DOCUMENTS OF THE
INTERNATIONAL
COMMISSION OF INQUIRY
INTO ISRAELI CRIMES AGAINST THE LEBANESE AND PALESTINIAN PEOPLES
INTO ISRAELI CRIMES AGAINST THE LEBANESE AND PALESTINIAN PEOPLES
[introduction.]
p
The Commission is a non–
governmental organization comprising
prominent lawyers, medical doctors,
diplomats, public and religious
figures from many countries of Europe,
Asia, Africa and America. The task of
the Commission is to establish facts
concerning the crimes of the Israeli
aggressors against the Lebanese and
Palestinian peoples, to evaluate these
facts and bring them to the attention
of the world public. The Commission
held two sessions—in August 1982 in
Nicosia (Cyprus) and in February
1983 in Geneva (Switzerland). Its
Medical Subcommittee met in
A thens in November 1982.
p
Findings and conclusions of the
International Commission of Inquiry ’into
Israeli Crimes Against the Lebanese
and Palestinian Peoples, August 15–16,
1982, Nicosia, Cyprus
(Excerpts)
(Excerpts)
p
On June 6, 1982, regular Israeli
troops invaded Lebanon and committed aggression against the Lebanese and Palestinian peoples. The goal of this invasion was to liquidate the Palestine Liberation Organization primarily by killing as many Palestinians as possible. The aggressors killed, wounded and maimed dozens of thousands of the Lebanese and Palestinians, predominantly women, children and old people; thousands upon thousands of people are missing, while close to a million people have 192 been left homeless or have been forced to flee from their native cities and villages. It was in cold blood that the invaders destroyed fourteen Palestinian refugee camps, three major cities in Southern Lebanon, and 32 villages...
troops invaded Lebanon and committed aggression against the Lebanese and Palestinian peoples. The goal of this invasion was to liquidate the Palestine Liberation Organization primarily by killing as many Palestinians as possible. The aggressors killed, wounded and maimed dozens of thousands of the Lebanese and Palestinians, predominantly women, children and old people; thousands upon thousands of people are missing, while close to a million people have 192 been left homeless or have been forced to flee from their native cities and villages. It was in cold blood that the invaders destroyed fourteen Palestinian refugee camps, three major cities in Southern Lebanon, and 32 villages...
p
In reaching its conclusions and findings, the Commission
made it a point to be satisfied beyond doubt before doing so.
p
The Commission heard the evidence of a wide range
of witnesses, many of whom had actually observed events
in Lebanon. These included three members of the
Commission itself, Paulette Pierson-Mathy, Mikis Theodorakis
and Hans Goran Franck, who were sent to Lebanon
before the meeting, members of Scandinavian, Greek,
Dutch, Canadian, Finnish and French medical teams,
social workers and journalists who had worked in or visited
West Beirut, and experts on military matters and on the
lethal^ effects of the sophisticated weapons used by
the Israelis in Lebanon and also witnesses from inside
Israel...
p
The doctors also gave the effects of different kinds of
bombs, particularly cluster bombs and phosphorus bombs,
on men, women and children, and the total destruction of
the livelihood of people already living near the edge of
existence...
p
From the Commission members who visited West Beirut
and the doctors and journalists who entered the city in the
last few weeks came detailed evidences of the bombing of
the city. The widespread indiscriminate character of the
destruction was shown by many slides, examples of the
different kinds of bombs used had been photographed or
brought to us...
p
The state of Israel and its Zionist rulers are accused of the
following criminal actions:
I—crimes against peace;
p
II—crimes against humanity;
193
p
III—war crimes, and
IV—actions aimed at denying the right of self–
determination of the Palestinian people.
I. Crimes Against Peace
p
...The state of Israel and its
leaders are accused of at least the following acts of aggression:
p
a) invading or attacking with the armed forces of the
state the territory of another state or any military
occupation, provisional as it may be, resulting from such an
invasion or attack, or any annexation through the use of force
of the territory of another state or any part of it;
p
b) bombing by the armed forces of a state of the
territory of another state or using any weapon by a state against
the territory of another state;
p
c) blockade of the parts on the shores of a state by the
armed forces of another state.
p
Israel is committing a premeditated aggression and the
occupation of the territory of a sovereign independent
state, founder member of United Nations, and a direct
interference in the internal affairs of Lebanon. We .are forced to
conclude that Israel is trying to install a "new order" in
Lebanon serving its own interests...
p
The Israeli aggression has led to the occupation and vast
indiscriminate destruction o’f the greater part of the
independent Arab state of Lebanon. It has also endangered its
political independence. The Israeli aggression has, concurrently
with the above, become a serious threat to international
peace and security.
