"Israel's" international responsibility towards its continued aggression on Lebanon

Issue Number 39 - January 2002

"Israel's" international responsibility towards its continued aggression on Lebanon
Prepared By: Dr. Kamal Hammad
A Iecturer of Public International Law at the Lebanese University.

The progression of Public International Law, through its various development stages led to an array of international legal commitments that made it incumbent upon the personnel of Public International Law specially nations- to abide by its rulings in pursuance of the progress of good relations amongst each other, and to achieve the mutual common interest on the basises of peace, security and respect.

In the reality of the International scene, we witness from time to time, the boldness of some nations regardless of their intentions in doing so- in violating those commitments and disregarding its legal requirements. It is however firmly established legally and doctrinally, that whom so ever breaches the General International Law and its commitments, is held Internationally responsible in restoring all losses and damages resulting from that breach.

In this sense, the responsibitity has become an international one, guaranteeing the rights of the personnel of General International Law, in respect of the already established legal rights and by protecting these rights in case any dispute may occur.

In this respect, we can say that the venturing of "Israel" on a continuous aggression on the state of Lebanon since 1948, with Lebanon being an independent sovereign state enjoying membership in a variety of International and regional organizations, and what has resulted out of this aggression by way of occupying a vast area of Lebanese soil, as well as what the "Israeli" authority has committed through dangerous violations towards the civilian residents and the situation of matters in the occupied Lebanese territory. All that represent, without the least of doubt a clear and direct violation of the provisions of the Public International Law, in connection with the usage of armed force in international relations and the respect of international human rights, specially human rights on the occupied Lebanese territory. This entails on "Israel" the international responsibility regarding all losses and damages resulting from that violation^([1]), not forgetting other responsibilities that the International Law stipulates against all countries that violate its provisions.

 

Stages of the "Israeli" agression

1948 was not just a new date affecting the Palestinian issue, it also formed the beginning of a new struggle with respect to Lebanon. For in that year many cities were destroyed, and the Zionist gangs annihilated and evicted hundreds and thousands of Palestinian civilians outside the borders, all that in order to establish the state of "Israel". In that year those gangs also occupied a part of south Lebanon that reached the Litani River after committing massacres against the Lebanese villagers of Hula, with deaths excceding 70 And since 1948 the "Israeli" aggressions on Lebanon commenced and are still rising and continuing until this present day.

Based on the truce agreement of 1948^([2]) between Lebanon and "Israel", a new demarcation of the borders transpired, in accordance with it "Israel" retained vast areas of Lebanese soil in villages like; Yaroun, Rmeish, Aitaroun, Bleeda, Mais AlJabal, Houla, Edieseh, Kfarkila and many others. As a result of this new planning "lsrael's" borders advanced towards the Litani waterway, as a result distances do not exceed two kilometers at the nearest points. "Israel" also controlled most of the heights that overlook the depth of the South and dominated with the same effect the road between Marjayoun and Bint Jbeil. Before the Israeli aggression of 1967 the south of Lebanon suffered the largest share from the series of the "Israeli" aggressions.

Lebanon did not escape the destructive aftermath of the Six-Day War of 1967, even when it did not interfere or participate in it. Instead, Israel made it the main center of its air assaults on Syria, by violating the sanctity and sovereignty of its land, and subsequently the principles of international law and the conventions of the United Nations.

The price that Lebanon paid as a result of the "Israeli" aggression of 1967 was exorbitant, such as the following:

a) tens killed and hundreds wounded;

b) displacement of tens of thousands of Lebanese from the front  villages, especially from the village of Shibaa;

c) Seizure of eleven farms on the outskirts of Shibaa;

d) Seizure of vast areas of Jabal Al-Sheikh, especially its west highlands Al-Nikar, Al-Shuhel, Jourat Al-Oliek and Al-Sawaki

e) Changing the demarcations of the borders between Lebanon and "Israel" by pushing the barbed wires into the depth of Lebanese territory.

f) In 31-12-1968 "Israel" raided Beirut International Airport which resulted in the destruction of its facilities and a large number of its civilian airplanes. The UN Security Council in its resolution number 262 condemned this aggression, describing it as a premeditated act to be considered as a clear breach of "Israel's" commitments in accordance with the conventions. The Council also considered these "lsraeli" acts as threatening to international peace and security, adding that Lebanon has the right to receive compensation as a result of the damages that "Israel" admitted responsibility for.

