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Kahan Commission
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The Kahan Commission (ועדת כהן), formally known as the Commission of Inquiry into the Events at the Refugee Camps in Beirut, was established by the Israeli government on 28 September 1982, to investigate the Sabra and Shatila massacre (16–18 September 1982). The Kahan Commission was chaired by the president of the Supreme Court, Yitzhak Kahan. Its other two members were Supreme Court Judge Aharon Barak, and Major general (res.) Yona Efrat. The Commission was to make recommendations on Israeli involvement in the massacre through an investigation of:
[A]ll the facts and factors connected with the atrocity carried out by a unit of the Lebanese Forces against the civilian population in the Shatilla and Sabra camps.
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.
The Defence minister Ariel Sharon was found to bear "personal responsibility"[1] for "ignoring the danger of bloodshed and revenge" and "not taking appropriate measures to prevent bloodshed". Sharon's negligence in protecting the civilian population of Beirut, which had come under Israeli control, amounted to a "non-fulfillment of a duty with which the Defence Minister was charged", and it was recommended that Sharon be dismissed as Defence Minister.
Initially, Sharon refused to resign, and Prime Minister Menachem Begin refused to fire him. However, following a peace march against the government, as the marchers were dispersing, a grenade was thrown into the crowd, killing Emil Grunzweig, a reserve combat officer and peace activist, and wounding half a dozen others, including the son of the Interior Minister.[2] Although Sharon resigned as Defence Minister, he remained in the Cabinet as a Minister without Portfolio. Years later, Sharon would be elected Israel's Prime Minister.
The Commission arrived to similar conclusions with respect to Chief of Staff, Lt. Gen. Rafael Eitan ("tantamount to a breach of duty that was incumbent upon the Chief of Staff"), as well as Director of Military Intelligence, Major general Yehoshua Saguy, and other Intelligence officials — though the Mossad was not reprimanded and parts of the report commenting on its role remain under military censorship.
Critics of the Commission point to its limited scope, some of whom argue it amounted to a whitewash.[3] The final paragraph of the report anticipated such reaction: "We do not deceive ourselves that the results of this inquiry will convince or satisfy those who have prejudices or selective consciences, but this inquiry was not intended for such people. We have striven and have spared no effort to arrive at the truth, and we hope that all persons of good will who will examine the issue without prejudice will be convinced that the inquiry was conducted without any bias."
Israel's standing in the international community, which had sunk to an all-time low in the wake of the massacre, rebounded following the publication of the report. Israel was praised from many quarters for having investigated itself and punishing senior members of its government.[4] Richard Falk noted that the "sincere and careful" report was "much more devastating in its impact on the evaluation of state leadership during the Lebanon War than any self-scrutiny that the American government allowed during the Vietnam War."[5]
See also
[edit]References
[edit]- ^ Schiff, Ze'ev; Ehud, Yaari (1984). Israel's Lebanon War. Simon & Schuster. p. 284. ISBN 978-0-671-47991-6.
- ^ Silver, Eric (1984). Begin: The Haunted Prophet. Random House. p. 239. ISBN 978-0-394-52826-7.
- ^ Chomsky, Noam (1999). Fateful Triangle: The United States, Israel, and the Palestinians (Updated ed.). London: Pluto Press. pp. 674–692. ISBN 978-1-84964-058-9.
- ^ Interior Minister of France Gaston Defferre was quoted saying: "This report is the honor of Israel. It gives the world a new lesson in democracy". In Italy, the Communist paper L'Unita called the report "a turning point for Israel," while Italian Journalist Arrigo Levi remarked in La Stampa: "It would be difficult to find any other nation at war that would let itself be subject to such an open and hard self-criticism". See "The Verdict Is Guilty: An Israeli commission and the Beirut massacre", Time (21.2.83).
- ^ Falk, Richard (1984). "The Kahan Commission Report on the Beirut Massacre". Dialectical Anthropology. 8 (4): 319–324. doi:10.1007/BF00246008. JSTOR 29790115. S2CID 144978341. Quotes from pp. 319, 320.