Witnesses from inside Israel referred to the gradual
change of unwinding taking place within. an influential
section of the people of Israel towards the hostile policy
194
of their government to the Lebanese and Palestinian
peoples. The Commission is satisfied there is a rethinking
among these sections about the justification and
continuance of the aggression and brutalities committed by the
invaders.
II. Crimes Against Humanity
p
Having committed an
unprecedented act of aggression against independent Lebanon, the
state of Israel and its leaders have carried on a course of
genocide against the Arab people of Palestine.
p
According to the definition contained in Article II of
the Convention on the Prevention and Punishment of the
Crime of Genocide of December 9, 1948, genocide is
defined as actions, committed with an intent to
exterminate, fully or partly, a national, ethnic, racial or religious
groups per se.
p
The Israelis have committed the broadest actions against
the Palestinians which can be qualified as genocide...
p
As a result of the policy of genocide, the Palestinian
inhabitants of Lebanon have been put into such a
position as to endanger their very existence.
p
The overall direction of Israel’s criminal activities is also
seen from the fact that, according to the witnesses and
documents, all Palestinian males from 16 to 60 years of age
have been taken prisoner.
p
They really are prisoners of war but were put into
concentration camps where they are treated in a most
cruel and degrading manner.
p
The Commission received eye-witness accounts of Israel
maltreatment of Palestinian prisoners of war from members
of a Norwegian medical team. The Commission was
informed of the extensive use of violence, of regular and
195
systematic beatings, of degrading and inhuman treatment,
of physical and mental abuse against these men.
The methods of conducting military actions employed
by the Israelis, their treatment of Palestinian prisoners of
war, the new orders they brought in with them into
Lebanon’s occupied regions, contradict a whole range of norms
of international law and, in fact, by their very nature are
military crimes.
III. War Crimes
p
1. The Conduct by the Israelis
p
of Military Actions Against the Civilian Population,
Bombing and Shelling of Peaceful Cities and Villages Violate:
p
a) The St. Petersburg Declaration of 1868 which obliges
both sides in a conflict to fight against the enemy’s armed
forces only;
p
b) Article 25 of the Statement supplemented to the
Hague Convention of October 16, 1907 which prohibits
attacking open or non-defended cities;
p
c) Article 6 of the “B” Section of the Charter of the
International Military Tribunal in Niirnberg which equates
the unwarranted destruction of cities and villages to a
military crime;
p
d) Article 48 and subsequent Articles of the
Supplementary Protocol of June 8, 1977 to the Geneva Convention
of August 12, 1949 on protecting war victims;
p
e) Resolutions 2444 (XXIII) and 2675 (XXV) of the
United Nations General Assembly, which prohibit military
operations against the civilian population.
p
The three member group of our Commission who
visited Lebanon confirmed that as a result of the operations of
the Israeli army, substantial parts of Beirut, Tyre, Nabatiya
196
and Saida, as well as of many other places, were destroyed,
and whole camps of the Palestinian refugees were razed
from the face of the earth. Over 600,000 Lebanese were left
homeless, and the occupied territory of Lebanon has been
plunged into a critical situation. According to a report
compiled by UN observers, some 300,000 Lebanese citizens and
not less than 83,000 Palestinians urgently need aid and
shelter.
p
2. Use of the Cluster, Phosphorus, Fragmentation and
Other Bombs.
p
The use of the cluster and phosphorus bombs, and of
some other weapons is a violation of the St. Petersburg
Declaration of 1868 and the Hague Convention of 1907.
They prohibit the use of arms which cause unnecessary
human suffering. Quite recently these weapons were
expressly added to the Supplementary Protocol to the 1949
Geneva Conventions.
p
All witnesses stated that these horrendous weapons
of mass destruction were widely used by Israel in Lebanon,
and the overall majority of those who have suffered
from them were peaceful civilians. We heard rumors about
even more frightening devices such as the vacuum bomb; we
have the duty to inquire further about these weapons.
p
3. Bombing of Hospitals and Clinics Protected by the
Red Cross and Red Crescent Insignia.
p
This is a violation of one of the oldest rules of the
humanitarian law. This is reflected in a number of
documents, particularly in Articles 18 and 23 of the Geneva
Convention of August 12, 1949, on the protection of the
civilian population in case of war.
p
The Israeli military obstructed even the International
197
Red Cross from rendering aid to the Palestinians and the
population of Beirut.
p
4. Cutting Off Food, Water and Energy and Essential
Medical Supplies from the Civilian Population.
p
This represents actions against the civilian population
prohibited by humanitarian conventions, namely by Article
1, Para 1 of the Supplementary Protocol which prohibits
the causing of hunger among the civilian population as a
method of conducting warlike actions.
p
Such Israeli actions were confirmed by the United
Nations Security Council Resolution of July 30, 1982.