1970 was not better than the previous years concerning "Israeli" aggressions on the south of Lebanon. Nevertheless, the peak of the aggression was crowned in May 1970 when "Israel" waged a massive air and land assault, which resulted in the penetration of "Israeli" troops inside Lebanese territory. This led the UN Security Council to convene on the 12th of May 1970 passing resolution number 279 demanding an immediate "Israeli" withdrawal of its military troops from Lebanese territory.

And in 1972 "Israel" penetrated Lebanese territory kidnapping a number of Lebanese military personnel. On The 26th of June 1972 the UN Security Council passed resolution 316 demanding "Israel" to cease all its military activities on the security and sovereignty of Lebanon, the Council also condemned the repeated "Israeli" attacks on Lebanon while demanding the release of all the hostages without delay.

Lebanon did not escape the aftermath of the October War of 1973, here again "Israel" violated all international conventions and the sovereignty of Lebanon by attacking Syrian targets through Lebanese territory. And the "Israeli" Phantom plane that crashed in Lebanon landed on a house in Al-Khiyam killing all the members of the family totaling eleven. On land "Israeli" tanks went through the Lebanese village of Al-Mariya on the front of Rashaya AI-Fukhar.

In March 1978 "Israel" pushed into Lebanon more than 30,000 heavily equipped soldiers with the latest in mass destruction weaponry. This aggression was considered the 5th war on the Arabs. The International Red Cross regarding the "Israeli" invasion of 1978 issued the following statistics:

The number of villages that were affected by the "Israeli" invasion reached 150, out of which 82 were seriously damaged with 6 completely destroyed one of which being Al-Khiyam;

More than 1,000 dead. The depth of the invasion reached between 3 to 17km. Between the hills of Kfar Shuba and Shibaa in the Northeast and Al-Nakoura in the Southwest.

As for the massacres that were committed by "Israeli" forces in Lebanon during the month of March 1978 are as follows:

81 Lebanese victims in the massacre of Al-Abasiya.

31 Lebanese victims in the massacre of Al-Khiyam.

29 Lebanese victims mostly children in the massacre of Kouneen.

As for the wounded and the disabled during the invasion of March 1978 the number reached 3,000.

The displaced during the invasion of March 1978 reached two hundred and sixty thousand from 150 cities and villages.

 

On the 4th of September 1979 the governor of the South Halim Fayad, issued a statement in front of the foreign ambassadors that were visiting him in his office in Saida. In his statement he pointed out the results of the "Israeli" aggression by saying: "the intense violence of the repeated "Israeli" aggressions since March 1978 have led to the following tragic results:

a) The complete destruction of more than 7,000 houses;

b) More than 15,000 seriously damaged houses;

c) Depriving tens of thousands of Lebanese families of their sources of sustenance, especially farming;

d) Converting the four main cities of the south, Tyre, Nabatiya, Bint-Jbiel and Al-Khiyam into ghost cities surrounded with destruction^([3]).

As a result of the March 1978 aggression, the Security Council issued on the 20th of March the famous 425 resolution. In it, "Israel" was condemned for its aggression on Lebanon, while demanding it to immediately cease its military actions and to withdraw without delay from the entire Lebanese territory.

On the 6th of June 1982 "Israel" invaded Lebanon, its goal was clear, to keep the inhabitants of Al-Jalil away from the range of the rockets, the limit of the operation was specified at 40km towards the North. But the "Israeli" operation was premeditated, it the reached the capital Beirut which was occupied. A11 that led to the heroic national resistance which forced the withdrawal of the "Israeli" forces from the capital after pillaging desecrating it with their murderous malicious hatred.

