| Report of the Commission of Inquiry into
the Events at the Refugee Camps in Beirut (The Kahan Commission)
(February 8, 1983)
The Commission determined that the massacre at Sabra and Shatilla
was carried out by a Phalangist unit, acting on its own but its
entry was known to Israel. No Israeli was directly responsible for
the events which occurred in the camps. But the Commission asserted
that Israel had indirect responsibility for the massacre since the
I.D.F. held the area, Mr. Begin was found responsible for not
exercising greater involvement and awareness in the matter of
introducing the Phalangists into the camps. Mr. Sharon was found
responsible for ignoring the danger of bloodshed and revenge when he
approved the entry of the Phalangists into the camps as well as not
taking appropriate measures to prevent bloodshed. Mr. Shamir erred
by not taking action after being alerted by communications Minister
Zippori. Chief of Staff Eitan did not give the appropriate orders to
prevent the massacre. The Commission recommended that the Defense
Minister resign, that the Director of Military Intelligence not
continue in his post and other senior officers be removed. Full text
follows:
Introduction At a meeting of the Cabinet on 28 September 1982,
the Government of Israel resolved to establish a commission of
inquiry in accordance with the Commissions of Inquiry Law of 1968.
The Cabinet charged the commission as follows: "The matter
which will be subjected to inquiry is: all 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." In the wake of this resolution, the President of the
Supreme Court, by virtue of the authority vested in him under
Section 4 of the aforementioned law, appointed a commission of
inquiry comprised as follows: Yitzhak Kahan, President of the
Supreme Court commission chairman; Aharon Barak, Justice of the
Supreme Court; Yona Efrat, Major General (Res.). The commission held
60 sessions, hearing 58 witnesses. As per the commission's requests
of the Cabinet Secretary, the Office of the Minister of Defense, the
General Staff of the Israel Defense Forces (henceforth, the I.D.F.),
the Ministry for Foreign Affairs, and other public and governmental
institutions, the commission was provided with many documents, some
of which were, in the course of the deliberations, submitted to the
commission as exhibits. The commission decided, in accordance with
section 13(A) of the law, that there was a need to collect data
necessary for its investigation. Appointed as staff investigators
were: Ms. Dorit. Beinish, Deputy State Attorney, and Ms. Edna Arbel,
Senior Assistant to the District Attorney (Central District), who
were seconded to the commission by the Attorney General; and
Assistant Police Commander Alex Ish-Shalom, who was seconded to the
commission by the Inspector General of the Israel Police. Judge
David Bartov was appointed commission coordinator. The staff
investigators collected, by virtue of the authority vested in them
under Sections 13(C), 180 statements from 163 witnesses. Before the
commission began its deliberations, it visited Beirut, but it was
not allowed to enter the area of the events. The commission also
viewed television footage filmed near the time of the events at the
camps and their surroundings. The commission published notices to
the public in the press and other media, inviting all who wish to
testify or submit a document or bring any information to the
commission's attention to submit to the commission in writing
details of the material he possessed or wished to bring to the
commission's attention. There was not much response to these
appeals. The commission made an effort to collect testimony also
from people who live outside the juridical boundaries of the State
of Israel; and all necessary steps were taken to bring witnesses
from outside of Israel, when this was possible. The commission's
requests in this matter were not always honored. For example, the
"New York Times" correspondent Mr Thomas Friedman, who
published in the aforementioned newspaper a famous article on what
transpired during the period under deliberation here, refused to
appear before the commission, claiming that this was contrary to his
paper's editorial policy. We did not receive a satisfactory answer
as to why the paper's publisher prevented its reporter from
appearing before the commission and thus helping it uncover all the
important facts. Some of the commission's hearings were held in open
session, but most of the sessions were in camera. In this matter we
acted in accordance with the instructions of Section 18(A) of the
law, according to which a commission of inquiry is required to
deliberate in open session but is entitled to deliberate in camera
if it is convinced that "it is necessary to do so in the
interest of protecting the security of the State... the foreign
relations of the State..." and for other reasons stipulated in
that section. It became clear to the commission that with regard to
certain matters about which witnesses testified before it, open
hearings would be liable to affect adversely the nation's security
or foreign relations; and therefore it heard most of its testimony
in camera. It should be noted that during sessions held in camera,
witnesses also said things whose publication would not cause any
harm; however, because of the difficulty in separating those things
whose publication would be permissible from those whose publication
would be forbidden, it was imperative in a substantial number of
cases to hear the entire testimony in camera. In accordance, with
Section 20(A) of the law, this report is being published together
with an appendix that will be called Appendix A. In the event that
we will need recourse in this report to testimony whose publication
would not be damaging to the nation's security or foreign relations,
we shall present it in a section of the report that will be
published. On the other hand, in accordance with Section 20(A) of
the law, a portion of this report, to be called Appendix B, will not
be published, since, in our opinion, non-publication of this
material is essential in the interest of protecting the nation's
security or foreign relations. As we have said, the commission's
task, as stipulated by the Cabinet's resolution, is "to
investigate all the facts and factors connected with the atrocity
which was carried out by a unit of the Lebanese Forces against the
civilian population of the Shatilla and Sabra camps." These
acts were perpetrated between Thursday, 16 September 1982, and
Saturday, 18 September 1982. The establishment of the facts and the
conclusions in this report relate only to the facts and factors
connected with the acts perpetrated in the aforementioned time
frame, and the commission did not deliberate or investigate matters
whose connection with the aforementioned acts is indirect or remote.
The commission refrained, therefore, from drawing conclusions with
regard to various issues connected with activities during the war
that took place in Lebanon from 6 June 1982 onward or with regard to
policy decisions taken by the Government before or during the war,
unless these activities or decisions were directly related to the
events that are the subject of this investigation. Descriptions of
facts presented in this report that deviate from the framework of
the commission's authority (as defined above) have been cited only
as background material, in order to better understand and illustrate
the chain of events. In one area we have found it necessary to
deviate somewhat from the stipulation of the Cabinet's resolution,
which represents the commission's terms of reference. The resolution
speaks of atrocities carried out by "a unit of the Lebanese
Forces." The expression "Lebanese Forces" refers to
an armed force known by the name "Phalangists" or
"Ketaib" (henceforth, Phalangists). It is our opinion that
we would not be properly fulfilling our task if we did not look into
the question of whether the atrocities spoken of in the Cabinet's
resolution were indeed perpetrated by the Phalangists, and this
question will indeed be treated in the course of this report. The
commission's deliberations can be divided into two stages. In the
first stage, the commission heard witnesses who had been summoned by
it, as well as witnesses who had expressed the desire to appear
before it. The commission asked questions of these witnesses, and
they were given the opportunity of bringing before the commission
everything known to them of the matters that constitute the subject
of the investigation. When this stage terminated, the commission
issued a resolution in accordance with Section 15(A) of the
aforementioned law, concerning the harm that might be caused certain
people as a result of the investigation or its results; this was
done in order to enable these people to study the material, to
appear before the commission and to testify (for the text of the
resolution, see section I of appendix A). In accordance with this
resolution, the chairman of the commission sent notices to nine
people; the notices detailed how each one of them might be harmed.
The material in the commission's possession was placed at the
disposal of those receiving the notices and of the attorneys
appointed to represent them. During the second stage of the
deliberations, we heard witnesses who had been summoned at the
request of the lawyers, and thus some of the witnesses who had
testified during the first stage were cross-examined. Afterwards,
written summations were submitted, and the opportunity to supplement
these summations by presenting oral arguments was given. We should
already note that involving the lawyers in the commission's
deliberations did not in any way make the commission's work more
difficult; it even helped us in fulfilling our task. The lawyers who
appeared before us were able to clarify properly, though not at
excessive length, the various points that were the subject of
controversy; and thus they rendered valuable assistance to the
commission's task, without in any way prejudicing their professional
obligation to properly represent and defend their clients. When we
resolved to issue, in accordance with Section 15(A) of the law,
notices about harm to the nine people, we were not oblivious to the
fact that, during the course of the investigation, facts were
uncovered that could be the prima facie basis for results that might
cause harm to other persons as well. Our consideration in limiting
the notices about possible harm to only nine persons was based on
[the conception] that it is our duty, as a public judicial
commission dealing with an extremely important issue - one which had
raised a furor among the general public in Israel and other nations
- to deliberate and reach findings and conclusions with regard to
the major and important things connected with the aforementioned
events, and to the question of the responsibility of those persons
whose decisions and actions could have decisively influenced the
course of events. We felt that with regard to the other people who
were involved in one way or another in the events we are
investigating, but whose role was secondary, it would be better that
the clarification or investigation, if deemed necessary, be carried
out in another manner, and not before this commission, viz., before
the military authorities, in accordance with the relevant
stipulations of the military legal code and other legislation. We
chose this path so that the matters under investigation would not
expand and become overly-complicated and so that we could complete
our task in not too long a time. In the course of the investigation,
not a few contradictions came out regarding various facts about
which we had heard testimony. In those cases where the
contradictions referred to facts important for establishing findings
and drawing subsequent conclusions, we shall decide between the
variant versions in accordance with the usual criteria in judicial
and quasi-judicial tribunals. Our procedures are not those of a
criminal court; and therefore the criterion of criminal courts that
stipulates that in order to convict someone his guilt must be proven
beyond a reasonable doubt, does not apply in this case.
Nevertheless, since we are aware that our findings and conclusions
are liable to be of significant influence from a social and ethical
standpoint, and to harm also in other ways persons involved in our
deliberations, no finding of significant harm was established with
regard to any one of those to whom notices were sent, unless
convincing evidence on which to base such a finding was found, and
we shall not be satisfied with evidence that leaves room for real
doubt. We shall not pretend to find a solution to all the
contradictions in testimony. In many instances, these contradictions
relate to the content of conversations that took place between
various people without the presence of witnesses, or when the
witnesses' attention was not focused on the content of the
conversation, and there are no exact notes on these conversations.
In such cases, it is only natural that there exist several versions
with regard to what was said, and the differences between them do
not necessarily derive from a desire to conceal the truth but rather
are sometimes the natural result of a failure of the human memory.
We do not see the need to rule about those contradictions which
surround unimportant details that do not influence the decision
about points in controversy. We shall conclude this part of the
report by expressing appreciation and gratitude to all those who
helped us in fulfilling our task. It is only fitting that we note
that all the institutions and various functionaries in the
Government, the I.D.F., and other authorities whose help we needed
rendered us all the necessary assistance and placed at our disposal
all the relevant material, without reservation. Our special thanks
go to the coordinator of the commission, Judge David Bartov, who
showed great capability in handling the administrative aspects of
the commission's work and without whose enterprise and devoted and
efficient work it is very doubtful whether we would have succeeded
in properly carrying out our task. Our appreciation and gratitude go
also to the staff investigators, Dorit Beinish, Edna Arbel and Alex
Ish-Shalom, who, by virtue of their expertise, initiative and
dedication, succeeded in placing at our disposal much material which
served as the basis of the commission's deliberations and findings.
