WAR CRIMES, THE
LEGAL OPPORTUNITY
TO PUT ARIEL SHARON
ON TRIAL. BY REZEQ FARAJ
On
January 24th,2002, Elie Hobeika
one of the most ruthless political survivors of
Lebanon's bloody civil war of 1975-1990) was
killed in massive car-bomb explosion at his house
in the Beirut suburb of Hazmiyeh.
(1)
Robert
Fisk, an astute observer of the Middle East,
wrote
Last message from Elie was that bottle of
champagne: a magnum of Veuve Clicquot La Grande
Dame Rosé 1988. I never drank it. I felt it was
contaminated. It lay in my fridge here in Beirut
last night. I know many in Lebanon would like to
drink it in celebration. But I suspect that, if I
uncorked it, blood would spurt out.
(2)
Two days before his death, he had met
with three visiting Belgian senators from the
Sabra and Shatila committee, created after the
filing of the complaint in the Court of Appeals
in Brussels, Belgium The senators stressed
Hobeikas willingness to testify in the
landmark Belgian case against Ariel Sharon,
Israeli prime minister for his role in the
September 16-18, 1982 Sabra and Shatila
massacres. Mr Hobeika had several times expressed
his wish to assist the Belgian inquiry on the
massacres at Sabra and Chatila. After Hobeikas
assassination, a statement from the lawyers in
the case against Sharon said. "His
determination to do so was reported widely on the
eve of his assassination. The elimination of the
key protagonist, who offered to assist with the
inquiry, is an obvious attempt to undermine our
case. Chibli Mallat, the lawyer,
said yesterday that Hobeika was a key witness.
We've obviously lost a key character in the
story of Sabra and Chatila
(3)
Speculation about who killed Hobeika started
to flow. At last count , there were more than 30
different articles on the subject. They all point
the finger at Israel. Four people died in the
blast. According to Nasri Lahoud, prosecutor of
military tribunal in Lebanon, and the brother of
Lebanon's Prime Minister Emile Lahoud, the bomb
has the power of 10kg of TNT. The
authors wished to destabilize Lebanon, turn world
attention from crimes being committed in occupied
Palestine and stop Hobeika from testifying
in Brussels the crime
has Israels signature and of its agents
added the minister of interior Elias Murr.
(4)
On the 24th of January 2002, Ariel
Sharon declared, We have nothing to do
with this allegation and it is not worth a
reaction from our part.
(5)
Israeli denial and deflection of blame
toward Syria didnt stick, because
Syria had protected Hobeika and helped him to
become a minister in Lebanon, after the defeat
and withdraw of Israeli forces from Lebanon, is
Syria.
(6)
Can one believe Hobeikas willingness to
testify against Sharon in Belgium? And what are
the relationships between both Sharon and
Hobeika? After all Hobeika was tried in
Israel, and was found guilty in the same inquiry
which said that Ariel Sharon, then Defence
Minister and now Israeli Prime Minister, was "personally
responsible'" for the slaughter.
Hobeika even supervised the massacre according to
a historian and journalist
(7)
The Israelis themselves had named him as the
principal murderer and war criminal in the Kahan
Commission Report. Further more, knowing his
violent past and shifting loyalties, some
observers wonder whether his words should be
taken seriously, and whether such evidence he
claimed to have actually existed.
Hobeika knew that he would ultimately
be killed, but claimed that he was not afraid of
being killed. A few days before the
explosion, he claimed that his testimony
would clearly establish Sharon's guilt. Hobeika
also spoke about his growing fears for his own
physical safety.
(8)
Jean Ghanem, once Hobeika's political deputy,
died only four days before Hobeika, two weeks
after a mysterious car accident in east Beirut.
Mr Ghanem, a medical doctor who became a
Phalangist party official and served under
Hobeika's ruthless command, supposedly held
documents that Hobeika intended to present to
Belgian lawyers. Mr Ghanem, who was 56 ,
drove his car into a tree in the suburb of
Hazmieh - only a few hundred metres from the spot
where Hobeika was killed. He died on January 14,
2002 after lying in a coma for two weeks.