The Lebanese International Red Cross evaluated the number of dead and wounded people during the "Israeli" aggression on Lebanon between the months of June 1982 and November 1982 at 19,085 dead and 31,915 wounded.

And according to the estimates of The Development and Construction Council of December 1982, the damages resulting from the invasion exceeded $2bn, all that from direct damages only, not including losses resulting from pillaging, compensation to families of the martyrs and the wounded and the owners of farms etc.

During the period between the 4th of June 1982 and the 19th of September 1982 the day of the discovery of the Sabra and Shatila Massacres, the Security Council adopted 10 resolutions relating to the "Israeli" aggressions on Lebanon. The United States opposed by practicing its right to veto, three of the resolutions that condemned "Israel" and demanded it to withdraw without any conditions to the internationally recognized borders of Lebanon. These resolutions were put forward on the 9th and 25th of June and the 6th of August, the United States abstained from voting two times on the resolutions that were passed on the 29th of July and the 24th of August.

As for the most significant resolutions that were passed during that period, we have resolution 509 which was passed on the 6th of June 1982, through which The Council maintained that it would be incumbent on "Israel" to respect the unity, sovereignty and political independence of Lebanon, as well as demanding from "Israel" to immediately and without any delay withdraw its military forces to the internationally recognized borders of Lebanon^([4]).

Since the beginning of the invasion of June 1982, "Israel" used to set out on a wide range campaign of arrests against the Lebanese people. On the 17th of June 1982 "Israel" admitted arresting 1,000 Lebanese and 5,000 Palestinian civilians, the overall number increased to 9,064 detainees at the end of the fighting.

"Israel" did not acknowledge the right of benefiting from the laws of Prisoners of War to the detainees of Al-Khiyam prison. It also refused to consider them included under article 80 of the 4th Geneva Convention, so that they may not benefit from the rights of family visiting and appointing attorneys to represent them. The officials of The International Center for the Inquiry into Prisoners, Exiled and Missing Lebanese and Palestinians announced in Paris on the 24th of January 1983 that "Israel" detains not less than 10,000 individuals, who were detained in Lebanon since the beginning of the occupation. Mr. La Bradil a French judge who is a member in the Center, confirmed that the detainees of Al-Ansar detention camp have doubled, adding that there exists a number of detainees in military prisons (for women) and in Shamoeel Harouf Hospital in Bir Yakoub "Israel". And on the 3rd of April 1983, the International Red Cross in Geneva described the transportation of 1,167 detainees from Al-Ansar detention camp, into Atleet prison as a violation of the 4th Geneva Convention that was held in 1949. "Israel" signed on the Convention, which includes articles 49 and 76. It is well known, that article 49 of the agreement, stipulates that the transportation of groups or individuals, outside the occupied territory, is totally forbidden whatever the motives are.

 

In 1984 "Israeli" planes attacked the city of Baalbak killing 100 martyrs and wounding 300. Among the wounded 150 were children and ten among the police forces.

On the 17th of February 1984 Sheikh Ragheb Harb was assassinated by the "Israeli" forces, who also destroyed the mosque in the village of Maarakah which resulted in the death of 15 while wounding 45.

On the 16th of February 1992 "Israeli" helicopters assassinated the Security General of Hezbullah Sayed Abbass Al-Musawi.

During the year of 1993 "Israeli" war planes started an aggression which lasted seven days resulting in a large number of innocent civilian casualties while hundreds of thousands were displaced from their homes^([5]).

During the year of 1995 the "Israeli" aggressions reached 2,218 aggressions, resulting in the deaths of more than 53 and 154 wounded and the detention of 73 Lebanese civilians, while damaging the agricultural harvest and burning farms and fields as well as destroying hundreds of houses. The Lebanese south shores were under siege for a long period of time, which led to great losses in the Lebanese national economy. Fishermen were not allowed to practice their duties to earn their daily sustenance a source of income for many families in the cities of Sidon, Tyre and the south in general, which led to grave economical damages to many families.