Similarly, our thanks go to the entire staff of commission
employees, whose loyalty and faithfulness enabled us to carry out
and complete our task. A Description of the Events The Period Before
the Events in Beirut In 1975, civil war broke out in Lebanon. This
war began with clashes in Sidon between the Christians and
Palestinian terrorists and subsequently widened in a manner to
encompass many diverse armed forces - under the auspices of ethnic
groups, political parties, and various organizations - that were
active in Lebanon. In its early stages, this war was waged primarily
between the Christian organizations on the one hand, and Palestinian
terrorists, Lebanese leftist organizations, and Muslim and Druze
organizations of various factions on the other. In the course of the
civil war, Syrian army forces entered Lebanon and took part in the
war, for a certain period of time on the side of the Christian
forces, and subsequently on the side of the terrorists and the
Lebanese leftist organizations. During the early years of the war,
massacres on a large scale were perpetrated by the fighting forces
against the civilian population. The Christian city of Damour was
captured and destroyed by Palestinian terrorists in January 1976.
The Christian residents fled the city, and the conquering forces
carried out acts of slaughter that cost the lives of many
Christians. In August 1976, the Christian forces captured the Tel
Zaatar refugee camp in Beirut, where Palestinian terrorists had dug
in, and thousands of Palestinian refugees were massacred. Each
massacre brought in its wake acts of revenge of a similar nature.
The number of victims of the civil war has been estimated at close
to 100,000 killed, including a large number of civilians, among them
women and children. The Palestinians' armed forces organized and
entrenched themselves in camps inhabited by refugees who had arrived
in Lebanon in various waves, beginning in 1948. There are various
estimates as to the number of Palestinian refugees who were living
in Lebanon in 1982. According to the figures of U.N.R.W.A. (the
United Nations Relief and Works Agency), the Palestinian refugees
numbered approximately 270,000. On the other hand, the leaders of
the Christian armed forces estimated the number of Palestinian
refugees at approximately 500,000 or more. This estimate is most
probably exaggerated, and the more realistic estimate is the one
that puts the number of Palestinian refugees at approximately
300,000 - and in any case, not more than 400,000. The main Christian
armed force that took part in the civil war consisted mainly of
Maronite Christians, though a small number of Shiites joined them.
This force comprised several armed Christian organizations, the
largest among them being the organizations under the leadership of
the Chamoun family and of the Jemayel family. The head of the
Jemayel family, Mr. Pierre Jemayel, founded the Phalangist
organization; and the leader of this organization in recent years
was Pierre's son, Bashir Jemayel. In the course of time, the
Phalangist organization became the central element in the Christian
forces; in 1982, the Phalangists ruled the Christian armed forces.
Even though the "Lebanese Forces" formally comprised
several Christian organizations, the dominant and primary force in
this organization, at the time under our scrutiny, was the
Phalangists, led by the Jemayel family. When the war broke out in
Lebanon in June 1982, the Phalangist force included a nucleus of
approximately 2,000 full-time recruited soldiers. In addition, the
Phalangists had a reserve armed force - that is, men who served
part-time in their free hours or when they were called up for
special service. When fully mobilized, the number of Phalangist
soldiers reached 5,000. Similarly, the Phalangists had militias in
the villages. There were no ranks in this military force, but it was
organized along military lines, with Bashir Jemayel as the military
and political leader who enjoyed unimpeachable authority. The
Phalangists had a general staff comprised of several commanders. At
the head of this general staff was a commander named Fadi Frem; at
the head of the Phalangists' intelligence division was a commander
by the name of Elie Hobeika. The link between the Christian forces
and the State of Israel was formed shortly after the start of the
civil war. In the course of time, this link grew stronger, from both
political and military standpoints. The Christian forces were
promised that if their existence were to become endangered, Israel
would would come to their aid. Israel extended significant aid to
the Christian armed forces, supplying arms, uniforms, etc., and also
training and instruction, Over the course of time, a considerable
number of meetings were held between leaders of the Phalangists and
representatives of the Government of Israel and the I.D.F. In the
course of these meeting, the ties between the leaders of the two
sides grew stronger. The Institute for Intelligence and Special
Assignments (henceforth, the Mossad) was made responsible for the
link with the Phalangists; and representatives of the Mossad
maintained - at various times, and in various ways - a rather close
connection with the Phalangist leadership. In the course of these
meetings, the Phalangist leaders brought up various plans for
strengthening the Christian forces' position, as well as various
ways of bringing about the end of the civil war in Lebanon and
restoring the independence of that nation, while [simultaneously]
buttressing the status of the Phalangists and those allied with them
in a regime that would be established in Lebanon. Israel's
representatives expressed various reservations with regard to these
plans and Israel's involvement in their realization. A separate
armed force is the military force in South Lebanon - the "Army
of Free Lebanon" under the command of Major Haddad. This force
comprises several hundred full-time soldiers. In addition, there is
in South Lebanon a National Guard, which, under the command of local
officers, does guard duty in the villages. Relations between the
Phalangists and Haddad's men are not particularly close, for various
reasons, and there were points of tension between these two forces.
In 1982, soldiers of both Major Haddad and the Phalangists wore
uniforms provided by Israel - and similar to those worn by the
I.D.F. The Phalangists' uniforms bore an emblem consisting of the
inscription "Ketaib Lubnaniyeh" and the drawing of the
cedar, embroidered over the shirt pocket. Major Haddad's soldiers
had an emblem on the epaulet inscribed with the words "Army of
Free Lebanon" in Arabic and the drawing of a cedar. During the
war, Haddad's force advanced and reached the Awali River. Pursuant
to I.D.F. orders, Haddad's army did not proceed north of the Awali
River. The subject of the Palestinian population in Lebanon, from
among whom the terrorist organizations sprang up and in the midst of
whom their military infrastructure was entrenched, came up more than
once in meetings between phalangist leaders and Israeli
representatives. The position of the Phalangist leaders, as
reflected in various pronouncements of these leaders, was, in
general, that no unified and independent Lebanese state could be
established without a solution being found to the problem of the
Palestinian refugees, who, according to the Phalangists' estimates,
numbered half a million people. In the opinion of the Phalangists,
that number of refugees, for the most part Muslims, endangered
[both] the demographic balance between the Christians and Muslims in
Lebanon and (from other standpoints as well) the stability of the
State of Lebanon and the status of the Christians in that country.
Therefore, the Phalangist leaders proposed removing a large portion
of the Palestinian refugees from Lebanese soil, whether by methods
of persuasion or other means of pressure. They did not conceal their
opinion that it would be necessary to resort to acts of violence in
order to cause the exodus of many Palestinian refugees from Lebanon.
As we have said, the Mossad was the organization that actually
handled the relations between the Phalangists and Israel, and its
representatives maintained close contacts with the Phalangist
leadership. In addition, the Intelligence branch of the I.D.F.
(henceforth Military Intelligence) participated, albeit in a more
limited capacity, in the contacts with the Phalangists; and it, by
virtue of its job, was to issue a not insignificant number of
evaluation papers on the Phalangists, their leaders, their aims,
their fighting ability, etc. The division of labor between the
Mossad and Military Intelligence with regard to the Phalangists, was
spelled out in a document (exhibit 189). While this division of
duties left room for misunderstandings and also duplication in
various areas, there is no room for doubt that both the Mossad and
Military Intelligence specifically dealt with drawing up evaluations
on the Phalangists, and each one of them was obligated to bring
these evaluations to the attention of all interested parties.
Neither the head of the Mossad nor the director of Military
Intelligence disagreed with this in his testimony before us. From
the documents submitted to us and the testimony we heard, it emerges
that there were differences of opinion between the Mossad and
Military Intelligence with regard to the relations with the
Phalangists. The Mossad, to a not inconsiderable extent under the
influence of constant and close contact with the Phalangist elite,
felt positively about strengthening relations with that
organization, though not ignoring its faults and weaknesses. This
approach of the Mossad came out clearly in the testimony we heard
from the person who was in charge of the Mossad's contacts with the
Phalangists. The head of the Mossad, in his testimony before us on
27.12.82, said, inter alia (p. 1437), that "the Mossad tried,
to the best of its ability, throughout this period, to present and
approach the subject as objectively as possible; but since it was in
charge of the contacts, I accept as an assumption that subjective,
and not only objective, relations also emerged. I must accept that
in contacts, when you talk to people, relationships are
formed." In contrast, Military Intelligence was to emphasize in
its evaluations the danger in the link with the Phalangists,
primarily because of this organization's lack of reliability, its
military weakness, and other reasons we need not specify here. A
characteristic expression of the difference in approach between
these two agencies, whose responsibility it was to provide
evaluations on the Phalangists and the desirability of relations
with them, can be found in the exchange of documents when one of the
intelligence officers (henceforth intelligence officer A, whose full
name appears in the list of names in section I of Appendix B) who
served as a liaison officer on behalf of Military Intelligence in
the Mossad's representation at Phalangist headquarters at the
beginning of the war submitted an assessment (exhibit 171) on
cooperation with the Phalangists. This Military Intelligence officer
rendered a negative evaluation, from Israel's standpoint, of the
Phalangists' policy during the war and their aims for the future.
This criticism was vigorously rejected by the Mossad (exhibit 172).
