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UNITED NATIONS RESOLUTIONS CONDEMNING ISRAEL'S WAR OF AGGRESSION AGAINST LEBANON IN 1982 (continued from part 2)
Security Council resolution 521(1982)
Adopted by the Security Council at its 2396th meeting an
19 September 1982
The Security Council,
Appalled at the massacre of Palestinian civilians in Beirut,
Having heard the report of the Secretary-General
(S/15400),
Noting that the Government of Lebanon has agreed to the
dispatch of United Nations observers to the sites of greatest
human suffering and losses in and around that city,
1. Condemns the criminal massacre of Palestinian
civilians in Beirut;
2. Reaffirms once again its resolutions 5 12 (1 982) and 5 13
(1982) which call for respect for the rights of the civilian
population without any discrimination and repudiates all acts
of violence against that population.
3. Authorizes the Secretary-General as an immediate step
to increase the number of United Nations observers in and
around Beirut from 10 to 50 and insists that there shall be no
interference with the deployment of the observers and that
they shall have full freedom of movement;
4. Requests the Secretary-General, in consultation with the
Government of Lebanon, to ensure the rapid deployment of
those observers in order that they may contribute in every way
possible within their mandate, to the effort to ensure full
protection for the civilian population;
5. Requests the Secretary-General as a matter of urgency
to initiate appropriate consultations and in particular consultations
with the Government of Lebanon on additional steps
which the Council might take, including the possible deployment
of United Nations forces, to assist that Government in
ensuring full protection for the civilian population in and
around Beirut and requests him to report to the Council within
forty-eight hours;
6. Insists that all concerned must permit United Nations
observers and forces established by the Security Council in
Lebanon to be deployed and to discharge their mandates and
in this connection solemnly calls attention to the obligation
on all Member States under Article 25 of the Charter to accept
andcarry out the decisions of the Council in accordance with
the Charter;
7. Requests the Secretary-General to keep the Council
informed on an urgent and continuing basis. (190)
General Assembly resolution ES-715
26 June 1982.
QUESTION OF PALESTINE
The General Assembly
Having considered the question of Palestine at its resumed
seventh emergency special session,
Having heard the statement of the Palestine Liberation
Organization, the representative of the Palestinian people,
Alarmed by the worsening situation in the Middle East
resulting from Israel's acts of aggression against the
sovereignty of Lebanon and the Palestinian people in
Lebanon,
Recalling Security Council resolutions 508(1982) of 5
June 1982, 509(1982) of 6 June 1982 and 5 l2(1982) of 19
June 1982,
Taking note of the reports of the Secretary-General
relevant to this situation, particularly his report of 7 June
1982,
Taking note of the two positive replies to the Secretary-
General by the Government of Lebanon and the Palestine
Liberation Organization,
Noting with regret that the Security Council has, so far,
failed to take effective and practical measures, in accordance
with the Charter of the United Nations, to ensure implementation
of its resolutions 508(1982) and 509(1982),
Referring to the humanitarian principles of the Geneva
Convention relative to the Protection of Civilian persons in
Time of War, of 12 August 1949, andto the obligations arising
from the regulations annexed to the Hague Conventions of
1907,
Deeply concerned at the sufferings of the Palestinian and
Lebanese populations,
Reaffirming once again its conviction that the question of
Palestine is the core of the Arab-Israeli conflict and that no
comprehensive, just and lasting peace in the region will be
achieved without the full exercise by the Palestinian people
of its inalienable national rights,
Reaffirming further that a just and comprehensive settlement
of the situation in the Middle East cannot be achieved
without the participation on an equal footing of all the parties
to the conflict, including the Palestine Liberation Organization
as the representative of the Palestinian people,
1. Reaffirms the fundamental principle of the inadmissibility
of the acquisition of territory by force;
2. Demands that all Member States and other parties
observe strict respect for Lebanon's sovereignty, territorial
integrity, unity and political independence within its internationally
recognized boundaries;
3. Decides to support fully the provisions of Security
Council resolutions 508(1982j and 509(1982) in which the
Council, inter alia. demanded that:
(a) Israel withdraw all its military forces forthwith and
unconditionally to the internationally recognized boundaries
of Lebanon;
(b) All parties to the conflict cease immediate1 y and simultaneously
all military activities within Lebanon and across the
Lebanese-Israeli border;
4. Condemns Israel for its non-compliance with resolutions
508(1982) and 509(1982);
5. Demands that Israel comply with all the above
provisions no later than 0600 hours (Beirut time) on Sunday,
27 June 1982;
6. Calls upon the Security Council to authorize the
Secretary-General to undertake necessary endeavours and
practical steps to implement the provisions of resolutions
508(1982), 509(1982) and 5 12(1982);
7. Urges the Security Council, in the event of continued
failure by Israel to comply with the demands contained in
resolutions 508(1982) and 509(1982), to meet in order to
consider practical ways and means in accordance with the
Charter of the United Nations;
8. Calls upon all States and international agencies and
organizations to continue to provide the most extensive
humanitarian aid possible to the victims of the Israeli invasion
of Lebanon;
9. Requests the Secretary-General to delegate a high-level
commission to investigate and assess the extent of loss of
human life and material damage and to report, as soon as
possible, on the result of this investigation to the General
Assembly and the Security Council;
10. Decides to adjourn the seventh emergency special
session temporarily and to authorize the President of the latest
regular session of the United Nations to resume its meetings
upon request from the Member States.