From the 10th of April 1996 until the dawn of the 26th of April 1996, "Israeli" warplanes struck on a vicious wide range aggression on Lebanon. The attack included most cities and areas, such as the South, the Bikaa, Beirut and Mount Lebanon, with human losses reaching 146 martyrs and 329 wounded among them 30 disabled, as well as incurring grave damages in public property and the infrastructure. During its aggression "Israel" deliberately targeted to kill innocent civilians seeking shelter one of the UN post at Qana, which led to the death of 102 with tens injured, most of them women, children and elderly citizens. While at the UN, the previous Lebanese president Elias Harawi, described "Israel's" deeds against the civilians, especially the Qana massacre, as a mass extermination which reminded us of the exterminations that were executed by the Nazis against the Jews.

Following the Qana massacre, military advisor Major General Franklin Van Kaben was given the task of preparing a report on the incident. Regarding this issue, the UN secretary general Dr. Butrus Ghali sent a letter to the president of the Security Council pointing out his observations. In it he explains that the pattern in which the shells landed in the vicinity of Qana makes it unlikely that the shelling on the UN compound was by way of a technical or procedural mistake. He also added that: "this incident was the most dangerous of all because civilians of women and children took shelter in a UN compound at Qana"^([6]).

And on the 18th of April 1996 the Security Council issued resolution number 1052, through which it expressed its dissatisfaction with the incident that occurred on the 18th of April 1996 leading to great losses in life among the civilians in one of the temporary UN bases in Lebanon. The Council called upon all sides to cease all war actions at once, emphasizing once again its commitment for regional peace towards Lebanon as well as its independent political sovereignty within its internationally recognized borders^([7]).

I would also like to point out that the General Assembly in its meeting on the 22nd of April 1996 pursuant to the request of the Lebanese government, passed a resolution condemning the military attacks on the civilians in Lebanon, especially the attack on the UN compound in Qana, considering that Lebanon had the right to receive adequate compensation resulting from the destruction, and that "Israel" was bound to pay that compensation. The Assembly also requested the Secretary General to send a special technical delegation to the area to prepare a report within one month on the human and financial losses that resulted from the fighting.

 

The Council of the Arab League in an urgent session on the 17th of April 1996 requested the Security Council to impose upon "Israel" to pay the necessary compensations in order to rebuild what it had destroyed with respect to the infrastructure, installations and human losses. The Arab League also condemned the continuous savage "Israeli" aggressions on Lebanese soil, which was aimed at the sovereignty, well being of its citizens, air space and its regional waters, leading to the destruction of its infrastructure as well as many archeological sights throughout Lebanon^([8]). The result of the "Israeli" aggression on Lebanon during the year of 1996 was as follows:

Number of martyrs: 282;

Number of wounded: 913;

Number of detainees: 317;

Number of displaced: 35.

The number of damaged homes reached 1,097 houses, besides damages in agriculture and fires that "Israel" intentionally started in the woodland^([9]).
 

"Israel's" crimes in Lebanon and the international responsibility

Viewing the international law documents and files, among them the Saint Petersburg's file of 1868, the 1907 Lahai agreement on the rules and regulations of land wars, the 1945 international military court treaty in Nuremberg, the 1925 Geneva protocol that forbids the use of chemical weapons, the 1928 Biryan Kilog treaty, the 1948 treaty that forbids genocide and punishes whom so ever does so, the 1949 Geneva treaty that specifically protects victims of war, and the first protocol that was supplemented to it in 1977, defining aggression 1974, the 1977 international criminal court's bill and other legal international documents, enables us to categorize the crimes committed by the "Israeli" forces in Lebanon since 1948 until this present day under the following three headings:

A) Crimes against peace;

B) Crimes against humanity;

C) War crimes.