The "Peace for the Galilee" war (henceforth the war) began
on 6.6.82 On 12-14 June, J.D.F. forces took over the suburbs of
Beirut and linked up with the Christian forces who controlled East
Beirut. On 25 June the encirclement of West Beirut was completed and
I.D.F. forces were in control of the Beirut-Damascus road. There
followed a period of approximately one and a half months of
negotiations on the evacuation of the terrorists and the Syrian
forces from West Beirut, and during this time various targets in
West Beirut were occasionally shelled and bombed by the I.D.F.'s,
Air Force and artillery. On 19.8.82 the negotiations on the
evacuation of the terrorists and the Syrian forces from West Beirut
were completed On 23.8.82 Bashir Jemayel was elected president of
Lebanon. His term of office was supposed to begin on 23 September
1982. On 21-26 August, a multi-national force arrived in Beirut, and
the evacuation of the terrorists and the Syrian forces began. The
evacuation was completed on I September; however, according to
information from various sources, the terrorists did not fulfill
their obligation to evacuate all their forces from West Beirut and
hand their weapons over to the Lebanese army but left in West
Beirut, according to various estimates, approximately 2,000
fighters, as well as many arms caches, some of which were handed
over by the terrorists to the Lebanese leftist militia
"Mourabitoun." This militia numbered approximately 7,000
men in west Beirut, and it cooperated with the terrorists. After the
evacuation was completed, the multi-national force left Lebanon (10-
12 September 1982; cf. section 2 of Appendix A for dates of stages
of the war). At the beginning of the war, the Chief of Staff
[Lt.-Gen. Rafael Eitan] told the Phalangists that they should
refrain from all fighting. This order was issued because of the fear
that if the Phalangists' force got into trouble while fighting, the
I.D.F. would be forced to come to its aid, thereby disrupting the
I.D.F.'s plan of action. Even after I.D.F. forces reached the
Damour-Shouf line, the I.D.F.'s orders were that the Phalangists
would not participate in fighting (testimony of the Chief of Staff,
pp. 195-6). After I.D.F. forces reached the area under Christian
control, the Phalangist commanders suggested that a company of
theirs of approximately 300 men set up a training base at a place
called Beit Ad-Din, a site of historical importance in Lebanon. The
Chief of Staff agreed to this, but made his agreement conditional on
the Phalangist forces' exercising restraint and discipline, as the
area was Druze. At first, this condition was honored; afterwards,
there were outbursts of hostilities between the Phalangists and the
Druze in Beit Ad Din. The Druze committed some murders, and the
Phalangists took revenge; a small I.D.F. force was stationed in the
area in order to prevent such actions. In the early stages of the
war there were also some acts of revenge and looting on the part of
the Christians in Sidon; these were stopped by the I.D.F. When
I.D.F. forces were fighting in the suburbs of Beirut and along the
Beirut-Damascus road, the Phalangists were asked to cooperate with
the I.D.F.'s actions by identifying terrorists, a task at which the
Phalangists' expertise was greater than that of the Israeli security
forces. During these actions there were generally no acts of
vengeance or violence against the Palestinian civilian population by
the Phalangists who were operating with the I.D.F. Another action of
the Phalangists' military force was the capture of the technical
college in Reihan, a large building in Beirut not located in a
built-up area. The Phalangists captured this place from the armed
Shiite organization "Amal." One day after the place was
taken, the Phalangists turned the building over to the I.D.F. and
left the site (testimony of the Chief of Staff, pp. 198-200). The
fighting actions of the Phalangists during that time were few, and
in effect the fighting was all done by I.D.F. forces alone. This
state of affairs aroused criticism and negative reactions from the
Israeli public, and among I.D.F. soldiers as well. This
dissatisfaction was expressed in various ways; and in the political
echelon, as well as in the media, there was amazement that the
Phalangists were not participating in the fighting, even though the
war was their battle as well, and it was only right that they should
be taking part in it. The feeling among the Israeli public was that
the I.D.F. was "pulling the chestnuts out of the fire" for
the Phalangists. As the number of I.D.F. casualties mounted, public
pressure for the Phalangists to participate in real fighting
increased. The plan formulated in mid-June 1982, when it was still
uncertain whether the terrorists would agree to leave West Beirut,
was that the Christian forces would fight to take control of West
Beirut; the I.D.F. would not take part in that operation; and only
in the event that it became necessary would the I.D.F. help out the
Phalangists with long-range artillery fire. This plan was discussed
in the Cabinet meeting of 15.6.82, where it was proposed by the
Prime Minister, and his proposal was adopted by the Cabinet, namely,
that I.D.F. forces would not enter West Beirut, and this job was to
be done by other forces (meaning the Phalangists) with help they
would be given by the I.D.F. (transcript of the Cabinet meeting of
15.6.82, exhibit 53). Even after this resolution, no real fighting
was done by the Phalangists for the purpose of extending control
over West Beirut; and, as we have said, eventually the terrorists
were evacuated as the result of a political agreement, after the
I.D.F. had shelled various targets in West Beirut. In all the
testimony we have heard, there has been unanimity regarding [the
fact] that the battle ethics of the Phalangists, from the standpoint
of their attitude to non-combatants, differ greatly from those of
the I.D.F. It has already been noted above that in the course of the
civil war in Lebanon, many massacres had been perpetrated by the
various forces that had taken part in the fighting. When the war
began in June 1982, the prevailing opinion among the Mossad agents
who had maintained contacts with the Phalangist leadership was that
the atrocities and massacres were a thing of the past, and that the
Phalangist forces had reached a stage of political and
organizational maturity that would ensure that such actions would
not repeat themselves. This opinion was based both on personal
impressions of the character of the Phalangist leadership, as well
as on the recognition that the interest of the Phalangist elite to
eventually rule an independent Lebanese nation, half or more of
whose population is Muslim and would be interested in maintaining
relations with the Arab world, requires moderations of actions
against Palestinians and restraint as to modes of operation. At the
same time, there were various facts that were not compatible with
this outlook. During the meetings that the heads of the Mossad held
with Bashir Jemayel, they heard things from him that left no room
for doubt that the intention of this Phalangist leader was to
eliminate the Palestinian problem in Lebanon when he came to power -
even if that meant resorting to aberrant methods against the
Palestinians in Lebanon (testimony on pps. 16, 17, and 168 of the
transcripts; exhibit 85 of 30 June 1982, clause 14 - section 2 of
Appendix B). Similar remarks were heard from other Phalangist
leaders. Furthermore, certain actions of the Phalangists during the
war indicated that there had been no fundamental change in their
attitude toward different segments of the Lebanese population, such
as Druze and Palestinians, whom the Phalangists considered enemies.
There were reports of Phalangist massacres of women and children in
Druze villages, as well as the liquidation of Palestinians carried
out by the intelligence unit of Elie Hobeika (testimony no. 105 of
intelligence officer B before the staff investigators, part of which
appears in section 3 of Appendix B; also, a document which mentions
the Phalangist attitude toward terrorists they had taken prisoner -
section 4 of Appendix B, exhibit 39). These reports reinforced the
feeling among certain people - and especially among experienced
intelligence officers - that in the event that the Phalangists had
an opportunity to massacre Palestinians, they would take advantage
of it. The Assassination of Bashir Gemayel and the I.D.F.'s entry
into West Beirut On Tuesday afternoon, 14.9.82, a large bomb
exploded in a building in Ashrafiyeh, Beirut, where Bashir Jemayel
was [meeting] with a group of commanders and other Phalangists. For
the first few hours after the explosion, it was not clear what had
happened to Bashir, and there were rumors that he had only been
slightly wounded. Word of the attempt on his life reached the Prime
Minister, the Defense Minister, the Chief of Staff, the director of
Military Intelligence [Major General Yehoshua Saguy] and others in
the early hours of the evening. During the evening, before it became
clear what had befallen Bashir, the Defense Minister spoke with the
Chief of Staff, the director of Military Intelligence, the head of
the Mossad, and the head of the General Security Services about
possible developments. He also spoke a number of times with the
Prime Minister. Moreover, there were a number of conversations that
evening between the Prime Minister and the Chief of Staff. Word of
Bashir's death reached Israel at about 11.00 p.m., and it was then
that the decision was taken in conversations between the Prime
Minister and the Minister of Defense and between the Prime Minister
and the Chief of Staff - that the I.D.F. would enter West Beirut. In
one of the consultations between the Minister of Defense and the
Chief of Staff, there was mention of including the Phalangists in
the entry into West Beirut. The question of including the
Phalangists was not mentioned at that stage in conversations with
the Prime Minister. Once the decision was made to have the I.D.F.
enter West Beirut, the appropriate operational orders were issued.
Order Number I was issued at 12.20 a.m. on the night between 14.9.82
and 15.9.82, Orders Number 2 and 3 were issued on Wednesday,
15.9.82, and Order Number 4 was issued that same day at 2.00 p.m.;
Order Number 5 was issued at 3.00 a.m. on 16.9.82; and Order number
6 was issued on the morning of 16.9.82. The first five orders said
nothing about entering the refugee camps, and only in Order Number 6
were the following things stated (clause 2, document no. 6, exhibit
14): "The refugee camps are not to be entered. Searching and
mopping up the camps will be done by the Phalangists/ Lebanese
Army." Clause 7 of the same order also states that the Lebanese
Army "is entitled to enter any place in Beirut, according to
its request." Execution of the I.D.F.'s entry into West Beirut
began during the early morning hours of 15.9.82. On the night
between 14.9.82 and 15.9.82, the Chief of Staff flew to Beirut with
a number of people and met there with the G.O.C. Northern Command
[Major General Amir Drori] and with the commander of the division
(henceforth the division). Afterwards, the Chief of Staff, together
with the people accompanying him, went to the Phalangists'
headquarters, where, according to his testimony (p. 210), he ordered
the Phalangist commanders to effect a general mobilization of all
their forces, impose a general curfew on all the areas under their
control, and be ready to take part in the fighting. The response of
the Phalangist commanders who took part in that meeting was that
they needed 24 hours to organize. The Chief of Staff requested that
a Phalangist liaison officer come to the place where the division's
forward command post was located (henceforth forward command post)
under the command of Brigadier-General Amos Yaron. At that meeting,
the Phalangist commanders were told by the Chief of Staff that the
I.D.F. would not enter the refugee camps in West Beirut but that the
fighting this entails would be undertaken by the Phalangists (Chief
of Staff's testimony, p. 211). The Chief of Staff testified that the
entry of the Phalangists into the refugee camps was agreed upon
between the Minister of Defense and himself at 8.30 p.m. on the
previous evening. The camps in question were Sabra and Shatilla.