The Security Council demanded in that Resolution that
the government of Israel should immediately lift the
blockade of the city of Beirut, so as to permit supplies
necessary to satisfy urgent needs of the civilian
population and to allow the distribution of aid delivered by
UN agencies and by non-governmental organizations,
especially by the International Red Cross Committee
(IRCC).
p
5. Article 51, Para 2 of the Supplementary Protocol
Prohibits Acts of Violence or Threats of Violence Aimed
at Terrorizing the Civilian Population.
p
The Israeli leaders widely used threats of violence,
especially during the siege of Beirut.
p
6. The Refusal to Grant POW Status to Palestinian
Fighters Violates:
p
Article 4 of the Geneva Convention of August 12, 1949
on the treatment of prisoners of war.
p
The Commission was informed that the Israeli
198
government is denying prisoner of war status and treatment to
the Palestinians...
p
The non-granting to Palestinians of POW status also runs
counter to the UN General Assembly resolutions, such as
No. 3103 (XXVIII) of December 12, 1973 which demands
that this status be granted to those persons who fight
against foreign occupation and for their right to self–
determination.
p
7. Cruel Treatment of Palestinians, Both Combatants
and Civilians, Captured by the Israeli Forces.
p
This violates some basic provisions of the Geneva
Convention on the treatment of prisoners of war and the
Geneva Convention on protecting the civilian
population in case of war. Article 13 of the former contains
general provisions that prisoners of war should always
be treated humanely. It is prohibited in particular to
maim them.
p
8. Preventing the Authorities in the Occupied
Territories to Execute Their Functions...
p
9. The Israelis Systematically and Purposefully Shelled
and Destroyed the Beirut-Based Diplomatic
Representations of the USSR, Czechoslovakia, Bulgaria, France,
Algeria, All Arab Embassies and the Canadian Embassy,
Which Traditionally Enjoy Protection at Times of Armed
Conflicts.
p
10. The Destruction of Monuments and Cultural and
Scientific Institutions.
p
This violates the provisions of the Hague Convention of
May 14, 1954 and Article 53 of the Supplementary
199
Protocol on protecting cultural values in case of armed conflicts.
p
The Israelis have -committed exactly such actions in
Lebanon.
p
The Israeli planes systematically and quite deliberately
destroyed the buildings of the Arab University and the
Exhibition Hall of the works of art and culture of
Palestiniari painters.
p
11. Violation of Other Traditional Rules of Conducting
Military Actions.
p
The international law prohibits, in particular, any
perfidious actions (see Article 3 7 of the Supplementary Protocol).
The Israeli troops on numerous occasions perfidiously
violated ceasefire to regroup their forces, to replenish their
supplies and to fortify the captured positions, only to
perfidiously violate the ceasefire after that.
IV. Denying the Right to
SelfDetermination of the Palestinian
People
p
Since the United Nations General
Assembly adopted, on December 14, 1960, the Declaration granting independence to former colonial countries and peoples, any subjugation of peoples to foreign yoke and domination, any military actions or repressive measures against peoples fighting for their right to self-determination should be viewed as a grave international crime. All the more so since the General Assembly of the United Nations in 1974 adopted Resolution 3236 confirming officially the right of the Palestinian people to self-determination.
Assembly adopted, on December 14, 1960, the Declaration granting independence to former colonial countries and peoples, any subjugation of peoples to foreign yoke and domination, any military actions or repressive measures against peoples fighting for their right to self-determination should be viewed as a grave international crime. All the more so since the General Assembly of the United Nations in 1974 adopted Resolution 3236 confirming officially the right of the Palestinian people to self-determination.
Israel and its leaders, by their systematic actions,
primarily by their use of military force, aimed at denying
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the right to self-determination and to setting up their own
state to the Palestinian people, and by their occupation of
the territories that belong to the Palestinian people, have
committed just this crime.
V. International Responsibility
p
The USA as an Accomplice in
Israel’s Crimes.
p
The United States is
internationally responsible for the violations of international law by Israel because of the support it has been rendering to Israel in committing the above international crimes.
internationally responsible for the violations of international law by Israel because of the support it has been rendering to Israel in committing the above international crimes.
p
This support included:
p
—military aid through shipments of arms and modern
technology, while the US-Israeli Memorandum on
strategic cooperation signed last year provided for coordinating
their operations in the Middle East;
p
—economic aid through granting gratuitous assistance and
very big loans;
p
—on the political and diplomatic plane, direct support
of the Israeli aggression as reflected in the use by the
United States of its veto right in the Security Council
when the USA vetoed resolutions demanding the
withdrawal of the Israeli forces and refused to vote for a
UN General Assembly resolution denouncing the Israeli
aggression.