 

1- Crimes against peace

Since 1948, Lebanon, has been exposed to Israeli invasions, and the results were an occupation in a wide distance of Lebanese territories and a grave change in the legal status of the international border. Besides, the Lebanese citizens and the properties have always been exposed to Israeli military acts. The daily Israeli aggression acts were considered, as a violation of the United Nations charter, and also to the principles of public international law, and those Israeli acts were considered, as an aggression according to the definition of aggression of (14, December, 1974) through the resolution 3314 (XXLX) of general assembly of United Nations.

Since 1948 and till now, the Israeli army offenses were categorized as qualifying as acts of aggression:

1: The invasion and military occupation forces of Israeli of the territory of Lebanon.

2: Bombardment by the armed forces of Israel against the territory of Lebanon, by using all kinds of weapons especially which are internationally prohibited.

3: The blockade of the Lebanese ports (especially Sidon, tyre) and coasts of Lebanon by the armed forces of Israel.

4: An attack by the armed forces of Israel on the land of Lebanon.

5 :The sending by or on behalf of Israel of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against Lebanon.

And according to the definition of aggression, the aggression is a crime against international peace and who commit it, must be exposed to international responsibility.

 

2- Crimes against humanity.

Article 4 is a word-for-word recapitulation of the provisions of articles 2 and 3 of the 1948 convention on the prevention and punishment of the crime of genocide, which is held to form part of international customary law as stated by the international court of justice in an advisory opinion of 1951^([10]). For the purposes of the statute, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national ethnic, racial or religious group, such as:

a) killing members of the group,

b) causing serious bodily or mental harm to members of the group,

c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,

d) Imposing measures intended to prevent births within the group.

 

The following acts are punishable:

I ) Genocide,

2) conspiracy to commit genocide,

3) direct and public incitement to commit genocide,

4) attempt to commit genocide,

5) Complicity in genocide^([11]).

According to the facts, Israel has violated and remains, in breach of its legal obligations, under various provisions, of the convention on the prevention and punishment of the crime of genocide, in relation to the state and people of Lebanon. In 1982 only, and through the Israeli invasion (almost three fifths of the Lebanese territories including the capital) the number of victims (almost seventhly thousands of innocent civilians were either killed or injured) and the extent of destruction (whole villages, towns, as well as Palestinian refuge camps, were systematically destroyed, more than 300 schools were seriously damaged, 25 hotels and 25 factories, 72 thousands living units were completely destroyed etc.^([12]) were beyond tolerance in the eyes of the world community and definitely inproportion to the supposed harm threatened.

The invasion is not only uncovered by unjustified circumstances but constitutes a breach of a very essential and fundamental condition of article 5l.

And as a result, the Israeli invasion in April 1996, of the United Nations post in Qana lead to the death of 102 most of them women, children and elderly citizens.

The Lebanese government described the Israeli act as an act of

genocide. And it asked the United Nations to condemn crimes of Israel against state and people of Lebanon.

The acts of Israel are considered as a violation of the convention on the prevention and punishment of the crime of genocide (1948), and Israel who is a member to this convention must be exposed to the international responsibility according to the principles of international law.

 

3-War crimes:

During the continued aggression of Israel against Lebanon, Israel have made a grave breaches of the Geneva conventions of 1949(art.2)

a) Willful killing,

b) Torture or inhuman treatment, including biological experiments,

c) Willfully causing great suffering or serious injury to body or health,

d) Extensive destruction or appropriation of property, not justified by military necessity and carried out unlawfully and wantonly,

e) Compelling a prisoner of war or a civilian to serve in the forces of a hostile power,

f) Willfully depriving a prisoner of war or a civilian of the rights of a fair and regular trail,

g) Unlawful deportation or transfer or unlawful confinement of a civilian,

h) Taking civilians as hostages.