After the meeting in the Phalangists' camps, the Chief of Staff went
to the forward command post. The forward command post was located on
the roof of a five-storey building about 200 meters southwest of the
Shatilla camp. The borders of the two camps were not defined
exactly. The Sabra camp extended over an area of some 300 x 200
meters and Shatilla over an area of about 500 x 500 meters
(testimony of the deputy assistant to the director of Military
Intelligence, p. 29). The two camps were essentially residential
neighborhoods containing, in the area entered by the Phalangists, as
will be stated below, low permanent structures along narrow alleys
and streets. From the roof of the forward command post it was
possible to see the area of the camps generally but - as all the
witnesses who visited the roof of the command post stated, and these
were a good number of witnesses whose word we consider reliable - it
was impossible to see what was happening within the alleys in the
camp from the roof of the command post, not even with the aid of the
20 x 120 binoculars that were on the command post roof. Appended to
this report are an aerial photograph and map of the area of the
camps, as well as a general map of Beirut (sections 3, 4, and 5 of
Appendix A). It was not possible to obtain exact details on the
civilian population in the refugee camps in Beirut. An estimate of
the number of refugees in the four refugee camps in west Beirut
(Burj el-Barajneh, Fakahni, Sabra and Shatilla) is about 85,000
people. The war led to the flight of the population, but when the
fighting subsided, a movement back to the camps began. According to
an inexact extimate, in mid-September 1982 there were about 56,000
people in the Sabra camp (protocol, p. 29), but there is no
assurance that this number reflects reality. The Chief of Staff was
in the forward command post from the early morning hours of
Wednesday, 15.9.82. The I.D.F. began to enter west Beirut shortly
after 6:00 a.m. During the first hours of the I.D.F. entry, there
was not armed resistance to the I.D.F. forces, evidently because the
armed forces that were in West Beirut were taken by surprise. Within
a few hours, the I.D.F. forces encountered fire from armed forces
that remained in a number of places in west Beirut, and combat
operations began. The resistance caused delays in the I.D.F.'s
taking over a number of points in the city and caused a change in
the route of advance. In the course of this fighting three I.D.F.
soldiers were killed and more than 100 were wounded. Heavy fire
coming out of Shatilla was directed at one I.D.F. battalion
(henceforth the battalion) advancing east of Shatilla. One of the
battalion's soldiers was killed, 20 were injured, and the advance of
the battalion in this direction was halted. Throughout Wednesday and
to a lesser degree on Thursday and Friday (16-17.9.82), R.P.G. and
light-weapons fire from the Sabra and Shatilla camps was directed at
the forward command post and the battalion's forces nearby, and fire
was returned by the I.D.F. forces. On Wednesday, 15.9.82, the
Minister of Defense arrived at the forward command post between 8:00
and 9:00 a.m. He met with the Chief of Staff there, and the latter
reported on what had been agreed upon with the Phalangists, namely,
a general mobilization, curfew, and the entry of the Phalangists
into the camps. The Minister of Defense approved this agreement.
From the roof of the command post, the Minister of Defense phoned
the Prime Minister and informed him that there was no resistance in
Beirut and that all the operations were going along well. During the
aforementioned meeting between the Minister of Defense and the Chief
of Staff, present on the roof of the forward command post were the
Defense Minister's aide, Mr. Avi Dudai; the director of Military
Intelligence, who came to this meeting together with the Minister of
Defense; representative A of the Mossad (his full name appears in
the list of names, section 1, Appendix B); Major-General Drori;
Brigadier-General Yaron; Intelligence officer B; the head of the
General Security Services; Deputy Chief of Staff Major-General Moshe
Levi; and other I.D.F. officers who were accompanying the Minister
of Defense. Dudai recorded in his notebook what was said and agreed
upon at that meeting. According to Dudais testimony, he later copied
these notes into another notebook, pages of which were presented
before us (exhibit 103). These notes stated, inter alia, that the
Phalangists were to be sent into the camps. The Minister of Defense
spoke with the Prime Minister twice from the roof of the command
post. According to the record of these conversations (exhibits 100
and 101), in one of them the wording of the I.D.F. Spokesman's
announcement was agreed upon as follows: "Following the murder
of President-elect Bashir Jemayel, I.D.F. forces entered West Beirut
tonight to prevent possible grave occurrences and to ensure quiet.
"The entry of the I.D.F. forces was executed without
resistance." From the forward command post the Minsiter of
Defense went to the Phalangist headquarters. A record was made of
this meeting, which was attended by a number of Phalangist
commanders as well as the Minister of Defense, the director of
Military Intelligence, the head of the General Security Services and
representatives of the Mossad (exhibit 79). At that meeting, the
Minister of Defense stated, inter alia, that the I.D.F. would take
over focal points and junctions in West Beirut, but that the
Phalangist army would also have to enter West Beirut after the
I.D.F. and that the Phalangist commanders should maintain contact
with Major-General Drori, G.O.C. Northern Command, regarding the
modes of operation. A record of this meeting was made by
Intelligence officer B (exhibit 28). From there the Minister of
Defense went to Bikfaya, to the Jemayel family home, to pay a
condolence call. From the meeting with the Jemayel family in
Bikfaya, the Minister of Defense went to the airport, and on the way
he met with Major-General Drori at a gas station. This meeting took
place in the presence of a number of people, including the director
of Military Intelligence, the head of the General Security Services,
Mr. Duda'i, and the bureau chief of the director of Military
Intelligence, Lieutenant-Colonel Hevroni. The situation of the
forces was discussed at this meeting, and Major-General Drori
reported on the course of events during the I.D.F.'s entry into West
Beirut. From there the Minister of Defense went on to the airport
and met there with the Chief of Staff and the Deputy Chief of Staff
at about 2:00 p.m., after which the Minister of Defense returned to
Israel. That same day, 15.9.82, while the Minister of Defense was in
Beirut, a meeting took place at 11:30 a.m. in the Prime Minister's
Office between the Prime minister and others from the American
embassy in Israel. During that meeting (protocol of the meeting,
exhibit 120), the Prime Minister informed Mr. Draper that I. D.F.
forces had entered West Beirut beginning in the morning hours, that
there were no real clashes, that the I.D.F. action was undertaken in
order to prevent certain possible events, and that we were concerned
that there might be bloodshed even during the night. The Prime
Minister also said that the Phalangists were behaving properly;
their commander had not been injured in the assassination and was in
control of his forces; he is a good man and we trust him not to
cause any clashes, but there is no assurance regarding other forces.
He added that the primary immediate task was to preserve quiet, for
as long as quiet is maintained it will be possible to talk;
otherwise there might have been pogroms, and the calm was preserved
for the time being (exhibit 120). At 4:00 p.m. on Wednesday,
15.9.82, a briefing took place at the office of the Deputy Chief of
Staff with the participation of the I.D.F. branch heads, including
the assistant for research to the director of Military Intelligence.
The meeting began with a review by the assistant for research to the
director of Military Intelligence of possible political developments
in Lebanon following the death of Bashir Jemayel. He stated, inter
alia (page 4 of the transcript of the discussion, exhibit 130), that
the I.D.F.'s entry into West Beirut was perceived as vital not only
by the Christians but also by the Muslims, who regarded the I.D.F.
as the only factor that could prevent bloodshed in the area and
protect the Sunni Muslims from the Phalangists. The Intelligence
officer also stated that according to what was known to Military
Intelligence, the attack on Bashir was carried out by the
Mourabitoun, though that was not certain. During the meeting, the
head of Operations Department announced that the Phalangists
"are encouraging entry into the camps" (p. 7 of exhibit
130). The Deputy Chief of Staff reported his impressions of the
meeting at Phalangist headquarters in Beirut that day and said that
the intention was to send the Phalangists into the refugee camps and
afterwards perhaps into the city as well. He added that this
"might create an uproar," because the armed forces in West
Beirut that were then quiet might stir up a commotion upon learning
that Phalangists are coming in behind the I.D.F. (page 11, exhibit
130). At 6:00 p.m. the Minister of Defense spoke with the Prime
Minister from his home and reported (exhibit 99) that by evening the
I.D.F. would be in all the places; that he had conveyed the Prime
Minister's words to Pierre Jemayel; and that "everything is in
order" and the decision made on the previous night to send the
I.D.F. into Beirut had been most important and [indeed] should not
have been delayed. The Chief of Staff remained at the forward
command post in Beirut and followed the development of the I.D.F.
actions from there. On that day the Phalangist officers did not
arrive at the forward command post to coordinate operations, but
Major-General Drori met with them in the evening and told them
generally that their entry into the camps would be from the
direction of Shatilla. Major-General Drori, who was not at ease with
the plan to send the Phalangists into the camps, made an effort to
persuade the commanders of the Lebanese Army that their forces
should enter the camps and that they should prevail upon the Prime
Minister of Lebanon to agree to this move. The reply of the Lebanese
Army at the time was negative. In the early morning hours of
Thursday, 16.9.82, the Chief of Staff left the forward command post
and returned to Tel Aviv. That same morning, in the wake of
political pressure, an order was issued by the Minister of Defense
to halt the I.D.F.'s combat operations; but after a short time the
Minister of Defense rescinded the order. At 10:00 a.m. the Minister
of Defense held a consultation in his office with the Chief of
Staff; the director of Military Intelligence, Brigadier-General Y.
Saguy; Lieutenant-Colonel Zecharin, the Chief of Staffs bureau
chief; and Mr. Dudai (exhibit 27 is a record of what was said at
that meeting). The meeting was opened by the Chief of Staff, who
announced that "the whole city is in our hands, complete quiet
prevails now, the camps are closed and surrounded; the Phalangists
are to go in at 11:00-12:00. Yesterday we spoke to them... The
situation now is that the entire city is in our hands, the camps are
all closed." Later on in his statement, while pointing to a
map, the Chief of Staff stated that the areas marked on the map were
in the hands of the 1. D. F. and that the Fakahani, Sabra, and
Shatilla camps were surrounded. He also said that if the Phalangists
came to a coordinating session and wanted to go in, it was agreed
with them that they would go in and that the Lebanese Army could
also enter the city wherever it chose. At this discussion, the
Minister of Defense spoke of the heavy American pressure to have the
I.D.F. leave West Beirut and of the political pressure from other
sources. In the course of the meeting, the Chief of Staff repeated a
number of times that at that moment everything was quiet in West
Beirut. As for going into the camps, the Minister of Defense stated
that he would send the Phalangists into the refugee camps (p. 5,
exhibit 27). At the time of the consultation, the Minister of
Defense informed the Prime Minister by phone that "the fighting
has ended. The refugee camps are surrounded. The firing has stopped.
We have not suffered any more casualties. Everything is calm and
quiet. Sitting opposite me is the chief of Staff, who has just come
from there. All the key points are in our hands. Everything's over.