Recorded voted in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Argentina,
Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados,
Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil,
Israeli War Crimes Committed in Lebanon in 1978 and 1982 807
Bulgaria, Burma, Burundi, Byelorussian SSR, Canada, Cape
Verde, Chile, China, Colombia, Congo, Costa Rica, Cuba,
Cyprus, Czechoslovakia, Democratic Kampuchea,
Democratic Yemen, Denmark, Djibouti, Ecuador, Egypt, Fiji,
Finland. France, Gabon, Gambia, German Democratic
Republic, Germany, Federal Republic of Ghana. Greece,
Guniea-Bissau, Guyana, Hungary, Iceland, India, Indonesia,
Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya,
Kuwait, Lao People's Democratic Republic, Lebanon,
Lesotho, Liberia, Libyan Arab Jamahiriya, Luxembourg,
Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania,
Mauritius, Mexico, Mongolia, Morocco, Mozambique,
Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway.
Oman, Pakistan, Panama, Paraguay, Peru, Philippines,
Poland, Portugal, Qatar, Romania. Sao Tome and Principe,
Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore,
Somalia, Spain, Sri Lanka. Sudan, Suriname, Sweden, Syrian
Arab Republic, Thailand, Togo, Trinidad and Tobago,
Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United
Arab Emirates, United Kingdom, United Republic of
Cameroon, United Republic of Tanzania, Upper Volta,
Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire,
Zambia.
Against: Israel, United States. (191)
General Assembly resolution ES-719
24 September 1982.
QUESTION OF PALESTINE
The General Assembly,
Having considered the question of Palestine at its resumed
seventh emergency special session,
Having heard the statement of the Palestine Liberation
Organization, the representative of the Palestinian people,
Recalling and reaffirming, in particular, its resolution
194(111) of 11 December 1948,
Appalled at the massacre of Palestinian civilians in Beirut,
Recalling Security Council resolutions 508(1982) of 5
June 1982, 509(1982) of 6 June 1982, 513(1982) of 4 July
1982,520(1982) of 17 September 1982 and 521(1982) of 19
September 1982,
Taking note of the reports of the Secretary-General
relevant to the situation, particularly his report of 18 September
1982,
Noting with regret that the Security Council has so far not
taken effective and practical measures, in accordance with the
Charter of the United Nations, to ensure implementation of
its resolutions 508(1982) and 509(1982),
Referring to the humanitarian principles of the Geneva
Convention relative to the Protection of Civilian Persons in
Time of War, of 12 August 1949, and to the obligations
arising from the regulations annexed to the Hague Conventions
of 1907.
