Israel in Lebanon
The Report of the International
Commission to enquire into reported
violations of International Law by
Israel during its invasion of the Lebanon
1. The Commission recommends the immediate withdrawal of all foreign armed forces present in Lebanon without the consent of the Government of Lebanon and recommends the replacement of the United States/France/Italy multilateral force by an adequate security arrangement under United Nations auspices.
2. The Commission recommends that all refugee camps in Lebanon be protected in the future by adequate United Nations forces. The Commission considers that the international community through the United Nations should urgently examine what further measures are necessary to ensure the better protection of refugees, especially those who are victims of armed conflicts, by such means as the clarification and elaboration of principles of refugee law. The recognition of the special status of refugee camps will provide greater protection, as would the wider acceptance of the basic principles for the protection of civilian populations in armed conflicts as laid down by General Assembly resolution 2675 of 9 December 1970.
3. The Commission recommends, in the spirit of the Geneva Conventions and Protocols, that adequate steps be taken to implement the solemn obligation of States to uphold the law of war in all its aspects. In pursuit of this end, given the grave breaches of the laws of war committed by Israel during the Lebanon War, it is recommended that the Secretary-General of the United Nations appoint a special expert body to advise on the best steps to improve compliance with the existing law of war by all States.
4. The Commission recommends that all Parties to the Geneva Conventions carry out their legal obligation to prosecute individuals guilty of grave breaches of the laws of war. Such obligations seem particularly relevant to the apprehension of Israeli and Lebanese political and military leaders and participants involved in the massacres at Chatila and Sabra. The Geneva Conventions require the Parties to use their national courts to carry out this responsibility and the Commission recommends that this requirement be honoured in the present instance.
5. The Commission recommends that the Government of Israel make reparation for all damage done in Lebanon by violation of international law. This obligation includes a duty to compensate victims and the survivors.
6. The Commission recommends the payment by Israel of a full indemnity to the Government of Lebanon in respect of the damage inflicted on Lebanese property arising from and incidental to the invasion and occupation of Lebanese territory by Israeli forces. In default of agreement as to the amount payable to the Government of Lebanon, the matter should be submitted to international arbitration.
7. The Commission recommends that Israel should pay to the International Committee of the Red Cross and other voluntary bodies compensation adequate to reimburse such voluntary organisations for the cost of supplies and services provided by them arising from the Israeli invasion and occupation of the Lebanon. In default of an agreement, the amount in each case should be determined by an assessor appointed by the Secretary-General of the United Nations.
8. The Commission recommends that the United Nations set up a special international tribunal to investigate and prosecute individuals charged with crimes of state, especially in connection with the Chatila and Sabra massacres. Such prosecutions should be carried by due legal process and with fairness to the accused.
9. The Commission recommends that a competent international body be designated or established to clarify the conception of genocide in relation to Israeli policies and practices toward the Palestinian people.
10. The Commission proposes the suspension of all financial support and of all supplies, direct or indirect, to Israel of any arms or other military equipment (including aircraft, tanks, ammunition, bulldozers etc.) by any member state of the United Nations until the Government ofIsrael accepts and complies with such of the Commission’s recommendations as are applicable to Israel.
A. K. Asmal
R. A. Falk
G. de la Pradelle