More than 50% of the Israeli experts go to the EEC,
where they receive preferential customs rates and credit
benefits. This form of economic support to a state which
continues with aggression and occupation of Lebanon
constitutes a form of indirect support. Obviously precedents
201
show that aggression is met with immediate sanctions. We
call upon the USA and the EEC in particular to take action
in helping with what has been done before.
VI. On the Responsibility of the
Organizers and Inspirers of the
Crimes in Lebanon
p
The above-mentioned
international legal norms violated by Israel are binding upon it
either on the treaty basis (the Geneva Conventions, with
regard to Israel, came into effect on June 6, 1951), or
because these norms have been formed on the habitual basis
and have by now become a composite part of the modem
general international law, compulsory for all states without
exception.
p
Israel’s responsibility acquires an even graver character
due to its refusal to implement the compulsory decisions of
the Security Council.
p
The general legal principle of the inevitability of
responsibility for the committed offences should be applied to
international crimes on an even stricter basis, because they
jeopardize international peace and security and lead to
incalculable economic, moral and ethic losses for the
countries and peoples and undermine the entire
international law and order...
p
The International Commission warns that all those guilty
directly or indirectly of transgressions and violations of
international law and crimes against humanity will have to
answer for them before the bar of international justice.
202
p
Findings and Conclusions of the
International Commission of Inquiry
into Israeli Crimes Against the Lebanese
and Palestinian Peoples,
February 27–28, 1983, Geneva,
Switzerland
(Abridged )
International Commission of Inquiry
into Israeli Crimes Against the Lebanese
and Palestinian Peoples,
February 27–28, 1983, Geneva,
Switzerland
(Abridged )
p
...In violation of the resolutions of
the Security Council about the immediate and unconditional recall of Israeli troops from the Lebanese territory, the aggressor is deliberately postponing the ceasing of its military occupation to an undetermined date.
the Security Council about the immediate and unconditional recall of Israeli troops from the Lebanese territory, the aggressor is deliberately postponing the ceasing of its military occupation to an undetermined date.
p
In the time lapse between the Commission’s first and
second sessions, its delegated missions went to Lebanon and
Israel. They met numerous representatives of Palestinian
and Lebanese opinion, as well as witnesses and victims of
violence by the Israeli army; they also conversed with
responsible persons from various committees opposed to
war...
p
At the close of the auditions and multiple interventions
at a high level on the part of numerous speakers, the
Commission came to the following conclusions:
p
The prolongation and persistent occupation of an
important part of the territory of the Lebanese state constitutes
a permanent violation of the most fundamental norms
of international law. This occupation is the source of
all tragedies and all crimes to which the Palestinian and
Lebanese peoples have been subjected for months. This
is why everything must be done to put an end to this
occupation.
p
The Commission gives the main conclusions which it
reached:
203
p
I. Persistent occupation
Crimes against humanity
Crimes of war
Concentration camps of Ansar and other criminal actions by Israel in Lebanon.
Crimes against humanity
Crimes of war
Concentration camps of Ansar and other criminal actions by Israel in Lebanon.
p
—The facts collected unquestionably prove that the
Israeli occupation authorities are using their military
presence to achieve their expansionist goal. To this end they
provoke and make use of violence in all its forms. They
organize massacres in the Palestinian refugee camps, assist
and encourage the dealings of extremist forces which
give rise to confrontations between Muslim and Christian
communities, as in the case of the area of Mountain
Lebanon.
p
—The Israeli occupation engenders destabili/ation of the
system of political relations and strikes at the normal
functioning of the State, in violation particularly of
articles 53, 54, 64 of the Geneva Convention of 1949.
p
—The Israeli occupation leads to massive and gross
violation by Israeli troops and administration of the rights
and liberties of the Lebanese and Palestinian civilian
population:; round-ups and massive arrests, deportation and
internments in concentration camps, use of torture and
other forms of violence against detainees, violation of
articles 47, 49 and 70 of the Geneva Convention on
the protection of civilian populations in case of armed
conflict.
p
—Persistent occupation and the accompanying barbaric
violence, the contempt in Israel of the principles and norms
of international law are serious obstacles to an equitable and
global settlement in the Middle East, taking into account
the legitimate rights of all peoples and in particular the
guarantee of the right of the Palestinian people to create its
own State.