Deeply concerned at the suffering of the Palestinian and
Lebanese civilian populations,
Noting the homelessness of the Palestinian people,
Reaffirming the imperative need to permit the Palestinian
people to exercise their legitimate rights,
1. Condemns the criminal massacre of Palestinian and
other civilians in Beirut on 17 September 1982;
2. Urges the Security Council to investigate, through the
means available to it, the circumstances and extent of the
massacre of Palestinian and other civilians in Beirut on 17
September 1982, and to make public the report on its findings
as soon as possible;
3. Decides to support fully the provisions of Security
Council resolutions 508(1982) and 509(1982), in which the
Council, inter alia, demanded that:
(a) Israel withdraw all its military forces forthwith and
unconditionally to the internationally recognized boundaries
of Lebanon;
(b) All parties to the conflict cease immediately and simultaneously
all military activities within Lebanon andacross the
Lebanese-Israeli border;
4. Demands that all Member States and other parties
observe strict respect for the sovereignty, territorial integrity,
unity and political independence of Lebanon within its internationally
recognized boundaries;
5. Reaffirms the fundamental principle of the inadmissibility
of the acquisition of territory by force;
6 . Resolves that, in conformity with its resolution
194(111) and subsequent relevant resolutions, the Palestinian
refugees should be enabled to return to their homes and
property from which they have been uprooted and displaced,
and demands that Israel comply unconditionally and immediately
with the present resolution;
7. Urges the Security Council, in the event of continued
failure by Israel to comply with the demands contained in
resolutions 508(1982) and 509(1982) and the present resolution,
to meet in order to consider practical ways and means in
accordance with the Charter of the United Nations;
8. Calls upon all States and international agencies and
organizations to continue to provide the most extensive
humanitarian aid possible to the victims of the Israeli invasion
of Lebanon;
9. Requests the Secretary-General to prepare a
photographic exhibit of the massacre of 17 September 1982
and to display it in the United Nations visitors' Hall;
10. Decides to adjourn the seventh emergency special
session temporarily and to authorize the President of the latest
regular session of the General Assembly to resume its meetings
upon request from Member States.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Argentina,
Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados,
Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil,
Bulgaria, Burma, Burundi, Byelorussian SSR, Canada, Cape
Verde, Chad, Chile, China, Colombia, Comoros Congo.
Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic
Kampuchea, Democratic Yemen, Denmark, Djibouti,
Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia,
Fiji, Finland, France, Gabon, Gambia, German Democratic
Republic, Germany, Federal Republic of, Ghana, Greece,
Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti,
Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq,
Ireland, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kenya,
Kuwait, Lao People's Democratic Republic, Lebanon,
Lesotho, Liberia, Libyan Arab Jamahiriya, Luxembourg,
Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania,
Mauritius, Mexico, Mongolia, Morocco. Mozambique,
Nepal, Netherlands, New Zealand, Nicaragua. Niger, Nigeria,
Norway, Oman, Pakistan, Panama, Papua New Guinea,
Paraguay, Peru, Philippines, Poland, Portugal, Qatar,
Romania, Rwanda, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles. Sierra Leone, Singapore,
Solomon Islands, Somalia, Spain, Sri Lanka, Sudan,
Suriname, Swaziland, Sweden, Syrian Arab Republic,
Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,
Uganda, Ukrainian SSR, USSR, United Arab Emirates,
United Kingdom, United Republic of Cameroon, United
Republic of Tanzania, Upper Volta, Uruguay, Vanuatu,
Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia,
Zimbabwe.
Against: Israel, United States. (192)
General Assembly Resolution 37/134, 17 December 1982.
RESOLUTION 37/134. ASSISTANCE TO THE PALESTINIAN PEOPLE
The General Assembly,
Recalling its resolution ES-715 of 26 June 1982,
Recalling also Security Council resolution 512(1982) of
19 June 1982,
Recalling further Economic and Social Council resolution
1982/48 of 27 July 1982,
Expressing its deep alarm at the Israeli. invasion of
Lebanon, which claimed the lives of a very large number of
civilian Palestinians,
Horrified by the Sabra and Shatila massacre,
Noting with deep concern the dire need of the Palestinian
victims of the Israeli invasion for urgent humanitarian assistance,
Noting the need to provide economic and social assistance
to the Palestinian people,
1 . Condemns Israel for its invasion of Lebanon, which
inflicted severe damage on civilian Palestinians, including
heavy loss of human life, intolerable suffering and massive
material destruction;
2. Endorses Economic and Social Council resolution
1982/48;
3. Calls upon Governments and relevant United Nations
bodies to provide humanitarian assistance to the Palestinian
victims of the Israeli invasion of Lebanon;
4. Requests the relevant programmes, agencies, organs
and organizations of the United Nations system to intensify
their efforts, in cooperation with the Palestine Liberation
Organization, to provide economic and social assistance to
the Palestinian people;
5. Also requests that United Nations assistance to the
Palestinians in the Arab host countries should be rendered in
cooperation with the Palestine Liberation Organization and
with the consent of the Arab host Government concerned;
6. Requests the Secretary-General to report to the General
Assembly at its thirty-eighth session, through the Economic
and Social Council, on the progress made in the implementation
of the present resolution.