Mr. Nabieh Berri, the Lebanese parliament
speaker, sees a relationship between the two
deaths.
(9)
Mr. Ghanem's accident was a warning
to Hobeika. The killing machine didnt
stop on March 12th, Michael Nassar, who was
a former associate of Elie Hobeika was shot dead
in Brazil by a man firing a pistol equipped with
a silencer. His young wife, Marie, was shot down
beside him. Who will be the next?
What Ariel Sharon's supporters and attorneys were
afraid of has come to pass . We now know
that March 7th, 2002, the Belgian court
decided to pursue the case against Ariel Sharon
despite the adverse developments. The Israelis
claim that he cant be tried twice (having
been tried first in Israel),
and that international law protects
criminals with diplomatic immunity We also
know that those who lend support to criminals
like Ariel Sharon are guilty of war crimes, are
themselves accomplices to those crimes, and must
accept the inevitability of accusation and
judgement. The example of Nazi collaborators
apprehended recently in the US and France suggest
that there is no statute of limitations on war
crimes and crimes against humanity. The most
important the link between Hobeika and Ariel
Sharon is clearly expressed in the testimonies of
the witnesses and survivors that want to bring
criminal indictments against Ariel Sharon in the
Belgian courts.
The testimonies show clearly the involvement of
Israeli soldiers and commanders.
(10) Ariel Sharon was Chief commander of
Israeli Armed Forces in Lebanon, while Hobeika
was chief of Intelligence of the Lebanese Forces.
Hobeika was the primary liaison between the
Israel Defence Forces (IDF) officers and
personnel surrounding the camps and the Christian
militia members inside in the camps under Israeli
control. . On the morning a car bomb killed
Elie Hobeika, news reports from Brussels
announced that a war crimes case against Sharon
and othershad moved one step closer to trial..
Top Lebanese officials and Syrian state-run radio
quickly accused Israel of eliminating a key
witness. Hobeika, after all, probably knew more
than anyone else about what really happened in
Sabra and Shatila. Lebanese militia and Israeli
soldiers undertook an orgy of murder, rape and
torture from the evening of September 16 until
the early afternoon of September 18, 1982. In one
infamous instance (recounted by an IDF soldier
who gave testimony before Israel's 1983 Kahan
Commission inquiry), Hobeika coldly commanded a
militia member who had radioed to ask what he
should do with 40 women and children his unit had
rounded up: "You know exactly what to
do with them. Don't ask me a question like that
again!" (11)
Recent Israeli actions in the occupied
Palestinian territories confirm in many ways
Ariel Sharon as a war criminal. Ariel Sharon
recently declared: "The Palestinians must
be hit and it must be very painful: we must cause
them losses, victims, so that they feel the heavy
price." His statement translated into
hundreds of Israeli armoured vehicles and tanks
pushing their way through crowded Palestinian
refugee camps in the West Bank and Gaza and into
the heart of Bethlehem and Ramallah, F-16s and
Apache gun-ships overhead rained
bombs and rockets on largely unarmed Palestinian
civilians. There was use of heavy weaponry in
intensive strikes on densely populated civilian
areas, utterly disproportionate to any perceived
or real threats. This has resulted in high
numbers of civilian deaths and injuries: from
February 28th,2002 to March 10th alone, more than
113 Palestinians were killed and 368
injured The vast majority were civilians.
Children, women and refugees have been
indiscriminately attacked, in contravention of
international law, which provides them with
special protection. Particularly
striking have been the mass roundups of
Palestinian males between the ages of 14 to 50 in
late March.