204
p
—By voluntarily multiplying obstacles in face of the
humanitarian action of governments and international
organizations wishing to intervene in favour of the
Palestinian and Lebanese populations victims of the aggression—
the Israeli authorities are impeding the supply of food and
sanitary material for this population, thus violating articles
55, 56 57 and 59 of the Geneva Convention.
p
—Israel persists in totally ignoring the Geneva Convention
of August 12, 1949 relating to prisoners of war,
by refusing this status to Palestinian and Lebanese
combatants who,. . are waging a legitimate armed struggle against
the invaders (Article 4 of the Convention). Israel takes no
notice whatsoever of the 1977 Protocol concerning
international armed conflicts as annexed to the Geneva
Convention of 1949 on the defence of victims of war, though it
took a direct part in its elaboration.
p
—The Israelis maintain and multiply concentration camps
in South Lebanon. Numerous Lebanese and Palestinian
detainees in the Ansar camp are subjected to torture and
undergo inhuman treatment. The Commission finds
that Israeli authorities still prohibit access to camps
to families of detainees, to their lawyers, as well as to
representatives of the international media, whilst they
do not have the benefit of an international protection of
any kind.
p
II. Sabra and Shatila: extreme consequences of a policy
of extermination o.f the Palestinian people.
p
The Commission heard numerous testimonies; it studied
documents, films, photos and other elements of proof on
the massacre of Sabra and Shatila which it communicated to
all participants.
p
It also referred to the report of the Israeli Commission of
Inquiry and to various hearings given before the Israeli
205
Commission by witnesses attending the February 27 and
28, 1983 Geneva session.
p
It took good note of the positive aspects of this inquiry
and was pleased therewith.
p
But it also pointed out the limits and inadequacies of the
documents published by the Commission, and especially
the conclusions which it considers not to have any valid
implications for those responsible for the massacres.
p
For its part, the Commission came to the conviction that
these horrible, out-of-the-ordinary events are part of the
global policy of aggression, annexation and extermination
pursued by the Begin government, and that they bring out
the racist aspects of Zionism.
p
The invaders continue, in astonishing cold blood, to
destroy the Palestinian refugee camps on Lebanese territory.
Seventeen camps have been deliberately erased during the
months which have passed since the beginning of Israel’s
invasion of Lebanon. The objective is to chase off all, or
almost all, refugees, first "to the North”, then "in the
direction of Syria”, and then towards Jordan, to "finally solve"
the problem of Palestinian independence.
p
The Commission added to inquiry documents the
following statement by Yaakov Meridor, the Israeli minister in
charge of refugee problems: "Send them eastwards, to
Syria. Allow them to leave, but do not let them come back.”
p
Lt. Col. Dov Yirmiah found himself excluded from the
top reserve of Israel’s army for having disclosed this
statement by the minister.
p
Thus, Yaakov Meridor confirmed the anti-humanitarian
essence of the premeditated, forced expulsion plan of the
Palestinian refugees. He admitted, at the October 13,
1982 meeting of the Israeli government, that his plan
consisted, as a first step, in the evacuation of refugees from
South Lebanon to the North. The systematic
destruction of the Palestinian refugee camps and the terror in the
206
southern area of this Arab country were aimed at
provoking the flight of Palestinian refugees to Syria and Jordan.
p
Scornful of Security Council resolutions and in
violation of the promises made by Philip Habib, the American
emissary, to the Palestinians about non-entry of Israel’s
army into West Beirut, about the non-violation of the
Palestinian refugee camps in Lebanon and the security of the
Palestinians remaining in that country, Israel clearly
manifested the intention to pursue a policy of genocide
against the Arab people of Palestine.
p
In spite of the full guarantee by the Americans, the
Israeli army started to take over West Beirut on the night
of September 15, 1982. It was an operation planned in
advance and prepared with the greatest care in all details. The
Israeli army units participating in this operation had been
air-lifted to Lebanon the day before.
p
The massacre in the Palestinian refugee camps of Sabra
and Shatila circled by Israeli army units lasted 40 hours
without interruption from September 16 to 18.
Undisputable facts attest that Israeli Defence Minister Ariel Sharon,
Chief of Staff Rafael Eitan, General Amir Drori,
BrigadierGeneral Amos Yaron, and other Israeli military leaders
participated in the instruction of the gangs responsible for
the killings at Sabra and Shatila. It was upon Sharon’s
orders that’Israeli army units illuminated these
Palestinian camps during the night. The electricity supply of
West Beirut had been deliberately cut off to hide the
massacres.
p
Uri Avneri, Israeli politician and journalist, had warned
that under cover of the West Beirut invasion operation
General Sharon had the intention of destroying the
Palestinian refugee camps in the neighbourhood of Lebanon’s
capital city. This warning got published in the Israeli press
in the morning of September 17, 1982, but the authorities
of Israel did not take any notice.
