104 Report of the Commission of Inquiry into the events at the refugee camps in Beirut- 8 February 1983

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.

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.

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.

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 importa