I am bringing the Chief of Staff to the Cabinet meeting. That's the
situation as of now..." After this conversation, the Chief of
Staff reported on the contacts during the night of 14.9.82 with the
members of the Mourabitoun, in which the members of this militia
said that they were unable to hide, that they were Lebanese, and
that they would undoubtedly all be killed by the Phalangists,
whether immediately or some time later. The Chief of Staff added
that "there's such a dual kind of situation that they're
confused. They're seething with a feeling of revenge, and there
might have been rivers of blood there. We won't go into the refugee
camps" (p. 7, exhibit 27). As stated, participating in this
consultation was the director of Military Intelligence, who in the
course of the discussion stated a number of things that appear in
the aforementioned record. The commanders of the Phalangists arrived
for their first coordinating session regarding the entry of their
forces into the camps at about 11:00 a.m. on Thursday, 16.9.82, and
met with Major-General Drori at the headquarters of one of the
divisions. It was agreed at that meeting that they would enter the
camps and coordinate this action with Brigadier-General Yaron,
commander of the division. This coordination between
Brigadier-General Yaron and the Phalangist commanders would take
place on Thursday afternoon at the forward command post. It was
likewise agreed at that meeting that a company of 150 fighters from
the Phalangist force would enter the camps and that they would do so
from south to north and from west to east. Brigadier-General Yaron
spoke with the Phalangists about the places where the terrorists
were located in the camps and also warned them not to harm the
civilian population. He had mentioned that, he stated, because he
knew that the Phalangists' norms of conduct are not like those of
the I.D.F. and he had had arguments with the Phalangists over this
issue in the past, Brigadier-General Yaron set up lookout posts on
the roof of the forward command post and on a nearby roof even
though he knew that it was impossible to see very much of what was
going on in the camps from these lookouts. An order was also issued
regarding an additional precautionary measure whose purpose was to
ascertain the actions of the Phalangist forces during their
operation in the camps (this measure is cited in section 5, Appendix
B). It was also agreed that a Phalangist liaison officer with a
communications set would be present at all times on the roof of the
forward command post - in addition to the Mossad liaison officer at
the Phalangist headquarters. The Phalangist unit that was supposed
to enter the camps was an intelligence unit headed, as we have said,
by Elie Hobeika. Hobeika did not go into the camps with his unit and
was on the roof of the forward command post during the night
(testimony of Brigadier-General Yaron, p. 726). This unit was
assigned the task of entering the camps at that time for two
reasons, first - since the ... Phalangists had difficulty recruiting
another appropriate force till then; second - since the members of
this unit were considered specially trained in discovering
terrorists, who tried to hide among the civilian population. On
16.9.82 a document was issued by the Defense Minister's office,
signed by the personal aide to the Defense Minister, Mr. Avi Dudai,
which contained "The Defense Minister's Summary of 15 September
1982." This document is (exhibit 34) a summary of the things
which Mr. Dudai had recorded during his visit with the Defense
Minister in Beirut on 15.9.82, as detailed above. In various
paragraphs of the document there is mention of the Defense
Minister's instructions regarding the entry into West Beirut. The
instruction in paragraph F. is important to the matter at had; it is
stated there: "F. Only one element, and that is the I.D.F.,
shall command the forces in the area. For the operation in the camps
the Phalangists should be sent in." The document is directed to
the Chief of Staff, the Deputy Chief of Staff and the director of
Military Intelligence. The document was received at the office of
the director of Military Intelligence, according to the stamp
appearing on the copy (exhibit 35), on 17.9.82. In the testimonies
we have heard, different interpretations were given to the
instruction that only the I.D.F. command the forces in the area.
According to one interpretation, and this is the interpretation
given the document by the Chief of Staff (p. 257), the meaning of
the instruction is that in contacts with external elements, and
especially with the Phalangists, only the I.D.F., and not another
Israeli element, such as the Mossad, will command the forces in the
area - but this does not mean that the Phalangist force will be
under the command of the I.D.F. On the other hand, according to the
interpretation given the document by the director of Military
Intelligence (pp. 127, 1523), the meaning is that all forces
operating in the area, including the Phalangists, will be under the
authority of the I.D.F. and will act according to its instructions.
The entry of the Phalangists into the camps began at about 18.00 on
Thursday, 16.9.82 At that time there were armed terrorist forces in
the camps. We cannot establish the extent of these forces, but they
possessed various types of arms, which they used - even before the
entry of the Phalangists - against I.D.F. forces that had approached
the area, as well as against ' the I.D.F. headquarters at the
forward command post. It is possible to determine that this armed
terrorist force had not been evacuated during the general
evacuation, but had stayed in the camps for two purposes, which were
- renewal of underground terrorist activity at a later period, and
to protect the civilian population which had remained in the camps,
keeping in mind that given the hostility prevailing between the
various sects and organizations, a population without armed
protection was in danger of massacre. It should be added here that
during the negotiations for evacuation, a guarantee for the safety
of the Muslims in West Beirut was given by the representative of the
United States who conducted the negotiations, following assurances
received from the government of Israel and from Lebanon. Meanwhile,
as we have said, the multi-national force left Lebanon, and all the
previous plans regarding the control of West Beirut by the Lebanese
government were disrupted due to the assassination of
President-elect Bashir Jemayel. The Events from the Entry of the
Phalangists into the Sabra and Shatilla Camps until their Departure
On Thursday, 16.9.82, at approximately 18:00 hours, members of the
Phalangists entered the Shatilla camp from the west and south. They
entered in two groups, and once they had passed the battery
surrounding the camps their movements within the camps were not
visible from the roof of the forward command post or from the
observation sites on other roofs. The Divisional Intelligence
Officer tried to follow their movements using binoculars which he
shifted from place to place, but was unable to see their movements
or their actions. With the entry of the Phalangists into the camps,
the firing which had been coming from the camps changed direction;
the shooting which had previously been directed against the I.D.F.
now shifted in the direction of the Phalangists' liaison officer on
the roof of the forward command post. G. (his full name appears in
the list of names, Section 1, Appendix B) requested the I.D.F. to
provide illumination for the force which was moving in, since its
entry was taking place after dark. Initially, the illumination was
provided by a mortar company, and subsequently also by aircraft; but
because the illumination from the planes interfered with the
evacuation of casualties of an I.D.F. unit, this source of
illumination was halted; mortar illumination continued
intermittently throughout the night. At approximately 8:00 p.m., the
Phalangists' liaison officer, G., said that the Phalangists who had
entered the camps had sustained casualties, and the casualties were
evacuated from the camps. Major General Drori was at the forward
command post from approximately 7:30 p.m. and followed the fighting
as it was visible from the roof of the forward command post. He left
the site after 8:00 p.m. Several Intelligence Branch personnel,
headed by the Division Intelligence Officer, were in the building on
whose roof the forward command post was situated. The Intelligence
officer, who wanted to obtain information on the Phalangists'
activities, ordered that two actions be carried out to obtain that
information (these actions are detailed in Section 5, Appendix B).
No information was obtained in the wake of the first action. As a
result of the second action the Intelligence Officer received a
report according to which the Phalangists' liaison officer had heard
via radio from one of the Phalangists inside the camps that he was
holding 45 people. That person asked what he should do with the
people, and the liaison officer's reply was "Do the will of
God," or words to that effect. The Intelligence Officer
received this report at approximately 20:00 hours from the person on
the roof who heard the conversation. He did not convey the report to
anyone else, because an officers' briefing was scheduled to take
place at field headquarters shortly afterward. At about the same
time or slightly earlier, at approximately 7:00 p.m., Lieutenant
Elul, who was then serving as Chief of Bureau of the Divisional
Commander, overheard another conversation that took place over the
Phalangists' transmitter. According to Lt. Elul's testimony, while
he was on the roof of the forward command post, next to the
Phalangists' communications set, he heard a Phalangist officer from
the force that had entered the camps tell Elie Hobeika (in Arabic)
that there were 50 women and children, and what should he do. Elie
Hobeika's reply over the radio was: "This is the last time
you're going to ask me a question like that, you know exactly what
to do;" and then raucous laughter broke out among the
Phalangist personnel on the roof. Lieutenant Elul understood that
what was involved was the murder of the women and children.
According to his testimony, Brigadier General Yaron, who was also on
the forward command post roof then, asked him what he had overheard
on the radio; and after Lieutenant Elul told him the content of the
conversation, Brigadier General Yaron went over to Hobeika and spoke
with him in English for about five minutes (for Lt. Elul's
testimony, see pp. 1209-1210a). Lt. Elul did not hear the
conversation between Brigadier General Yaron and Hobeika. Brigadier
General Yaron, who was on the roof of the forward command post,
received from Lt. Elul a report of what he had heard. According to
Brigadier General Yaron's testimony, the report conveyed to him by
Lt. Elul stated that one of the Phalangists had asked the commander
what to do with 45 people, and the reply had been to do with them
what God orders you to do (testimony of Brigadier General Yaron, pp.
696 and 730). According to Brigadier General Yaron, he understood
from what he had heard that the reference was to 45 dead terrorists.
In his testimony, Brigadier General Yaron linked this report with
what he had heard in the update briefing that evening - which will
be discussed below - from the Divisional Intelligence Officer. From
Brigadier General Yaron's remarks in his testimony it emerges that
he regarded the two reports - from Lt. Elul and from the
Intelligence officer - as being one report from two different
sources. We have no doubt that in this instance there were two
different and separate reports. As noted the report which the
Intelligence Officer obtained originated in a conversation held over
the radio with Elie Hobeika. Although both reports referred to a
group of 45-50 persons, and it is, not to be ruled out that the
questions asked over the radios referred to the same group of
persons, it is clear, both from the fact that the replies given were
different in content - the reply of the liaison officer was to do
with the group of people as God commands, while Hobeika's reply was
different - that two different conversations took place regarding
the fate of the people who had fallen into the Phalangists' hands.
As noted, Brigadier General Yaron did not deny in his testimony that
Lt. Elul had translated for him and told him what he had heard when
the two of them were on the roof of the forward command post. We
have no reason to think that Lt. Elul did not inform Brigadier
General Yaron of everything he had heard. It is noteworthy that Lt.
Elul testified before us after Brigadier General Yaron had testified
and before the notices were sent in accordance with section 15(A) of
the law; and his statement to the Staff Investigators (no. 87) was
also given after Brigadier General Yaron's testimony. Brigadier
General Yaron did not testify again after the notice in accordance
with section 15(A) had been sent, nor was there any request on his
part to question Lt. Elul. We assert that Lt. Elul informed
Brigadier General Yaron of the content of the conversation which
took place with Elie Hobeika as specified above. An additional
report relating to the actions of the Phalangists in the camps
vis-a-vis the civilians there came from liaison officer G. of the
Phalangists. When he entered the dining room in the forward command
post building at approximately 8:00 p.m., that liaison officer told
various people that about 300 persons had been killed by the
Phalangists, among them also civilians. He stated this in the
presence of many I.D.F. officers who were there, including Brigadier
General Yaron. We had different versions of the exact wording of
this statement by Phalangist officer G., but from all the testimony
we have heard it is clear that he said that as a result of the
Phalangists' operations up to that time, 300 terrorists and
civilians had been killed in the camps. Shortly thereafter,
Phalangist officer G. returned to the dining room and amended his
earlier report by reducing the number of casualties from 300 to 120.