109th plenary meeting, 17 December 1982 (193)
General Assembly resolution 37/123 D
16 December 1982.
The General Assembly,
Recalling its resolution 95(1) of 11 December 1946, in
which it, inter alia affirmed that genocide is a crime under
international law which the civilized world condemns, and for
the commission of which principals and accomplices -
whether private individuals, public officials or statesmen, and
whether the crime is committed on religious, racial, political
or any other grounds - are punishable,
Referring to the provisions of the Convention on the
Prevention and Punishment of the Crime of Genocide,
adopted by the General Assembly on 9 December 1948,
Recalling the relevant provisions of the Geneva Convention
relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949,
Appalled at the large-scale massacre of Palestinian
civilians in the Sabra and Shatila refugee camps situated at
Beirut.
Recognizing the universal outrage and condemnation of
that massacre,
Recalling its resolution ES-7/9 of 24 September 1982,
1 . Condemns in the strongest terms the large-scale massacre
of Palestinian civilians in the Sabra and Shatila refugee
camps;
2. Resolves that the massacre was an act of genocide.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Argentina,
Austria, Bahamas, Bahrain, Bangladesh, Belize, Benin,
Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Burma, Burundi,
Byelorussian SSR, Cape Verde, Central African Republic,
Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica,
Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea,
Democratic Yemen, Djibouti, Ecuador, Egypt, El Salvador,
Ethiopia, Fiji, Finland, Gabon, Gambia, German Democratic
Republic, Ghana, Greece, Grenada, Guatemala, Guinea,
Guinea-Bissau, Guyana, Honduras, Hungary, India, Indonesia,
Iran, Iraq, Jamaica, Japan, Jordan, Kenya, Kuwait,
Lao People's Democratic Republic, Lebanon, Lesotho,
Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi,
Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius,
Mexico, Mongolia, Morocco, Mozambique, Nepal,
Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama,
Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda,
Saint Lucia, Samoa, Sao Tome and Principe, Saudi
Arabia, Senegal, Seychelles, Sierra Leone, Singapore,
Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland,
Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago,
Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United
Arab Emirates, United Republic of Cameroon, United
Republic of Tanzania, Upper Volta, Uruguay, Vanuatu,
Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia.
Against: None.
Abstaining: Australia, Barbados, Belgium, Canada, Denmark,
Dominican Republic, France, Germany, Federal
Republic of, Iceland, Ireland, Israel, Italy, Ivory Coast,
Luxembourg, Netherlands, New Zealand, Norway, Papua
New Guinea, Portugal, Sweden, United Kingdom, United
States. (194)
AN INTERNATIONAL COMMISSION OF JURISTS CONDEMNS ISRAEL FOR WAR CRIMES AND CRIMES AGAINST HUMANITY COMMITTED IN LEBANON
A Commission of distinguished international jurists held sessions in London from August 28 to November 29,1982 to investigate the Israeli war of aggression in Lebanon. They heard many witnesses and representatives of organizations in Lebanon, Jerusalem, the West Bank, Amman, London, Oslo, Damascus and Cyprus. The Commission was composed of the following distinguished jurists: (195)
Chairman:
Sean MacBride, SC
President, International Peace Bureau, Geneva
Member of International Commission of Jurists
former Minister for External Affairs, Ireland
former Assistant Secretary-General, United Nations
former UN Commissioner for Namibia
Nobel Peace Prize, 1974
Lenin International Prize for Peace,
1977
America Medal for Justice,
1978
Dag Hammarskjold Award, 1980
Commission:
Richard Falk
Albert G. Milbank
Professor of International Law
and Practice, Princeton University and
Vice-chairman of the International Commission
Kader Asmal
Senior Lecturer in Law and
Dean of the Faculty of Arts (Humanities),
Trinity College, Dublin
Brian Bercusson
Lecturer in Laws
Queen Mary College, University of London
Geraud de la Pradelle
Professor of Private Law
University of Paris
Stefan Wild
Professor of Semitic Languages and
Islamic Studies, University of Bonn
The terms of reference of the Commission, as agreed at its
constituting session in London on 28 August, 1982, are to
answer, among others, the following questions, which seem
to be the principal questions arising from the invasion of the
Lebanon by Israel:
1. Has the Government of Israel committed acts of aggression
contrary to international law?
2. Have the Israeli armed forces made use of weapons or
methods of warfare forbidden by international law, including
the laws of war?
3. Have Palestinian and Lebanese, or other, prisoners
been subjected to treatment forbidden by international law,
including inhuman or degrading treatment? Has there been a
violation of international law arising out of the classification
of or denial of status to Palestinian prisoners or detainees?
4. Has there been deliberate or indiscriminate orreckless
bombardment of a civilian character, for example: hospitals,
schools, or other non-military targets?
5. Has there been systematic bombardment or other
destruction of towns, cities, villages or refugee camps?
