Israel's military advocate-general, Brig-Gen Avihai Mendelblit found the, " majority of the cluster munitions were fired at open and uninhabited areas", but in some cases the military hit residential areas, responding to rocket attacks by Hezbollah. In Maroon a-Ras, the bombs were used to "allow the evacuation" of Israeli soldiers.
Amnon Vidan of Amnesty International in Israel said he was not surprised by the decision, noting that in such cases, rather than have the army investigate itself, it was better that an international investigation take place.
"The amount of cluster bombs used in civilian areas, as well as testimonies by soldiers about the use of the bombs, and Israel's refusal to hand over to the UN maps of the locations where it fired the bombs to help demining efforts," all point to different conclusions than those reached by the military, he said.
In August 2006, Jan Egeland, then the UN undersecretary-general for humanitarian affairs and emergency relief coordinator, had harshly condemned Israel's use of cluster bombs, calling it "shocking and completely immoral."
"Ninety percent of the cluster bomb strikes occurred in the last 72 hours of the conflict, when we knew there would be a resolution," he said, adding that populated areas, such as homes and agricultural land were now covered with unexploded bomblets.