At 20:40 hours that evening an update briefing was held in the
forward command post building with the participation of various
I.D.F. officers who were in the building at that time, headed by
Brigadier General Yaron. The remarks made at that meeting were
recorded by a Major from the History Section in the Operations
Branch/ Training Section. We were given the tape recording and a
transcript thereof (exhibit 155). At the meeting Brigadier General
Yaron spoke of the I.D.F.'s progress and deployment, and about the
Phalangists' entry into the camps and the combing operations they
were carrying out. Following that briefing, the Divisional
Intelligence Officer spoke. In the course of his intelligence survey
regarding the terrorists and other armed forces in west Beirut, he
said the following (pp. 4 and 5 of the transcript, exhibit 155):
"The Phalangists went in today. I do not know what level of
combat they are showing. It is difficult to see it because it is
dark... The impression is that their fighting is not too serious.
They have casualties, as you know - two wounded, one in the leg and
one in the hand. The casualties were evacuated in one of their
ambulances. And they, it turns out, are pondering what to do with
the population they are finding inside. On the one hand, it seems,
there are no terrorists there, in the camp; Sabra camp is empty. On
the other hand, they have amassed women, children and apparently
also old people, with whom they don't exactly know what to do (Amos,
this refers back to our talk), and evidently they had some sort of
decision in principle that they would concentrate them together, and
lead them to some place outside the camps. On the other hand, I also
heard (from - the Phalangists' liaison officer G.)... that 'do what
your heart tells you, because everything comes from God. 'That is, I
do not -" At this point Brigadier General Yaron interrupted the
Intelligence Officer and the following dialogue ensued between them:
Brigadier General Yaron: "Nothing, no, no. I went to see him up
top and they have no problems at all. Intelligence Officer:
"People remaining in the field? Without their lives being in
any danger? Brigadier General Yaron: "It will not, will not
harm them." Following this exchange, the Intelligence Officer
went on to another subject. The Phalangists' actions against the
people in the camps were not mentioned again in this update
briefing. In his testimony, Brigadier General Yaron explained his
remark about his visit "with him up top and they have no
problems at all" by saying that he had spoken several times
that evening with the Phalangist officers on the roof of the forward
command post after he had heard the first report about 45 people and
also after the further report about 300 or 120 casualties; and even
though he had been skeptical about the reliability of these reports
and had not understood from them that children, women or civilians
had been murdered in massacres perpetrated by the Phalangists, he
had warned them several times not to harm civilians and had been
assured that they would issue the appropriate orders to that effect.
(pp. 731-732). Between approximately 22:00 hours and 23:00 hours the
Divisional Intelligence Officer contacted Northern Command, spoke
with the Deputy Intelligence Officer there, asked if Northern
Command had received any sort of report, was told in reply that
there was no report, and told the Deputy Intelligence officer of
Northern Command about the Phalangist officer's report concerning
300 terrorists and civilians who had been killed, and about the
amendment to that report whereby the number of those killed was only
120. The divisional Intelligence Officer asked the Deputy
Intelligence Officer of Northern Command to look into the matter
more thoroughly. Intelligence Officer A. was in the room while that
conversation took place, and when he heard about that report he
phoned Intelligence Branch Research at the General Staff, spoke with
two Intelligence Branch officers there and told them that Phalangist
personnel had so far liquidated 300 terrorists and civilians
(testimony of Intelligence Officer A., p. 576). He went on to add
that he had a heavy feeling about the significance of this report,
that he regarded it as an important and highly sensitive report
which would interest the senior responsible levels, and that this
was the kind of report that would prove of interest to the Director
of Military Intelligence personally. In the wake of these remarks,
the personnel in Intelligence Branch research of the General Staff
Branch who had been given the report carried out certain telephone
clarifications, and the report was conveyed to various persons. The
manner in which the report was conveyed and the way it was handled
are described in Section 6, Appendix B. Suffice it to note here that
a telephone report about this information was conveyed to Lt. Col.
Hevroni, Chief of Bureau of the director of Military Intelligence,
on 17.9.82 at 5:30 a.m. The text of the report, which was
distributed to various Intelligence units and, as noted, also
reached the office of the director of Military Intelligence, appears
in Appendix A of Exhibit 29 That document contained a marking,
noting that its origin lay with the forward command post of Northern
Command, that it was received on 16.9.82 at 23:20 hours, and that
the content of the report was as follows: "Preliminary
information conveyed by the commander of the local Phalangist force
in the Shatilla refugee camp states that so far his men have
liquidated about 300 people. This number includes terrorists and
civilians." The action taken in the wake of this report in the
office of the Director of Military Intelligence will be discussed in
this report below. On Thursday, 16.9.82, at 19:30 hours, the Cabinet
convened for a session with the participation of - besides the Prime
Minister and the Cabinet Ministers (except for 5 Ministers who were
abroad) - a number of persons who are not Cabinet members, among
them the Chief of Staff, the head of the Mossad and the director of
Military Intelligence. The subject discussed at that meeting was the
situation in Lebanon in the wake of the assassination of Bashir
Jemayel. At the start of the session, the Prime Minister reported on
the chain of events following the report about the attempt on
Bashir's life. The Minister of Defense then gave a detailed survey.
The Chief of Staff provided details about the I.D.F.'s operation in
West Beirut and about his meetings with Phalangist personnel. He
said, inter alia, that he had informed the Phalangist commanders
that their men would have to take part in the operation and go in
where they were told, that early that evening they would begin to
fight and would enter the extremity of Sabra, that the I.D.F. would
ensure that they did not fail in their operation but I.D.F. soldiers
would not enter the camps and would not fight together with the
Phalangists, rather the Phalangists would go in there "with
their own methods" (p. 16 of the minutes of the meeting,
Exhibit 122). In his remarks the Chief of Staff explained that the
camps were surrounded "by us," that the Phalangists would
begin to operate that night in the camps, that we could give them
orders whereas it was impossible to give orders to the Lebanese
Army, and that the I.D.F. would be assisted by the Phalangists and
perhaps also the Lebanese Army in collecting weapons. With respect
to the consequences of Bashir's assassination, the Chief of Staff
said that in the situation which had been created, two things could
happen. One was that the entire power structure of the Phalangists
would collapse, though as yet this had not occurred. Regarding the
second possibility, the Chief of Staff said as follows (pp. 21-22 of
Exhibit 122): "A second thing that will happen - and it makes
no difference whether we are there or not - is an eruption of
revenge which, I do not know, I can imagine how it will begin, but I
do not know how it will end. it will be between all of them, and
neither the Americans nor anyone else will be of any help. We can
cut it down, but today they already killed Druze there. What
difference does it make who or what? They have already killed them,
and one dead Druze is enough so that tomorrow four Christian
children will be killed; they will find them slaughtered, just like
what happened a month ago; and that is how it will begin, if we are
not there - it will be an eruption the likes of which has never been
seen; I can already see in their eyes what they are waiting for.
"Yesterday afternoon a group of Phalangist officers came, they
were stunned, still stunned, and they still cannot conceive to
themselves how their hope was destroyed in one blow, a hope for
which they built and sacrificed so much; and now they have just one
thing left to do, and that is revenge; and it will be
terrible." At this point the Chief of Staff was asked "if
there is any chance of knowing who did it, and to direct them at
whoever perpetrated the deed," and he continued: "There is
no such thing there. Among the Arabs revenge means that if someone
kills someone from the tribe, then the whole tribe is guilty. A
hundred years will go by, and there will still be someone killing
someone else from the tribe from which someone had killed a hundred
years earlier... "I told Draper this today, and he said there
is a Lebanese Army, and so on. I told him that it was enough that
during Bashir's funeral Amin Jemayel, the brother, said 'revenge';
that is already enough. This is a war that no one will be able to
stop. It might not happen tomorrow, but it will happen. "It is
enough that he uttered the word 'revenge' and the whole
establishment is already sharpening knives..." Toward the end
of his remarks, the Chief of Staff referred to a map and explained
that with the exception of one section everything was in the hands
of the I.D.F., the I.D.F. was not entering the refugee camps,
"and the Phalangists are this evening beginning to enter the
area between Sabra and Fakahani" (p. 25). At that meeting the
Head of the Mossad also gave a briefing on the situation after the
assassination of Bashir, but made no reference to the Phalangists'
entry into the camps. There was considerable discussion in that
meeting about the danger of the United States at the I.D.F.'s entry
into West Beirut, the general opinion being that the decision to go
in was justified and correct. Toward the close of the meeting there
was discussion regarding the wording of a resolution, and then
Deputy Prime Minister D. Levy said that the problem was not the
formulation of a resolution, but that the I.D.F.'s continued stay in
Beirut was liable to generate an undesirable situation of massive
pressure regarding its stay there. Minister Levy stated that he
accepted the contention regarding the I.D.F.'s entry into Beirut,
and he then continued (p. 91): "We wanted to prevent chaos at a
certain moment whose significance cannot be disregarded. When
confusion exists which someone else could also have exploited, the
situation can be explained in a convincing way. But that argument
could be undercut and we could come out with no credibility when I
hear that the Phalangists are already entering a certain
neighborhood - and I know what the meaning of revenge is for them,
what kind of slaughter. Then no one will believe we went in to
create order there, and we will bear the blame. Therefore, I think
that we are liable here to get into a situation in which we will be
blamed, and our explanations will not stand up..." No reaction
was forthcoming from those present at the meeting to this part of
Deputy Prime Minister D. Levy's remarks. Prior to the close of the
session the Prime Minister put forward a draft resolution which,
with certain changes, was accepted by all the Ministers. That
resolution opens with the words: "In the wake of the
assassination of the President-elect Bashir Jemayel, the I.D.F. has
seized positions in West Beirut in order to forestall the danger of
violence, bloodshed and chaos, as some 2,000 terrorists, equipped
with modern and heavy weapons, have remained in Beirut, in flagrant
violation of the evacuation agreement..." Here we must note
that the Director of Military Intelligence was present at the outset
of the meeting but left, after having received permission to do so
from the Minister of Defense, not long after the start of the
session, and certainly a considerable time before Minister D. Levy
made the remarks quoted above. Brigadier-General Yaron did not
inform Major-General Drori of the reports which had reached him on
Thursday evening regarding the actions of the Phalangists vis-a-vis
non-combatants in the camps, and reports about aberrations did not
reach Major-General Drorl until Friday, 17.9.82, in the morning
hours. On Friday morning Major-General Drori contacted
Brigadier-General Yaron, received from him a report about various
matters relating to the war, and heard from him that the Phalangists
had sustained a number of casualties, but heard nothing about
casualties among the civilian population in the camps (testimony of
Major-General Drori, p. 404). That same morning Major General Drori
spoke with the Chief of Staff and heard from him that the Chief of
Staff might come to Beirut that day. In the early hours of that
morning a note lay on a table in the Northern Command situation room
in Aley. The note read as follows: "During the night the
Phalangists entered the Sabra and Shatilla refugee camps. Even
though it was agreed that they would not harm civilians, they
'butchered.' They did not operate in orderly fashion but dispersed.