 

And Israel has violated the law or customs of war (art.3). In its aggression against Lebanon by using the following acts:

1) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering,

2) wanton destruction of cities, towns or villages or devastation not justified by military necessity,

3) attack or bombardment, by whatever means of undefended towns, villages, dwelling, or buildings,

4) seizure of, destruction or willful damage done to institutions dedicated to religion charity and education, the arts and sciences, historic monument and works of art and science,

5) Plunder of public or private property^([13]). And Israel during the continued aggression against Lebanon, violates the international humanitarian law, when Israel attacks Lebanese forests, fields and environment in general, and also attacks the works and installations containing dangerous forces like dams, dykes and electrical generating stations, and also Israel violates the Hague convention of 1954, concerning the protection of the cultural properties during the war time, when it attacks the historic cultural heritage places like Tyre, Sidon, Baalbak.

Israel also violates the 1980 United Nations convention on prohibitions or restriction on the use of certain conventional weapons, and its protocol II on landmines (1996).

 

4- Israel's international responsibility towards its continued agression on Lebanon

According to the definition of aggression of 1974, the aggression is an international crime and the state that does this crime must be exposed to an international responsibility, and in our case study, Israel who committed the international crimes against state and peoples of Lebanon, must be exposed to the international responsibility.

The following acts, or any of them, are crimes coming within the jurisdiction of the Nuremberg Tribunal for which there shall be individual responsibility:

(a) Crimes against peace,

(b) War crimes,

(c) Crimes against Humanity,

Leaders organizers, instigators, and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the forgoing crimes are responsible for all acts performed by any persons in execution of such plan...

The Geneva Diplomatic Conference of 1949 also was concerned with the subject of crimes under international law and, because it's four conventions are in force, contributed to expanding the rules of law governing in this sphere.

All four instruments include this common article:

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present convention defined in the following article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of it's own legislation, hand such persons over for trail to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following article.

In all circumstances, the accused persons shall benefit by safeguards of proper trail and defense, which shall not be less favorable than that provided by article 105 and those following of the Geneva Convention relative to theTreatment of Prisoners of war of August 12, 1949.

In the fourth (civilian) Convention of 1949, Article 148 asserts that no party to the Convention is permitted to absolve itself or any other contracting party of any liability by itself or another party in respect to the grave breaches enumerated in article 147 of the treaty- and the breaches parallel to a considered extent the definitions laid down in article 6(b and c) of the charter of the Nuremberg Tribunal. The 1949 Convention Relative to the Treatment of Prisoners of war, on the other hand, appears to have created a limitation in regard to international triais of certain criminals^([14]).

Article III of the Hague Convention of 1907 on Waron Land provided that "a belligerent party which violates the provisions of the said regulations shall, if the case demands, be liable to pay compositions. It shall be responsible for all acts committed by persons forming part of its armed forces."^([15])

Israel who committed the international crimes in Lebanon, and who has violated the international law and humanitarian international law and the Charter of the united nations especially the article(I.1) which states: "to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law." And also it violates the article (II.2) which said: "all members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present charter." As well as it violates the article (II.4) which said: "all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the united nations."^([16])

For these reasons Israel must be exposed to international responsibility in its different faces, the political responsibility, the criminal responsibility, and the material responsibility, according to the article 41 of the charter of the United Nations, and the article 91 of the I protocol additional to Geneva convention of 1949, and according to the U.N resolution number 687 of 3/4/1991, and also according to documentation of the Nuremberg Tribunal.

 

Conclusion

 "Israel's" aggression should not pass unpunished as if nothing had happened. On the basis of the international law, Lebanon should continue demanding for the full execution of the 425 resolution, as well as recording all damages committed by "Israel" on Lebanon since 1948 until this present day. This record should include material damages, cultural property theft and a list of all the disabled and the martyrs. As well as estimating the amount of the organized theft of the Lebanese natural resources such as water and soil since 1978, in order to file a lawsuit against "Israel" for its aggression on Lebanon and what it has resulted in human losses that cannot be compensated.