6. Have the acts of the Israeli armed forces caused the
dispersal, deportation, or ill-treatment of populations, in
violation of international law?
7. Has the Government of Israel valid reasons under
international law for its invasion of the Lebanon, for the
manner in which it conducted hostilities, or for its actions as
an occupying force?
8. To what extent, if any, were the Israeli authorities or
forces involved, directly or indirectly, in the massacres or
other killings that were reported to have been carried out by
Lebanese militia men in the refugee camps of Sabra and
Chatila in the Beirut area between the dates of 16 and 18
September? (196)
CONCLUSIONS
The principal and essential judgementsof the Commission
are concerned and connected with the eight questions which
constituted the Terms of Reference of the Commission. In
addition, evidence presented to the Commission has led it to
formulate additional conclusions. The general conclusions
are first related to the eight questions, with the additional
conclusions following:
1. Has the Government of Israel committed acts of aggression
contrary to international law?
The Commission considers that Israel has been guilty of
aggression against the sovereignty of Lebanon and the rights
of the Palestinian people. Such aggression has taken place
contrary to the provisions of the Charter of the UN and other
fundamental principles of international law. Such a violation
of international law has been described by the principle legal
body of the UN, the International Law Commission, as a
crime under international law, since the wrongful act results
from a breach of an international obligation 'essential for the
protection of the fundamental interests of the international
community as a whole.'
The Commission considers that Israel is also in breach of
the international obligation to safeguard the right of selfdetermination
of thePalestinian people and of the rules of law
prohibiting the establishment or maintenance by force of
colonial domination. The Commission is convinced that until
Israel recognises the legitimate rights of the Palestinians,
including the right of self-determination, there can be no
lasting peace in the Middle East or an end to the Arab-Israeli
conflict. These crimes of State give rise to criminal liability
as far as the State of Israel is concerned. The Commission
wishes to draw attention to the legal and political responsibility
of other states, international bodies and public and
private organisations which assist in the commission of
various crimes, but especially the crime of aggression.
Israel has persistently violated the principles of thecharter
of the United Nations and has systematically refused to agree
to accept and carry out the decisions of the Security Council"
in accordance with Article 25 of the Charter. Decisions of the
Security Council are not limited to the provisions of Chapter
VII of the Charter where the Security Council determines that
there is a "threat to the peace, breach of the peace or act of
aggression." Such a determination by the Security Council
has not been made because of the use or threat of the use of
the veto by the United States. However, Israel is obliged to
carry out the decisions of the Security Council which fall
within the competence of the appropriate organ of the United
Nations.
The refusal by Israel to withdraw from Lebanon, to lift the
blockade of Beirut and to allow free movement to UN observers
as requested by the United Nations, especially as these
illegal activities were taking place in the territory of another
sovereign state, Lebanon, are serious attacks on the integrity
of the United Nations.
Israel, in addition, has systematically refused to settle its
disputes peacefully, contrary to the international obligations
undertaken under Article 2(3) of the Charter of the United
Nations.
The Commission draws the attention of States to the
important legal duty not to recognise in any way the consequence
of Israel's illegal action in the Lebanon, especially as
they may relate to the continued illegal occupation of
Lebanese territory.
As the commission of an intentionally wrongful act entails
a State's international responsibility, Israel is under obligation
to make reparation for the consequences of its wrongful
actions. The International Law Commission has described
this proposition of law as "one of the principles most deeply
rooted in the doctrine of international law." Reparation or
compensation is an indispensable complement of a failure to
respect rules of law. Israel therefore owes a duty of reparation
to the State of Lebanon for the physical destruction, loss of
lives and general damage caused. In addition it is obliged to
compensate the Palestinian people for the direct and indirect
consequences of the war of aggression.
2. Have the Israeli armed forces made use of weapons or
methods of warfare forbidden by international law, including
the laws of war?
The Commission concludes that the use made of fragmentation
and incendiary weapons by the Israeli armed forces
violated the international legal principles of proportionality
and discrimination. Acts of violence were directed against
refugee camps, hospitals, schools, cultural, religious and
charitable institutions, commercial and industrial premises,
Lebanese Government and PLO offices, diplomatic premises
and urban areas generally, which were not justified by the
principle of military necessity. The damage and destruction
to civilian objects and the casualties among the civilian
population were, in the Commission's view, the consequence
of violations by the Israeli forces of the legal principles
governing the conduct and method of war.