207
p
Israeli citizen Ben Yishai confirmed having witnessed the
massacres which took place literally next to the
commanding post of the Israeli brigade which encircled the Sabra and
Shatila camps. He communicated immediately his
observations to Sharon, but the Minister did not react in any way.
"He thanked me and expressed his wishes for a good year.
I got the impression that apparently he was informed about
what was happening in the camp.”
p
An Israeli officer testified that the Israeli units had
received the order not to impede the murderers who, as was
said, "were clearing the place”.
p
All during the morning of September 18,1982—so
reported Israeli journalist Amnon Kapeliouk—many inhabitants
of the camps were taken out and then disappeared... They
were pushed into trucks leaving for an unknown
destination. One still does not know what happened to the persons
who so disappeared. Their bodies, thrown out of the trucks,
were scattered along the roadsides leading to South
Lebanon. These roads cross the areas of Al-Ouzai, Khalde,
Harat an-Naame, Kafr Himah. Corpses were also found on
the road to the international airport of Beirut”.
p
Full information about the number of victims of the
massacre has not yet been obtained. On September 22,
1982, an International Red Cross report announced the
discovery of the burial of 663 bodies. On October 14, the
Orient-Le Jour of Beirut stated that according to Lebanese
government sources, 762 corpses had been found, 213 of
them in a communal pit; 302 bodies had been identified,
then burned by the local assistance brigades; 248 corpses
had been buried by the International Red Cross after
identification. According to the same source, "about 1,200
bodies have been taken by families for burial in individual
tombs”.
p
To the total number of victims of the massacre one must
add the many corpses taken from the ruins of nearly 200
208
residential buildings destroyed in the course of the massacre
in the camps. It was very difficult to make an exact
estimate. It was stated that there were hundreds. 115
bodies were uncovered the first day of the search, 56 the
second day. The search had to. be interrupted after a few
days due to the rapid decomposition of the cadavers.
p
On September 23, 1982, the France-Presse Agency
assessed at 2,000 the total number of corpses of Palestinian
refugees who had disappeared from the camps of Sabra
and Shatila. This refers essentially to those taken by truck
in an unknown direction.
p
Israeli journalist Amnon Kapeliouk states therefore that
one can speak of the extermination of a total of over 3,000
persons. During 40 hours, on September 16, 17 and 18,
3,000 to 3,500 men, women and children were killed of the
20,000 who were counted as being in the two camps.
Among the 302 bodies initially identified, 136 were
Lebanese living in Sabra and Shatila alongside the
Palestinian refugees. And Amnon Kapeliouk draws the conclusion:
"One believes that about one fourth of the victims of the
massacre at Sabra and Shatila were Lebanese citizens, the
remainder being Palestinians.”
p
At the onset of the massacre the inhabitants of Shatila
made two separate attempts to stop the carnage. In
particular, a delegation of four persons had gone to the
Israeli post near the Kuwaiti Embassy, the building of which
was occupied by the Israeli soldiers, in order to explain that
there were neither arms nor Palestinian fighters in the camp
and that the inhabitants were surrendering. The delegation
included Abu Hamad Ismail (55 years old), Abu Ahmed
Said (65 years old), Abu Suaid (62 years old) and Tawfik
Abu Hakhmeh (64 years old). Amnon Kapeliouk writes
that in view of everyone they were approaching the
southern exit of the Shatila camp, then disappeared. Two
days later, the bodies of three of the members of the
209
delegation were discovered near the building of the Embassy
of Kuwait.
p
Israeli Prime Minister Menachem Begin is personally
responsible for the massacre in the Palestinian camps of
Sabra and Shatila. He authorized the invasion of West
Beirut, which nothing could justify. His first argument,
totally improvised, in favour of the occupation of that part of
the Lebanese capital was that the murder of Bashir
Gemayel, the recently elected President of Lebanon, would
probably have led to general chaos. The recourse to such an
argument shows that this murder was in fact all to the
benefit of the aggressor.
p
The second argument, according to which "thousands
of terrorists" had stayed in the camps, was just as
inconsistent. General Eitan, Chief of Staff of the Israeli army, had
in fact declared on September 15 that only a few
Palestinian combatants and a small representation of the PLO had
remained in West Beirut (cited from the Israeli paper
Haaretz).
p
Although they immediately received the news about the
carnage at Sabra and Shatila, the US Department of State
and its civil servants did nothing to stop the crime. The
allegations about American diplomats posted in Lebanon
and responsible for investigating the situation on the spot
not being able to enter the camps are inconsistent.
