1982 Lebanon War - Investigation Into Violation of International Law

Investigation Into Violation of International Law

See also: Sabra and Shatila massacre, section MacBride commission report

On 16 December 1982, the United Nations General Assembly condemned the massacre and declared it to be an act of genocide. The voting record on section D of Resolution 37/123, which "resolves that the massacre was an act of genocide", was: yes: 123; no: 0; abstentions: 22; non-voting: 12. The abstentions were: Belgium, Denmark, France, Germany (Federal Republic), Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Sweden, United Kingdom, U.S., Canada, Australia, New Zealand, Israel, Côte d'Ivoire, Papua New Guinea, Barbados and Dominican Republic. Some delegates disputed the claim that the massacre constituted genocide.

In 1982, an international commission investigated into reported violations of International Law by Israel during its invasion of the Lebanon. Chairman was Seán MacBride, the other members were Richard Falk, Kader Asmal, Brian Bercusson, Géraud de la Pradelle, and Stefan Wild. The commission's report concluded that "the government of Israel has committed acts of aggression contrary to international law", that the government of Israel had no valid reasons under international law for its invasion of Lebanon, and that the Israeli authorities or forces were directly or indirectly responsible for the massacres and killings, which have been reported to have been carried out by Lebanese militiamen in the refugee camps of Sabra and Shatila in the Beirut area between 16 and 18 September.

Following a four-month investigation, on 8 February 1983, the Kahan Commission submitted its report, which was released to the public by spokesman Bezalel Gordon simultaneously in Hebrew and English. It concluded that direct responsibility rested with the Gemayel Phalangists led by Fadi Frem, and that no Israelis were deemed directly responsible, although Israel was held to be indirectly responsible:

The decision on the entry of the Phalangists into the refugee camps was taken without consideration of the danger - which the makers and executors of the decision were obligated to foresee as probable - the Phalangists would commit massacres and pogroms against the inhabitants of the camps, and without an examination of the means for preventing this danger.

Similarly, it is clear from the course of events that when the reports began to arrive about the actions of the Phalangists in the camps, no proper heed was taken of these reports, the correct conclusions were not drawn from them, and no energetic and immediate action were taken to restrain the Phalangists and put a stop to their actions.