3. Have Palestinian and Lebanese, or other, prisoners
been subjected to treatment forbidden by international law,
including inhuman or degrading treatment? Has there been a
violation of international law arising out of the classification
or denial of status to Palestinian prisoners or detainees?
The Commission concludes that Israel violated international
rules dealing with prisoners, both civilians and fighters,
particularly by denying Palestinian and Lebanese fighters
prisoner-of-war status, as provided under GenevaConvention
II1 of 1949 and the Additional Protocol I of 1977, and by
subjecting these prisoners to unlawful treatment which included
degrading treatment and brutality, on occasion leading
to death, during arrest and transportation. Forbidden interrogation
of detainees, both of prisoners-of-war and civilians,
was often conducted with violence and sometimes torture,
contrary to the Geneva Conventions, Detainees were intentionally
deprived of medical care in camps both in Israel and
at Al Ansar in Lebanon and have been kept in degrading
conditions, all of which are contrary to the Conventions and
the Protocol.
4. Has there been deliberate or indiscriminate or reckless
bombardment of civilian targets, for example: hospitals,
schools or other non-military objectives?
The Commission concludes that the bombardment by the
Israeli forces displayed at best a disregard for civilian objects
such as hospitals, schools and dwellings; that on many occasions,
the Israeli forces were careless in their bombardment
of any distinction between military and civilian targets; and
that at least some of the damage and destruction wrought was
a consequence of deliberate and intentional bombardment of
objects which could only have been perceived as civilian in
nature. There were, therefore, clear violations of the laws of
war.
5. Has there been systematic bombardment or other
destruction of towns, cities, villages or refugee camps?
The Commission's view is that the attacks and the bombardment
by the Israeli forces of centres of population were,
in many cases, disproportionate in their effects on civilian
objects and population relative to any military advantage
gained. The Commission concludes that there were violations
of the principle of proportionality and acts of violence contrary
to the lawsof war. The responsibility forthese violations
lies upon those commanders of the Israeli forces and their
political superiors who planned and decided upon attacks
which could be expected to and did cause civilian casualties
and damage and destruction to civilian objects excessive in
relation to the military advantage, if any, anticipated.
6. Have the acts of the Israeli armed forces caused the
dispersal, deportation, or ill-treatment of populations, in
violation of international law?
The Commission concludes that one of the principal aims
of the invasion of Lebanon was to ensure the dispersal of the
Palestinian population which was pursued through the
destruction of the refugee camps and the massacres at Sabra
and Chatila. The terror bombing of civilian areas, especially
in Beirut, was partly motivated by a desire to ensure the
dispersal of the population. As for the ill-treatment of the
population, the practice of the forcible assembly of the
population on the beaches at Tyre and Sidon resulted in the
deprivation of food, water and medical attention for days and
exposures in the sun. Thousands of persons, especially males
between 14 and 60 were systematically detained, many of
whom were deported to Israel to be imprisoned. These pracIsraeli
War Crimes Committed in Lebanon in 1978 and 1982 81 1
tices are in serious breach of the Geneva Conventions and
Protocol I.
7. Has the Government of Israel valid reasons under
intemational law for its invasion of Lebanon, for the manner
in which it conducted hostilities, or for its actions as an
occupying force?
The Commission considers that the invasion of Lebanon
by Israel is one of the most serious breaches of the international
legal order in recent years. It has been attended by
violence, death and destruction of enormous proportions and
the gruesome massacres of September that followed the invasion
are the direct consequence of the invasion. The invasion
has no validity in international law as Israel did not
have any grounds to rely on the provision of the Charter of
the United Nations concerning self-defence, while the means
used to effect the invasion totally lacked proportionality. The
cease-fire of July 1981 had been observed scrupulously. The
objective of the war, therefore, was to achieve certain political
and strategic aims at a high cost, which included breaches of
some of the most fundamental rules of international law.
As for the Israeli justification for the conduct of hostilities,
the principle of military necessity cannot excuse the massive
destruction of buildings and the number of civilian casualties
which resulted from Israeli operations. As for its actions as
an occupying power, Israel's need for security does not justify
its violation of the territorial sovereignty of Lebanon or its
ill-treatment of the civilian population and protected persons
such as prisoners-of-war.
8. To what extent, if any, were the Israeli authorities or
forces involved, directly or indirectly, in the massacres or
other killings that were reported to have been carried out by
the Lebanese militiamen in the refugee camps of Sabra and
Chatila in the Beirut area between the dates of 16 and 18
September?
The Commission concludes that the Israeli authorities
bear a heavy legal responsibility, as the occupying power, for
the massacres at Sabra and Chatila. From the evidence disclosed,
Israel was involved in the planning and the preparation
of the massacres and played a facilitative role in the actual
killings.