p
At this point the Commission notes that Israel, equipped
by the USA with modern arms and munitions, has used this
material in violation of the agreements existing between the
two countries, on the face of which American arms
delivered to the Israeli army could only serve for the defence of
Israel. In Lebanon they were in operation for aggression and
conquest. The world press had on various occasions pointed
out violations of the American-Israeli agreements, but the
government of the United States has taken no measure of
sanctions against Israel, nor did it try to put an end to these
210
violations; one can say that they practically encouraged
the aggressor to the detriment of the victim. This attitude
of the American administration can only qualify it as an
accomplice of Israel in its crimes.
p
The types of arms mostly supplied by the United States
are:
p
—vacuum bombs,
p
—fragmentation bombs,
p
—cluster bombs,
p
—phosphorus bombs,
p
—anti-shelter rockets.
p
The way in which they were used by the Israeli army
leaves no. doubt whatsoever about the determination of the
Begin government to fundamentally conduct a war of terror
and extermination against the civilian population—which
lost tens and tens of thousands of killed and wounded.
p
III. Destabilization of the economy and social structure
of Lebanon.
p
Starting with the inquiry it has been conducting, the
hearing of testimonies, the. objective reports of the Lebanese
and Israeli press, the large amount of news coverage on a
worldwide scale, the Commission calls the attention of
public opinion to the fact that following the systematic and
deliberate actions of the armed forces of Israel, and of its
occupation authorities, we can observe a destabilization of
the economy and social structure of Lebanon. Whilst
military operations were in full swing, the Israeli currency
was introduced on all Lebanese territory occupied by the
army of Israel, by an unilateral act...
p
At the time of the assault on West Beirut, the Israeli
army, with the’ help of Israeli finance experts, trespassed
the inviolability of the Lebanese banks. The purpose of this
unprecedented measure was to demonstrate that
211
henceforth Israel could control the Lebanese finances in
accordance with its interests...
p
Israel has been systematically destroying the
socioeconomic structure of Lebanon. The infrastructure of the
country is demolished, its development needs are being
ignored, conditions have been created which make the
functioning of the state impossible. The result is
agricultural decline, the decline of all the branches of industry,
of the national handicraft business and small traders. Many
administrative sectors which had been dealing with the
recovery of customs and income taxes do not function any
more, and this has caused incalculable damage to the
Lebanese State.
p
This type of policy seems to be preparing for Lebanon to
come under a protectorate mandate. It is applied and
followed by all who, like Begin, Sharon and others,
fanatically defend the conception of a Great Israel. This is why
such an attempt must be denounced and fought against with
the utmost vigour in the interest of the independence and
sovereignty of Lebanon.
p
The members of the International Commission declare:
p
—the criminal situation created by the occupation can
only come to an end with immediate, unconditional and
total retreat of Israeli troops from Lebanese territory,
according to resolutions 508 and 509 of the Security
Council, an indispensable condition to the re-establishment of
sovereignty in Lebanon and a normalization of its
political and social life;
p
—Israel, as an occupying state, is wholly responsible for
all criminal acts committed by its forces and collaborators
on the territory it occupies and controls...
p
The Commission wants to stress once more the fact that
in conformity with international law, such crimes are not
subject to prescription and that the punishment incurred is
212
irrevocable (Convention of 1968 on non-prescription of war
crimes and of crimes against humanity).
p
The Commission recalls the practices of the Niirnberg
Tribunal which passed judgement on the main war
criminals of the Second World War...;
p
—the situation persisting in Lebanon puts to the fore the
fundamental role in this war of the United States, engaging
its responsibility both with regard to occupation and the
crimes for which Israel is the guilty party;
p
—persisting occupation, brutal violence, the negation by
Israel of the principles and norms of international law are
serious obstacles to an equitable and global settlement of
the crisis in the Middle East, taking into account the
legitimate interests of all states and of all peoples of the area
and in particular the need to vouchsafe the legitimate right
of the Palestinian people to create their own state and to
decide in all independence on their relations with the other
states;
p
—persisting aggression and Israeli occupation, and the
ensuing crimes are also a danger to world peace. This is why
the Commission deems it necessary to alert and call on
world public opinion, political parties, social and religious
movements, governments and parliaments, international
and intergovernmental organizations to raise their voices
and to act so as to guarantee and ensure protection of the
Lebanese and Palestinian populations...
p
The Commission has noted with satisfaction the
development of the steps taken by political and social forces and
leaders who in Israel denounced the criminal character of
the aggression and annexation policy of the Begin
government and who call for rapid achievement of a peace based
on recognition of the rights of the Palestinian people for
their self-determination and the creation of their own state.