- Bregman, Ahron (2002). Israel's Wars: A History Since 1947. London: Routledge. ISBN 978-0-415-28716-6
- The Beirut Massacre: the Complete Kahan Commission Report. Karz-Cohl, Princeton, NJ, 1983. (ISBN 978-0-943828-55-8)
External links
[edit]- Report of the Kahan Commission - hosted by the Israeli Ministry of Foreign Affairs.
- Sabra and Shatila: New Revelations, Seth Anziska, NYR Daily (with the Kahan Commission Appendix)
- Kahan Commission on Sabra and Shatila Massacre report & related documents Archived 2016-03-06 at the Wayback Machine at Israel State Archives, released 2012
- The Kahan Report: Banishing the Palestinian Ordeal by Richard Falk
Kahan Commission
View on GrokipediaBackground
Historical Context of the 1982 Lebanon War
The Palestine Liberation Organization (PLO), expelled from Jordan following the Black September events of 1970, established extensive military bases in southern Lebanon, amassing an estimated 15,000–18,000 fighters equipped with Katyusha rockets, artillery, tanks, and anti-aircraft systems.[4] From these positions, the PLO conducted cross-border attacks on northern Israeli communities, including 270 terrorist actions between July 1981 and June 1982 that killed 29 Israelis and injured over 300 others.[4] Lebanon's ongoing civil war, which erupted in 1975 between Maronite Christian factions and a coalition of Muslim militias allied with Palestinian groups, allowed the PLO to exert de facto control over much of southern Lebanon, exacerbating regional instability amid Syrian military intervention since 1976.[5] Israel had previously responded with limited operations, such as the March 1978 Litani campaign to dismantle PLO infrastructure near the border, followed by a U.S.-brokered ceasefire in July 1981 that the PLO repeatedly violated through shelling and raids.[4][5] The immediate trigger for escalation occurred on June 3, 1982, when Israeli Ambassador to the United Kingdom Shlomo Argov was critically wounded in an assassination attempt in London by militants from the Abu Nidal Organization, a PLO splinter group.[5][4] Israel retaliated on June 4 with airstrikes on PLO targets in Lebanon, prompting PLO artillery barrages on northern Israel; the next day, June 5, the IDF launched Operation Peace for Galilee, deploying approximately 60,000 troops to push PLO forces beyond a 40-kilometer security buffer zone and neutralize their threat to Israeli civilians.[6][4] The operation's objectives included destroying PLO military infrastructure and addressing Syrian deployments in the Bekaa Valley, which supported anti-Israel forces.[5] Israeli forces rapidly advanced, capturing key southern cities like Tyre and Sidon by June 8, and on June 9 conducted Operation Mole Cricket 19, destroying 15 Syrian surface-to-air missile batteries and downing 29 Syrian aircraft to achieve air superiority.[5] By mid-June, IDF units encircled Beirut, initiating a siege that tightened control over the city's southern districts and airport while pressuring PLO and Syrian elements.[5][6] The siege persisted until late August, culminating in the supervised evacuation of over 14,000 PLO fighters from Beirut to Tunisia and other Arab states by August 31, 1982, under international guarantees for the safety of remaining Palestinian civilians in refugee camps.[5] Israeli troops maintained positions in and around West Beirut to secure the area amid ongoing Lebanese factional violence, setting the stage for subsequent events involving allied Phalange militias.[5]Assassination of Bashir Gemayel and Immediate Aftermath
On September 14, 1982, Bashir Gemayel, the president-elect of Lebanon and commander of the Lebanese Forces militia aligned with Israel, was killed in a bomb explosion at the Phalangist Party headquarters in the Achrafieh district of East Beirut.[7] [8] The detonation occurred during a party meeting, destroying the building and killing Gemayel along with approximately 26 to 32 other individuals.[9] [10] Responsibility was attributed to Habib Shartouni, a Lebanese member of the pro-Syrian Syrian Social Nationalist Party, who planted roughly 65 kilograms of explosives and later confessed to the act, claiming it aimed to thwart Gemayel's perceived subservience to Israeli interests.[9] [10] A Lebanese military court issued a death sentence in absentia against Shartouni in 2017 for the bombing.[9] The assassination, occurring just nine days before Gemayel's scheduled inauguration following his election on August 23, 1982, created a power vacuum amid Lebanon's ongoing civil war and recent Israeli military operations against Palestinian Liberation Organization (PLO) forces.[11] Syrian-backed factions were widely suspected due to Gemayel's opposition to Syrian influence in Lebanon and his alliance with Israel during the 1982 Lebanon War.[12] In the immediate hours following the blast, Phalangist militiamen and supporters mourned publicly while clashing sporadically with rival groups, heightening sectarian tensions in Beirut.