The Commission draws attention to the fact that unlike
crimes of State, such as the crime of aggression, where only
the State is liable,crimes against peace, war crimes and crimes
against humanity, as identified in paragraphs 1-8 above, invite
individual responsibility, with an obligation on States to
punish individuals or organisations in accordance with the
rules of their internal law.
The Nuremberg Principles, which are now part of customary
international law, identified 'leaders, organisations,
instigators and accomplices, participating in the formulation
or execution of acommon plan or conspiracy to commit' these
crimes, as responsible for all acts performed by any person
in execution of such a plan.
Under the Geneva Conventions of 1949, as supplemented
by Protocol I of 1977, States party to the Conventions are
obliged to prosecute individuals, regardless of nationality, for
serious breaches of specific provisions of the Conventions.
The Commission, having considered the evidence and the
relevant rules of law, concludes, in relation to the questions
posed in its terms of reference, that:
1. The Government of Israel has committed acts of aggression
contrary to international law.
2. The Israeli armed forces have made use of weapons or
methods of warfare forbidden by international law, including
the laws of war.
3. Palestinian, Lebanese and prisoners of other
nationalities have been subjected to treatment forbidden by
international law, including inhuman and degrading treatment.
In addition, there has been a violation of international
law arising out of a denial of prisoner-of-war status to Palestinian
prisoners or detainees.
4. There has been deliberate or indiscriminate or reckless
bombardment of a civilian character, of hospitals, schools and
other non-military targets.
5. There has been systematic bombardment and other
destruction of towns, cities, villages and refugee camps.
6. The acts of the Israeli armed forces have caused the
dispersal, deportation and ill-treatment of populations, in
violation of intemational law.
7. The Government of Israel has no valid reasons under
international law for its invasion of the Lebanon, for the
manner in which it conducted hostilities or for its actions as
an occupying force.
8. Israeli authorities or forces were involved, directly or
indirectly in the massacres and other killings that have been
reported to have been carried out by Lebanese militiamen in
the refugee camps of Sabra and Chatila in the Beirut area
between 16 and 18 September. (197)
ANOTHER INDEPENDENT INTERNATIONAL COMMISSION OF INQUIRY ARRIVES AT THE SAME CONCLUSIONS
Another independent International Commission of Inquiry was set up by the initiative of John Plaits-Mills, Barrister at Law of London. His initiative was supported by the Government of the Republic of Cyprus. The Commission's objective was to collect, elucidate and evaluate facts and events regarding the Israeli crimes against the Lebanese and the Palestinian people.
It was composed of the following distinguished world figures and jurists: (198)
MEMBERS OF THE COMMISSION
I. Presidential committee of the Commission
Mr. John Platts-Mills Barrister; Queens's Counsellor; (United Kingdom)
Mrs. Dorothy Crowfoot- Hodgkin Scientist; Nobel Prize Laureate (United Kingdom)
Mr. D. A. Desai Justice of the Supreme Court, (India)
Mr. Lars Carlzon Bishop of Stockholm, (Sweden)
Mr. Mikis Theodorakis Member of Parliament; Composer (Greece)
Mr. Boubcar Seck Member of Parliament; (Senegal)
Marshal Francisco da Costa Gomes Former President of the Republic of Portugal (Portugal)
Mrs. Pirkko Tyolajarvi Vice-Chairman of the Social Democratic Party, (Finland)
II. Secretary General of the Commission
Mr. John Platts-Mills Barrister; Queen's Counsellor; (United Kingdom)
III. Members of the Secretariat
Mrs. Paulette Pierson-Mathy Professor of International Law (Belgium)
Mr. Alexander Berkov Doctor of Constitutional Law; (USSR)
Dr. Gerhard Stuby Professor of Law (FRG)
IV. Members of the Commission Dr. John Takman Physician (Sweden)
Prof. Vladimir Kudriavtsev Director, Institute of State and Law of the Academy of Sciences (USSR)
Dr. Gerald Home Professor of Law (USA)
Mr. Jaya Pathirana Former Judge of the Supreme Court (Sri Lanka)
Mrs. Monique Chemillier-Gendreau Professor of International Law (France)
Mr. Evangelos Maheras President of the Lawyers Association (Greece)
Dr. Florence Hetzler Professor of Philosophy (USA)
Dr. Miguel d'Estefano Pisani Professor of International Law (Cuba)
Dr. Willi Sommerfeld Doctor of International Law (GDR)
Mr. Jules Borker Lawyer (France)
Mr. Slavtcho Transki Member of Parliament; One of the leaders of the resistance against Fascism during World War II; (Bulgaria)
Mr. Ervin Reti Expert on Middle East Affairs, (Hungary)
Mr. Ernie Ross (Observer) Member of Parliament; (United Kingdom)
FINDINGS AND CONCLUSIONS
On June 6, 1982, the regular Israeli troops invaded
Lebanon and committed aggression against the Palestinian
and Lebanese people. The goal of this invasion was to liquidate
the ~alestineiiberation Organisation 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 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.