They had casualties, including two killed. They will organize to
operate in a more orderly manner - we will see to it that they are
moved into the area." Lieutenant-Colonel Idel, of the History
Section in Operations Branch/Training Section, saw this note on the
table and copied it into a notebook in which he recorded details
about certain events, as required by his position. It has not been
clarified who wrote the note or what the origin was of the
information it contained, even though on this matter the staff
investigators questioned many persons who held various positions
where the note was found. The note itself was not found, and we know
its content only because Lieutenant-Colonel Idel recorded it in his
notebook. The G.O.C. held a staff meeting at 8:00 a.m. in which
nothing was said about the existence of reports regarding the
Phalangists' actions in the camps. Already during the night between
Thursday and Friday, the report about excesses committed by the
Phalangists in the camps circulated among I.D.F. officers who were
at the forward command post. Two Phalangists were killed that night
during their operation in the camps. When the report about their
casualties reached the Phalangists' liaison officer, G., along with
a complaint from one of the Phalangist commanders in the field that
the I.D.F. was not supplying sufficient illumination, the liaison
officer asked Lieutenant-Colonel Treiber, one of the Operations
Branch officers at the forward command post, to increase the
illumination for the Phalangists. Lieutenant-Colonel Treiber's
response was that the Phalangists had killed 300 people and he was
not willing to provide them with illumination (testimony of
Lieutenant Elul, pp. 1212-1213). Lieutenant-Colonel Treiber
subsequently ordered that limited illumination be provided for the
Phalangists. In the early hours of the morning, additional officers
at the forward command post heard from the Phalangists' liaison
officer, G., that acts of killing had been committed in the camps
but had been halted (statements 22 and 167). At approximately 9:00
a.m. on Friday, Brigadier General Yaron met with representatives of
the Phalangists at the forward command post and discussed with them
the entry of an additional force of Phalangists into the camps.
Afterwards, according to the testimony of Major General Drori (p.
1600), he met with Brigadier General Yaron in the Cite of Beirut,
where they discussed the activity of the I.D.F. troops and other
matters related to the war; but Brigadier General Yaron said nothing
to him at that meeting about excesses committed by the Phalangists.
Brigadier General Yaron's testimony contains a different version of
the talk between him and Major General Drori that morning. According
to that testimony, Brigadier General Yaron received reports that
morning about a woman who claimed that she had been struck in the
face by Phalangists, [and] about a child who had been kidnapped and
whose father had complained to the Divisional Operations Officer;
and Brigadier General Yaron had seen liaison officer G. arguing with
other Phalangists. From all this Brigadier General Yaron inferred
that something was amiss, or as he put it, "something smelled
fishy to me" (p. 700). He phoned Major General Drori and told
him something did not look right to him, and as a result of this
conversation, Major General Drori arrived at the forward command
post at approximately 11:00 a.m. According to Major General Drori,
he arrived at the forward command post without having heard any
report that something was wrong in the camps, simply as part of a
routine visit to various divisions. We see no need to decide between
these two versions. When Major General Drori arrived at the
Divisional forward command post he spoke with Colonel Duvdevani and
with Brigadier General Yaron. We also have differing versions
regarding what Major General Drori heard on that occasion. In his
statement (No. 2) Colonel Duvdevani related that he said he had a
bad feeling about what was going on in the camps. According to his
statement, this feeling was caused by the report of liaison officer
G. about 100 dead and also because it was not known what the
Phalangists were doing inside the camps. Colonel Duvdevani did not
recall whether Major General Drori had asked him about the reasons
for his bad feeling. Brigadier General Yaron testified (p. 701) that
he had told Major General Drori everything he knew at that time,
namely those matters detailed above which had caused his bad
feeling. According to Major General Drori's testimony, he heard
about three specific matters on that occasion. The first was the
blow to the woman's head; the second - which was not directly
related to the camps - was that in one neighbourhood, namely San
Simon, Phalangists had beaten residents; and the third matter was
that a feeling existed that the Phalangists were carrying out
"an unclean mopping-up" - that is, their soldiers were not
calling on the residents - as I.D.F. soldiers do - to come out
before opening fire on a house which was to be "mopped
up," but were "going into the house firing"
(testimony of Major General Drori, pp. 408, 1593-1594). No evidence
existed that, at that meeting or earlier, anyone had told Major
General Drori about the reports of 45 people whose fate was sealed,
or about the 300 killed; nor is there any clear evidence that he was
told of a specific number of people who had been killed. After Major
General Drori heard what he heard from Colonel Duvdevani and
Brigadier General Yaron, he ordered Brigadier General Yaron to halt
the operations of the Phalangists, meaning that the Phalangists
should stop where they were in the camps and advance no further.
Brigadier General Yaron testified that he suggested to Major General
Drori to issue this order (p. 701). The order was conveyed to the
Phalangist commanders. On that same occasion Major General Drori
spoke with the Chief of Staff by phone about several matters
relating to the situation in Beirut, told him that he thought the
Phalangists had perhaps "gone too far" and that he had
ordered their operation to be halted (p. 412). A similar version of
this conversation appears in the Chief of Staff's testimony (pp.
232-233). The Chief of Staff testified that he had heard from Major
General Drori that something was amiss in the Phalangists' actions.
The Chief of Staff asked no questions, but told Major General Drori
that he would come to Beirut that afternoon. As mentioned above, the
cable report (appendix exhibit 29) regarding 300 killed reached the
office of the director of Military Intelligence on 17.9.82 at 5:30
a.m. The text of this cable was transmitted to the director of
Military Intelligence at his home in a morning report at 6:15 a.m.,
as part of a routine update transmitted to the director of Military
Intelligence every morning by telephone. From the content of the
cable, the director of Military Intelligence understood that the
source of the report is Operations and not Intelligence, and that
its source is the Northern Command forward command post. According
to the testimony of the director of Military Intelligence, the
details of which we shall treat later, he did not know then that it
had been decided to send the Phalangists into the camps and that
they were operating there; therefore, when he heard the report, he
asked what the Phalangists were doing - and he was told that they
had been operating in the camps since the previous day (p. 120,
123). When the director of Military Intelligence arrived at his
office at 8:00 a.m., he asked his bureau chief where the report had
originated, and he was told that it was an "Operations"
report. He ordered that it be immediately ascertained what was
happening in the Sabra and Shatilla camps. The clarifications
continued in different ways (described in section 6 of appendix B)
during Friday morning, but no confirmation of the report was
obtained; and the intelligence personnel who dealt with the
clarifications treated it as a report which for them is unreliable,
is unconfirmed, and therefore it would not be proper to circulate it
according to the standard procedure, by which important and urgent
intelligence reports are circulated. The content of the cable was
circulated to a number of intelligence personnel (whose positions
were noted on the cable form) and was conveyed to the Mossad and the
General Security Services. Since the source of the report seemed to
those Intelligence Branch personnel who dealt with the matter to be
Operations, it was not accorded the standard treatment given reports
from Intelligence sources, but rather the assumption was that
Operations personnel were dealing with the report in their own way.
The answers received by the director of Military Intelligence to his
demand for clarification were that there were no further details.
The director of Military Intelligence did not know that the report
had been transmitted by Intelligence Officer A. The report was
transmitted verbally, incidentally, by the assistant to the bureau
chief of the director of Military Intelligence to Lieutenant Colonel
Gai of the Defense Ministry's situation room, when the latter
arrived at about 7:30 a.m. at the office of the director of Military
Intelligence. One of the disputed questions in this inquiry is
whether Lieutenant Colonel Gai transmitted, the report to Mr. Dudai;
we shall discuss this matter separately. Suffice it to say here that
we have no evidence that the report was transmitted to the Defense
Minister or came to his knowledge in another way. At 7:30 a.m. on
Friday there was a special morning briefing at the [office of] the
assistant for research to the director of Military Intelligence. At
the meeting, in which various intelligence personnel participated,
the aforementioned report was discussed, and it was said that it can
not be verified. The assistant for research to the director of
Military Intelligence gave an order to continue checking the report.
He knew that the source of the report was Intelligence officer A.
The assistant for research to the director of Military Intelligence
also treated this report with skepticism, both because the number of
killed seemed exaggerated to him and since there had been no
additional confirmation of the report (pp. 1110-1113). The director
of Military Intelligence took no action on his part regarding the
aforementioned report, except for requesting the clarification, and
did not speak about it with the Chief of Staff or the Minister of
Defense, even though he met with them that morning. As mentioned
above, the reports of unusual things occurring in the camps
circulated among the officers at the forward command post already
during the night and in the morning hours of Friday, and they
reached other I.D.F. officers and soldiers in the area. At
approximately 8:00 a.m., the journalist Mr. Ze'ev Schiff received a
report from the General Staff in Tel Aviv, from a man whose name he
has refused to disclose, that there was a slaughter in the camps.
The transmitter of the report used the Arabic expression dab'h. He
was not told of the extent of the slaughter. He tried to check the
report with Military Intelligence and Operations, and also with the
Mossad, but received no confirmation, except the comment that
"there's something." At 11:00 a.m. Mr. Schiff met with
Minister Zipori at the minister's office and spoke with him about
the report he had received. Minister Zipori tried to contact the
director of Military Intelligence and the head of the General
Security Services by phone, but did not reach them. At approximately
11:15 a.m., he called the Foreign Minister, Mr. Yitzhak Shamir, and
spoke with him about the report he had received from Mr. Schiff.
According to the testimony of Minister Zipori, he said in that
telephone conversation with Mr. Shamir that he had received reports
that the Phalangists "are carrying out a slaughter" and
asked that Minister Shamir check the matter with the people who
would be with him momentarily and whose planned visit was known to
Minister Zipori (Minister Zipori's testimony, p. 1097). According to
Mr. Schiff's statement to the staff investigators (no. 83), Minister
Zipori said in that conversation that "they are killing in the
camps" and proposed that "it is worth checking the matter
through your channels." We heard a different version of the
content of the conversation from Minister Shamir. Minister Shamir
knew of the entry of the Phalangists into the camps from what he had
heard at the aforementioned cabinet meeting of 16.9.82. According to
him, Minister Zipori told him in the aforementioned telephone
conversation that he knows that Minister Shamir was to meet soon
with representatives of the United States on the situation in West
Beirut, and therefore he deems it appropriate to report what he had
heard about what is occurring there. The situation in West Beirut is
still not as quiet as it may seem from the media, and he had heard
that three or four I.D.F. soldiers had been killed, and had also
heard "about some rampage by the Phalangists" (p. 1232).