213
p
Findings and Conclusions of the
Medical Subcommittee of the
International Commission of Inquiry
into Israeli Crimes Against the
Lebanese and Palestinian Peoples,
November 20–21, 1982, Athens, Greece
(Abridged )
(Abridged )
p
The sitting of the Medical
Subcommittee ... with the participation of 58 delegates from
17 countries, and three international organizations, after
hearing testimonies of doctors, other medical personnel,
lawyers and journalists, who worked in Lebanon and gave
medical treatment to the victims of the Israeli aggression or
visited medical establishments which had been destroyed or
damaged; and having analyzed the evidence submitted, has
reached the following conclusions:
p
1. The Israeli invasion in Lebanon, carried out with
the full support of the US, constitutes a flagrant violation
of international law.
p
2. The atrocities and indiscriminate bombings against
the civilian population took on dimensions surpassing the
limits of genocide.
p
3. The cutting off of such basic supplies as water,
electricity, foodstuffs and even blood and plasma to the
besieged part of Beirut, and the siege of this city withhundreds
of thousands of inhabitants constitute an infringement on
fundamental human rights and values.
p
4. The violation of every basic human right is also proved
by the ruthless bombardment from air, sea and land of
residential areas, refugee camps and other civilian targets,
such as hospitals and even cemeteries.
p
5. The witnesses who spoke at the sitting proved the use
of napalm, phosphorus, fragmentation and cluster bombs,
toy and vacuum bombs; all banned by international
conventions. The use of these bombs results in a great number of
214
casualties among the civilian population, including infants
and children under the age of seven. Those attending the
sitting are convinced that both the country of Lebanon and its
population have been used to test the efficiency of the most
sophisticated US weapons. This constitutes a most flagrant
violation of the provisions of the St. Petersburg Declaration
(1868), the Hague Convention (1907) and the
Supplementary Protocol (June 10, 1977) to the Geneva Conventions
on the Protection of War Victims (August 12, 1949).
p
6. The siege and blockade of the city, the explosions,
the mock bombings, the dropping of threatening leaflets
and the booby-traps were elements of the aggressor’s
psychological warfare, which has caused many psychological
problems, especially among children.
p
7. The planned, systematic and mass bombardment
of hospitals and other buildings bearing the emblems of
the Red Cross and Red Crescent is a gross violation of
several international conventions, including the Geneva
Conventions regarding the protection of civilians. The
witnesses gave testimonies concerning specific cases of
destruction of hospitals and clinics, of arrests and murders of
doctors and medical staff, of the killing and injuring of
hospitalized patients, both civilians and combatants, of
destruction of first-aid centres, medical vehicles and medical
equipment in general.
p
8. Hospital conditions for the injured were very bad,
because hospitals were being bombed and could provide
no security. Lack of medical supplies and equipment, the
reduced numbers of medical ana para-medical personnel,
lack of electricity, water and blood, caused insurmountable
difficulties, resulting in a high rate of mortality and high
percentage of postoperative complications.
p
9. The mass destruction of medical establishments, such
as Barbir, Akka, Gaza, Makkassed and many other
hospitals and clinics in Southern Lebanon, the creation of various
215
obstacles and prevention of medical personnel and official
health bodies from carrying out their duties resulted in a
complete paralysis of the health care system in the occupied
regions. All this, together with the occupation of the
Lebanese Ministry of Health, constitutes a violation of the
Geneva Convention on the Protection of Civilian
Population, which forbids the occupying power to modify the
status of officials (Art. 54).
p
10. We must say that the position of the International Red
Cross is puzzling and negative. Throughout the war in
Lebanon it has failed either to take action or fulfil the goals for
which it had been founded.
p
11. Israel’s refusal to assign POW status to Palestinian
and Lebanese fighters, the torture and cruel treatment of
civilians captured by the occupation forces, their detention
in prisons and concentration camps constitute a violation of
the basic provisions of the above. Geneva Conventions.
The violation of the privacy of the home, the repression of all
trade union and political activity, the disruption of economic
activity, as well as the silencing of every democratic
expression, violate the sovereign rights of the Lebanese people.
p
12. The continuing occupation of the sovereign
territory of Lebanon by Israeli troops and Israel’s efforts to
conceal the facts and nature of its crimes against the Lebanese
and Palestinian peoples impede a full and detailed
investigation of the true dimensions of the crimes against humanity
and the violation of human rights.
p
13. We express our concern over the attitude of the
multinational military force in Lebanon toward Palestinian and
Lebanese patriots, following the massacres at the Sabra and
Shatila refugee camps.
14. The Israeli aggression in Lebanon can be classified
as a grave international crime, violating established
international conventions and international law, and causing
unnecessary suffering both to fighters and the civilian popuktion...
* * *
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