounded by women, children and men,” she told The Associated Press. “An attack like this cannot anticipate what innocent passerby is in the impact area or what carefree child picks up the pager when it beeps.”

British lawyer Geoffrey Nice, who prosecuted former Yugoslav and Serbian President Slobodan Milosevic, said in an interview: “It’s pretty obvious here it’s a war crime. And we should call it out for what it is."

But he noted criminal conduct on both sides of the Israel-Hamas conflict, alluding to rocket strikes by Hamas militants on Israel and casualties caused by Israel's military operation in Gaza, where the Health Ministry says at least 41,000 people have been killed since the Oct. 7 Hamas attack on southern Israel that triggered the latest war.

Amos Guiora, a professor at the S.J. Quinney College of Law at the University of Utah, said the strikes were “justified in the context of self-defense,” but he acknowledged the risks of collateral damage against civilians.

“International law does not articulate a number as to what is legitimate or illegitimate collateral damage, it’s just to ‘minimize.’ The tragic reality of collateral damage is that innocent people will be harmed and killed," he said. “I do have a sense on this one that there was a conscious effort to minimize it — with the understanding it will be never perfect.”

“This particular attack strikes me — whoever did it — is as pinpointed as pinpointed can be," said Guiora, who spent 20 years in the Israeli military and advised its commanders in Gaza in the 1990s.

Israel has already faced heavy international criticism over its military response in Gaza and, more recently, in the West Bank since the Oct. 7 attacks by Hamas.

Back in May, the top prosecutor at the International Criminal Court issued arrest warrants for top Israeli officials, including Prime Minister Benjamin Netanyahu, as well as Hamas leaders behind the attacks, over their actions in the war.

Israel ignored an order from the U.N.’s top court to halt its military offensive in southern Gaza after South Africa accused Israel of genocide. Russia, too, has ignored the court’s call for it to end its invasion of Ukraine.

Hamas has also been investigated. Human Rights Watch released a report in July that concluded Hamas-led armed groups committed numerous war crimes during the attacks in Israel.

Hezbollah has been linked to numerous indiscriminate attacks on civilians over the years, including in Argentina, Bulgaria and, of course, Israel.

Chehayeb reported from Beirut. Associated Press writers Danica Kirka and Jill Lawless in London contributed to this report.

FILE - Police officers inspect a car inside of which a hand-held pager exploded, Beirut, on Sept. 17, 2024. (AP Photo/Hussein Malla, File)

FILE - Police officers inspect a car inside of which a hand-held pager exploded, Beirut, on Sept. 17, 2024. (AP Photo/Hussein Malla, File)

FILE - A Civil Defense first-responder carries a wounded man whose handheld pager exploded at al-Zahraa hospital in Beirut, on Sept. 17, 2024. (AP Photo/Hussein Malla, File)

FILE - A Civil Defense first-responder carries a wounded man whose handheld pager exploded at al-Zahraa hospital in Beirut, on Sept. 17, 2024. (AP Photo/Hussein Malla, File)

This video grab shows a walkie-talkie that was exploded inside a house, in Baalbek, east Lebanon, Wednesday, Sept. 18, 2024. (AP Photo)

This video grab shows a walkie-talkie that was exploded inside a house, in Baalbek, east Lebanon, Wednesday, Sept. 18, 2024. (AP Photo)

This video grab, shows a walkie-talkie that was exploded inside a house, in Baalbek, east Lebanon, Wednesday, Sept. 18, 2024. (AP Photo)

This video grab, shows a walkie-talkie that was exploded inside a house, in Baalbek, east Lebanon, Wednesday, Sept. 18, 2024. (AP Photo)

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2024-09-21 04:49 Last Updated At:04:51

Here are the AP’s latest coverage plans, top stories and promotable content. All times EDT. Find the AP’s top photos of the day in Today’s Photo Collection. For up-to-the-minute information on AP’s coverage, visit Coverage Plan in AP Newsroom.

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Adds: ELECTION 2024-HARRIS-EVANGELICALS; BOEING STRIKE; BIDEN-DIPLOMACY; LAWS OF WAR-EXPLODING DEVICES; EXPLODING PAGERS-THE TRAIL; ISRAEL-LEBANON-WHAT TO KNOW; MEDIA-NEW YORK-NUZZI; THREE MILE ISLAND-MICROSOFT; DIDDY-FEDERAL JAIL

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MIDEAST-TENSIONS — Israel says it has carried out an airstrike that killed a senior Hezbollah military official in a densely populated southern neighborhood of the Lebanese capital. It was the deadliest such attack on Beirut in years. By Bassem Mroue and Julia Frankel. SENT: 1,100 words, photos, audio. With LAWS OF WAR-EXPLODING DEVICES — Human rights advocates are calling for an independent investigation into the deadly explosions of pagers and walkie-talkies in Lebanon and Syria; EXPLODING PAGERS-THE TRAIL — The mother of the woman whose company was linked to thousands of pagers that exploded in Lebanon and Syria says her daughter has received threats and been advised by the Hungarian secret services not to talk to media; ISRAEL-LEBANON-WHAT TO KNOW (all sent)

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ELECTION-2024 —For the first time since she ascended to the top of the Democratic ticket, Vice President Kamala Harris has given a speech focused squarely on abortion rights. She did so Friday in Georgia, where she highlighted the death of a woman who developed sepsis while waiting for a routine procedure. By Colleen Long, Amanda Seitz and Josh Boak. SENT: 1,000 words, photos, audio.

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BIDEN-EV-BATTERIES — The Biden administration announced it is awarding $3 billion to U.S. companies to boost domestic production of advanced batteries and other materials used for electric vehicles. SENT: 610 words, photos.

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COURTHOUSE-SHOOTING-KENTUCKY — Residents of a tiny Appalachian town struggled to cope with a shooting involving two of its most prominent citizens: a judge who was gunned down in his courthouse chambers and a local sheriff charged with his murder. SENT: 810 words, photos, video.

REL-EDUCATION-NEW-CHRISTIAN-SCHOOLS — Some churches are launching new Christian schools on their campuses. State school voucher programs are not the driving reason, but they are making the start-up process easier, pastors and Christian education experts say. SENT: 1,370 words, photos. WITH: REL-EDUCATION-NEW-CHRISTIAN-SCHOOLS-TAKEAWAYS. (sent).

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BRITAIN-AL-FAYED-SEX-ABUSE — Lawyers in Britain representing dozens of alleged victims say that their clients are asserting that Mohamed Al Fayed — the former boss of Harrods — was a “monster” who raped and sexually abused young women throughout his time at the London department store. SENT: 900 words, photos.

GERMANY-TURKEY-DÖNER-KEBAB — The döner kebab is beloved in Berlin. But the snack’s status could be in jeopardy if the European Commission approves Turkey’s bid to regulate what can legally take the döner kebab name. SENT: 940 words, photos, video.

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ENTERTAINMENT

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ENT-TV-KELLY-CLARKSON -- Kelly Clarkson says she’s learned a thing or two about interviewing after being in the spotlight herself as a recording artist since 2002. So, she’s created a safe space for guests on season six of The Kelly Clarkson Show, which launches Monday. SENT: 890 words, photos.

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AP News Digest 3:05 a.m.

AP News Digest 3:05 a.m.

AP News Digest 3:05 a.m.

AP News Digest 3:05 a.m.

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