Minister Shamir said in his testimony that as far as he could
remember there was no mention in that conversation of the words
massacre or slaughter. According to him, he was not asked by
Minister Zipori to look into the matter, he did not think that he
was talking about massacre, [rather] he got the impression from the
conversation that its main aim was to inform him of the losses
suffered by the I.D.F., and therefore he himself made no check and
also did not instruct Foreign Ministry personnel to check the
report, but asked someone in the Foreign Ministry whether new
reports had arrived from Beirut and was satisfied with the answer
that there is nothing new. In addition, Minister Shamir thought,
according to his testimony, that since a meeting would shortly be
held at his office with Ambassador Draper, in which the Defense
Minister, the director of Military Intelligence, the head of the
General Security Services and their aides would be participating on
the Israeli side, then he would hear from them about what is
happening in West Beirut. This meeting was held at the Foreign
Minister's office at 12:30, between Ambassador Draper and other
representatives of the United States and a group of representatives
of Israel, including the Minister of Defense, the director of
Military Intelligence, and the head of the General Security Services
(exhibit 124). The Foreign Minister did not tell any of those who
came to the meeting about the report he had received from Minister
Zipori regarding the actions of the Phalangists, and he explained
this inaction of his by the fact that the matter did not bother him,
since it was clear to him that everything going on is known to the
persons sitting with him, and he did not hear from them any special
report from Beirut (p. 1238). The meeting ended at 3:00 p.m., and
then the Foreign Minister left for his home and took no additional
action following the aforementioned conversation with Minister
Zipori. Let us return to what occurred on that Friday in West
Beirut. In the morning hours, Brigadier General Yaron met with
Phalangist commanders for coordination, and agreed with them that a
larger Phalangist force would organize at the airport, that this
force would not be sent in to the camps until it receives approval
from the Chief of Staff and after the Chief of Staff holds an
additional meeting at Phalangist headquarters (pp. 705-706). Already
prior to the Chief of Staff's arrival, Major General Drori held a
meeting with the commander of the Lebanese Army in which he again
tried to persuade the commander, and through him the Prime Minister
and Ambassador Draper, that the Lebanese Army enter the camps. Major
General Drori told that commander, according to his testimony, the
following (p. 1633): "You know what the Lebanese are capable of
doing to each other; when you go now to Wazzan (the Prime Minister
of Lebanon) tell him again, and you see what is out here, and the
time has come that maybe you'll do something, and you're going to
Draper, to meet with Draper... get good advice from him this time,
he should give it to you this time, he should agree that you enter
the camps, it's important, the time has come for you to do it, and
get good advice this time from Draper, or permission from him to
enter or do it." Major General Drori explained in his testimony
that he had approached the commander so that the latter would speak
with Ambassador Draper, since he had heard that Ambassador Draper
had told the commander of the Lebanese Army a day earlier that the
Americans would get the Israelis out of Beirut, that they should not
talk to them and not negotiate with them. The answer which Major
General Drori later received to his request from the commander of
the Lebanese Army was negative. On Friday, 17.9.82, already from the
morning hours, a number of I.D.F. soldiers detected killing and
violent actions against people from the refugee camps. We heard
testimony from Lieutenant Grabowsky, a deputy commander of a tank
company, who was in charge of a few tanks which stood on an earth
embankment - a ramp - and on the adjacent road, some 200 meters from
the first buildings of the camps. In the early morning hours he saw
Phalangist soldiers taking men, women and children out of the area
of the camps and leading them to the area of the stadium. Between
8:00 and 9:00 a.m. he saw two Phalangist soldiers hitting two young
men. The soldiers led the men back into the camp, after a short time
he heard a few shots and saw the two Phalangist soldiers coming out.
At a later hour he went up the embankment with the tank and then saw
that Phalangist soldiers had killed a group of five women and
children. Lieutenant Grabowsky wanted to report the event by
communications set to his superiors, but the tank crew told him that
they had already heard a communications report to the battalion
commander that civilians were being killed, [and] the battallion
commander had replied, "We know, it's not to our liking, and
don't interfere." Lieutenant Grabowsky saw another case in
which a Phalangist killed a civilian. In the afternoon hours his
soldiers spoke with a Phalangist who had arrived at the spot, and at
the request of Grabowsky, who does not speak Arabic, one of the
soldiers asked why they were killing civilians. The answer he
received was that the pregnant women will give birth to terrorists
and children will grow up to be terrorists. Grabowsky left the place
at 16:00 hours. Late in the afternoon he related what he had seen to
his commander in the tank battalion and to other officers. At their
suggestion he related this to his brigade commander at 20:00 hours
(Grabowsky testimony, pp. 380-388). In various statements made to
the staff investigators, soldiers and officers from Lieutenant
Grabowsky's unit and from other units stationed nearby related that
they saw on Friday various acts of maltreatment by the Phalangist
soldiers against men, women and children who were taken out of the
camp, and heard complaints and stories regarding acts of killing
carried out by the Phalangists. One of those questioned heard a
communications report to the battalion commander about the
Phalangists "running wild." The battalion commander did
not confirm in his statements (no. 21 and no. 175) and testimony
that he had received reports on Friday from any of his battalion's
soldiers about acts of killing or violent actions by the Phalangists
against the residents of the camps. According to him, he indeed
heard on Thursday night, when he was in the forward command post,
about 300 killed, a number which was later reduced to 120 killed;
but on Friday the only report he received was about the escape of a
few dozen beaten or wounded persons northward and eastward, and this
was in the afternoon. At a later date, after the massacre in the
camps was publicized, the battalion commander made special efforts
to obtain a monitoring report of the battalion's radio frequency and
he submitted this report to us (exhibit 1240). In this document no
record was found of a report of acts of killing or maltreatment by
the Phalangists on Friday. We did not send a notice as per Section
15 to this battalion commander, and this for the reasons explained
in the Introduction. We have not arrived at any findings or
conclusions on the contradictory versions regarding the report to
the battalion commander, and it appears to us that this subject can
and should be investigated within the framework of the I.D.F., as we
have proposed in the Introduction. For the purposes of the matters
we are discussing, we determine that indeed I.D.F. soldiers who were
near the embankment which surrounded the camp saw certain acts of
killing and an attempt was made to report this to commanders of
higher ranks; but this report did not reach Brigadier General Yaron
or Major General Drori. The Chief of Staff reached the airport at
Khalde near Beirut at 15:30 hours with a number of I.D.F. officers.
At the airport he met with Major General Drori and travelled with
him to a meeting at Phalangist headquarters. Major General Drori
testified that he had told the Chief of Staff on the way what he
knew regarding the Phalangists' actions. The Chief of Staff was
satisfied with what he had heard and did not ask about additional
matters (Drori testimony, pp. 451, 416). Brigadier General Yaron
joined those travelling to the meeting with the Phalangist
commanders. The Chief of Staff testified in his first appearance
that he had heard from Major General Drori and from Brigadier
General Yaron only those things which he had heard on the telephone,
and does not remember that he asked them how the improper behavior
of the Phalangists had expressed itself. In that testimony he
explained that he had refrained from asking additional questions
since the discussion had dealt mainly with the situation in the
city, that he generally does not like to talk while travelling, and
the he thought the matter would be clarified at Phalangist
headquarters, where they were headed (testimony of the Chief of
Staff, pp. 243, 234). In his additional testimony before us, when
the Chief of Staff was asked for his response to Major General
Drori's testimony that the latter had told the Chief of Staff about
the three things which he knew about (see above), the Chief of Staff
said that he is prepared to accept that these were the things said
to him, but emphasized that the meaning of the things he had heard
was not from his point of view that there had been acts of revenge
and bloodshed by the Phalangists (p. 1663). In any case, according
to his second testimony as well, the Chief of Staff was satisfied
with hearing a short report from Major General Drori about the
reasons for the halting of the Phalangists' actions, and did not
pose questions regarding this. At about 16:00 hours, the meeting
between the Chief of Staff and the Phalangist staff was held. We
have been presented with documents containing summaries from this
meeting. In a summary made by Mossad representative A who was
present at the meeting (exhibit 80 A) it was said that the Chief of
Staff "expressed his positive impression received from the
statement by the Phalangist forces and their behavior in the
field" and concluded that they "continue action, mopping
up the empty camps south of Fakahani until tomorrow at 5:00 a.m., at
which time they must stop their action due to American pressure.
There is a chance that the Lebanese Army will enter instead of
them." Other matters in this summary do not relate to the
matter of the two camps (a summary with identical contents appears
in exhibit no. 37). We heard more precise details on the content of
the meeting from witnesses who participated in it. The Chief of
Staff testified that the Phalangists had reported that the operation
had ended and that everything was alright that the Americans are
pressuring them to leave and they would leave by 5:00 a.m., and that
they had carried out all the objectives. His reaction was
"O.K., alright, you did the job." According to the Chief
of Staff, the discussion was very relaxed, there was a very good
impression that the Phalangists had carried out the mission they had
been assigned or which they had taken upon themselves, and there was
no feeling that something irregular had occurred or was about to
occur in the camps. During the meeting they requested a tractor from
the I.D.F. in order to demolish illegal structures; the Chief of
Staff saw this as a positive action, since he had long heard of
illegal Palestinian neighborhoods, and therefore he approved their
request for tractors (pp. 234-239). In his second testimony, the
Chief of Staff added that the commander of the Phalangists had said
that there was almost no civilian population in the camps, and had
reported on their killed and wounded (p. 1666). He did not ask them
questions and did not debrief them about what had happened in the
camps. They wanted to send more forces into the camps, but he did
not approve this; and there was no discussion at that meeting of
relieving forces (pp. 1667-1670). At the same meeting, the Chief of
Staff approved the supply of certain arms to the Phalangists, but
this has nothing to do with events in Beirut. Major General Drori
testified during his first appearance that the commander of the
Phalangist force, who was present at the meeting, gave details of
where his forces were and reported heavy fighting - but did not make
mention of any irregularities, and certainly not of a massacre. The
Phalangist commanders spoke of American pressure [on them] to leave
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