[13] Israel, which had supported Gemayel's presidency as a bulwark against Syrian and PLO dominance, viewed the killing as a direct threat to its strategic objectives in Lebanon.[14] On September 15, Israeli Defense Forces (IDF), under orders from Defense Minister Ariel Sharon, advanced into West Beirut—previously a designated neutral zone under the evacuation agreement for PLO fighters—surrounding Palestinian refugee camps including Sabra and Shatila to preempt retaliatory attacks and secure the area.[15] [14] This incursion, justified by Israeli officials as necessary to prevent anarchy, facilitated the entry of Phalangist forces into the camps under IDF oversight, setting the stage for subsequent events.[16] Gemayel's brother, Amine Gemayel, was elected president by parliament on September 21, 1982, in a session amid heavy security, signaling a continuation of Phalangist leadership but with diminished Israeli leverage.[17]The Sabra and Shatila Massacre
The Sabra and Shatila massacre took place from September 16 to 18, 1982, in the adjacent Palestinian refugee camps of Sabra and Shatila located in West Beirut, Lebanon.[2] The perpetrators were units of the Lebanese Phalange militia, a Christian Lebanese force allied with Israel during the 1982 Lebanon War, numbering approximately 150 fighters who entered the camps on the evening of September 16.[2] [18] This followed the September 14 assassination of Phalange leader Bashir Gemayel, the president-elect of Lebanon, which the militia attributed to Palestinian elements despite the PLO's evacuation from Beirut in late August under an international agreement supervised by multinational forces.[2] [18] The Phalangists proceeded to kill camp residents indiscriminately, targeting civilians including children, women, and the elderly, in acts of revenge; estimates of the death toll range from 700 to 800 according to the subsequent Israeli inquiry, though other accounts cite figures up to 3,500.[2] [19] Israeli Defense Forces (IDF) had advanced into West Beirut on September 15, surrounding the camps amid concerns over remaining armed Palestinian fighters after the PLO's withdrawal.[18] Phalange entry into the camps was coordinated with IDF approval to conduct operations against suspected terrorists, with Israeli forces providing illumination via flares during nighttime hours and positioned at entry points.[18] [20] Throughout September 17, IDF personnel reported hearing bursts of gunfire and observing unusual activity, including militiamen exiting with civilians, but initial assessments attributed this to anti-terrorist actions rather than systematic killings.[2] The scale of the violence became clearer by September 18 morning, when IDF commanders demanded the Phalangists withdraw, halting their presence in the camps by midday.[2] The massacre's victims were primarily Palestinian refugees and poor Shiite Lebanese residents of the overcrowded camps, with reports documenting executions, rapes, and mutilations amid widespread destruction of homes and infrastructure.[21] International observers, including journalists and Red Cross workers, accessed the sites post-withdrawal on September 18, documenting mass graves and unburied bodies, which prompted global outrage and UN Security Council resolutions condemning the events.[22] In Israel, public protests erupted upon confirmation of the killings, leading to the government's appointment of an inquiry commission on September 28.[18] The Phalange leadership, under Elie Hobeika, directed the operation, though internal Lebanese investigations into perpetrator accountability yielded no prosecutions.[21]Establishment and Mandate
Israeli Government Decision
On September 28, 1982, the Israeli Cabinet met and resolved to establish a commission of inquiry into the atrocities committed by Phalangist militias at the Sabra and Shatila refugee camps in Beirut between September 16 and 18, 1982.[2][3] The decision invoked Israel's Commissions of Inquiry Law of 1968, which authorizes independent panels to investigate matters of public importance, and specified examination of all facts, factors, and responsibilities connected to the events, including Israeli political and military oversight of the Phalangists' operations.[2][3] This step responded to intense domestic and international pressure following media disclosures of the massacre, which killed hundreds to thousands of Palestinian civilians under the watch of surrounding Israel Defense Forces units that provided illumination flares and coordination.[3] In Israel, widespread protests drew hundreds of thousands to the streets, with demonstrators holding the government accountable for indirect facilitation of the killings despite the Phalangists' independent execution.[3] Internationally, the events drew condemnation and scrutiny of Israel's role in the 1982 Lebanon War, prompting the inquiry as a means to affirm democratic self-scrutiny and clarify potential oversights by officials such as the defense minister and chief of staff in authorizing Phalangist entry to the camps.[3][23] The resolution tasked the commission with determining degrees of direct and indirect responsibility to guide any subsequent accountability measures.[2]Legal Basis and Scope of Inquiry