The International Commission of Inquiry into the Israeli
Crimes against the Lebanese and Palestinian Peoples met in
Nicosia, Cyprus, on the 15th and 16 August, 1982. The
Commission met at a time when events of an exceptional
gravity which violate all rules of international law such as to
upset the human conscience are taking place in Lebanon due
to the war of aggression and extermination made by Israel
against the Palestinian and Lebanese peoples.
The Commission is an independent body responsible for
its own activities and decisions. Its members took part in the
Commission as individuals, not as representatives of organisations
or states. The functions of the Commission are to
collect, hear and evaluate evidence of facts and events within
the scope of the inquiry for which it is constituted and come
to the conclusion on the evidence.
The Commission was much impressed with the quality,
truth and integrity of the witnesses who gave evidence before
it and of the authenticity and genuineness of the documents
produced before it. In reaching its conclusions and findings,
the Commission made it a point to be satisfied beyond doubt
before doing so.
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 (Belgium), Mikis Theodorakis
(Greece) and Hans Goran Franck (Sweden), 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.
The most detailed account of the effects of the invasion in
South Lebanon came from the doctors and social helpers who
had worked in Nabatiyeh, Sidon and the refugee camp of Ain
El-Helweh.
These described the terrible conditions of the Palestinian
and Lebanese peoples, who fled when their homes were
largely destroyed only to be further bombed in the refuges
they had taken.
The doctors also gave the effects of different kinds of
bombs, particularly cluster bombs and phosphorous bombs,
on men, women and children, and the total destruction of the
livelihood of people already living near the edge of existence.
Dr. Christos Giannou (Canada) and Mr. Oyvind Moller (Norway)
also described their arrest, together with that of Dr.
Steiner Berge (Norway) by the Israeli forces and their detention
in Sidon and Megido. Though they were not themselves
physically assaulted, they witnessed the inhuman treatment
of prisoners - Palestinian, Lebanese and other nationalities -
bound after blindfolded, forced to sit all day in the sun on
tarmac surface, given very little food and water, frequently
beaten. Several prisoners diedduring the four days they spent
in detention in Sidon. Dr. Franklin Lamb (USA) gave
evidence of the use of cluster bombs, phosphorous bombs
made in USA, against civilian population.
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.
Many slides were also shown of the terrible wounds inflicted
by phosphorous bombs and cluster bombs; the doctors
described the difficulties of treating the wounds. Burning
phosphorous is hard to extinguish, it penetrates deeply and
continues burning until the flesh is charred and destroyed.
It was clear that the large majority of wounded and dead
were civilians; it was a feature of the destruction that there
were more dead than wounded. Slides showed also the difficulties
of living in a city arbitrarily deprived at intervals of
food and water and electricity; long queues for water, children
filling vessels at polluted pools.
From Israel itself came reports of growing development
of opposition to the war; a majority of the people at present
support it. News on television and in the press in Israel does
not show the character of the war or the effect of the bombs
as it is revealed in other countries. Only slowly is information
being brought by returning soldiers.
There is a considerable number of international legal acts
applicable to the crimes Israel has committed in Lebanon —
the Saint Petersburg Declaration of 1868, the Hague Convention
of 1907 on the rules of the land war, the Charter of the
International Military Tribunal of 1945 in Nuremburg, the
Convention on the prevention of the crime of genocide and
on its punishment of 1948, the Geneva Convention of 1949
and the First Supplementary Protocol of 1977, the Definition
of Aggression of 1974 and many other international legal acts.
Israel violates the ban on resorting to force in international
affairs proclaimed as far back as 1928 in the Briand-Kellogg
Pact.
The State of Israel and its Zionist rulers are accused of the
following criminal actions:
I - Crimes against Peace;
II - Crimes against Humanity;
III - War Crimes, and
IV - Actions aimed at denying the right of self determination
to the Palestinian people.
By Issa Nakhleh Return to Table of Contents |