The Kahan Commission, formally the Commission of Inquiry into the Events at the Refugee Camps in Beirut, derived its authority from Israel's Commissions of Inquiry Law, 5729-1968, which authorizes the government to establish panels for investigating issues of substantial public and national significance, granting them quasi-judicial powers to summon witnesses, compel testimony, and assess evidence under oath.[24][25] This law stipulates that commissions typically comprise three members, appointed after consultation with the President of the Supreme Court, and empowers them to recommend actions based on findings without direct prosecutorial authority.[24] The legislation, enacted on December 30, 1968, aims to provide transparent, independent scrutiny of government actions amid public outcry, as occurred following the September 16–18, 1982, massacre in the Sabra and Shatila camps.[25] On September 28, 1982, the Israeli Cabinet invoked this law to formally establish the commission, responding to domestic protests and international criticism over the events in West Beirut, where Israeli Defense Forces (IDF) units encircled the area while Lebanese Forces militias entered the camps.[2][3] The decision appointed former Supreme Court President Yitzhak Kahan as chairman, alongside Justice Aharon Barak and Major General (Reserve) Yona Efrat, aligning with the law's requirement for expertise in law, administration, or relevant fields.[2] The commission's mandate was narrowly defined to encompass "all the facts and factors connected with the atrocity carried out by a unit of the Lebanese Forces against the civilian population in the Shatila and Sabra camps," with particular emphasis on Israeli decision-making, knowledge of risks, and preventive measures during the IDF's operational control of West Beirut from September 15 onward.[2][3] This included scrutiny of the authorization for Phalangist entry into the camps, IDF illumination and perimeter activities, communications between military and political echelons, and any indirect facilitation or failure to halt the killings, but explicitly excluded broader review of the Lebanese Forces' internal operations or the overall Lebanon War strategy.[3] The terms of reference prioritized determining degrees of responsibility—direct, indirect, or personal—among Israeli officials, focusing on ethical and operational lapses rather than criminal liability, as the law permits recommendations for dismissal or reprimand but not formal charges.[2]Composition and Proceedings
Commission Members
The Kahan Commission was composed of three members selected for their expertise in law and military affairs, in accordance with Israel's Commissions of Inquiry Law of 1968, which authorizes the government to appoint panels for independent investigations.[3] The chairman was Yitzhak Kahan, who had been appointed President of the Supreme Court of Israel in 1982, shortly before the commission's establishment on September 28, 1982; Kahan's judicial background included service as a Supreme Court justice since 1969 and prior roles in legal advisory positions during Israel's early statehood.[3] [26] The other judicial member was Aharon Barak, a sitting Justice of the Supreme Court at the time of his appointment; Barak had previously served as Israel's Attorney General from 1978 to 1981 and as deputy Attorney General before that, bringing experience in constitutional and administrative law to the panel.[3] [26] To provide military perspective on operational decisions during the 1982 Lebanon War, the commission included Yona Efrat, a Major General in the Israel Defense Forces reserves who had retired after commanding roles, including as head of the IDF's Northern Command planning branch.[3] [26] This trio was tasked with examining testimonies from 58 witnesses over 60 sessions, reflecting a deliberate effort to combine civilian judicial oversight with operational military insight, though critics later noted the members' establishment ties potentially influenced the inquiry's framing of Israeli responsibility.[3][26]| Member | Role in Commission | Key Background Qualifications |
|---|---|---|
| Yitzhak Kahan | Chairman | President of the Supreme Court (1982–1983); former Supreme Court Justice (1969–1983) |
| Aharon Barak | Member | Supreme Court Justice; former Attorney General (1978–1981) |
| Yona Efrat | Member | Major General (Res.); retired IDF officer with command experience |