Since February 28th, 2002 about 2,200
people - including children - have been
arbitrarily arrested and detained in camps far
away from their own areas. Inhuman and degrading
methods routinely used during these arrests and
detentions include blindfolding, strip-searching,
and writing numbers on detainees'
arms. Palestinians have suffered
extensive destruction of civilian property,
including houses; workplaces, hospitals, clinics,
ambulances, schools and universities, churches
and mosques - as well as water and electricity
supply lines. Israel also attacked
humanitarian agencies, and denies civilian access
to medical supplies and treatment. There has been
an effective ban on any movement of Palestinian
vehicles in the West Bank, including ambulances.
They are shot at on sight. This tightens still
further restrictions in force since September
2000 - including hundreds of checkpoints,
unmanned dirt- blockades and trenches - making
access to work, education, food, water and health
services extremely difficult, if not impossible.
Since February 28 there has also been an alarming
increase in the number of attacks on medical
staff, ambulances and hospitals and field
clinics, with at least six medical staff killed,
12 injured and five ambulances destroyed. The
Israeli attack on the Balata refugee camp in
Nablus, which began on February 28, 2002, marked
a clear turning point. The subsequent military
escalation has now spread to civilian areas
throughout the occupied territories, including
Tulkarm, Nablus, Jenin, Bethlehem, Beit Jala,

Ramallah,
Qalqilya, Hebron, the Gaza Strip and all refugee
camps. These acts are in direct violation of the
fourth Geneva Convention of 1949, which is
legally binding on Israel. Several are classed as
"grave breaches" - in other words, war
crimes - including documented cases of murder and
manslaughter, instances of intentionally causing
"great suffering or serious injury to body
or health" and "extensive destruction
of property not justified by military necessity
and carried out unlawfully and wantonly". www.society.com/~geneva1
geneva

It is clear, quite to the contrary of those
supporting Ariel Sharon, that the Israeli Prime
Minister is involved, once again, as with Sabra
and Shatila , in war crimes against the
Palestinian people. It is abundantly clear that
Ariel Sharon has no intention of supporting any
attempt to forge a peace process; indeed, it can
be assumed that he will continue to do whatever
he can to scuttle the possibility. Those who
maintain that he is working for peace are either
frightfully naive or frightful liars. He used
Hobeika and the Phalanges then, and he is using
Zinni now, with the consent of his friend
G.W.Bush, president of the United States
As a Canadian, of Palestinian origin,
I demand that Ariel Sharon be indicted for
war crimes committed against the Palestinian
people in the current conflict, and for crimes
against humanity in the case of the 1982
massacres at Sabra and Chatila for which he bears
direct responsibility. I call on citizens'
groups to bring criminal indictments against
Ariel Sharon and his Cabinet as may be permitted
under the legal statutes of their respective
countries.
NOTES:
1.
Elie Hobeika Lebanese militia leader who
massacred civilians A leader of the
Christian Maronite Lebanese Forces (or as
Phalange party) during Lebanons civil war..
Born in Kleiat 1956,Hobeika joined the Banco di
Brazil in 1978; by then, he was already a rising
star in the Phalangist movement. He escaped a
coup against him by the Phalangist, Samir Geagea,
and went to live in Syria. His later notoriety
depends on, From Israel To Damascus:
The Painful Road To Blood, Betrayal And
Deception, Pride Intrenational, 1999
biography by one of his bodyguards, Robert
Hatem, otherwise known as "Cobra".
After the civil war ended in 1990, Hobeika became
minister for the displaced,ironic given his
violent record. He was later given the
electricity portfolio.
http://www.guardian.co.uk/israel/Story/0,2763,638923,00.html
2. Robert Fisk, Elie Hobeika:
lady-killer and blood-soaked war criminal,
Independent Digital (UK) Ltd (2002), January 25.
3.
Joneed Khan, Le principal témoin
contre Sharon meurt dans un attentat, La
Presse, Montréal, vendredi 25 juillet 2002,
Monde A7.
4.
Khan, p. A 7
5.
Khan, p.A.7
6.
Aujourd'hui protégé de la Syrie, Elie Hobeika
commandait en 1982 les unités des Forces
libanaises, responsables du carnage dans les
camps de Sabra et de Chatila
http://www.liberation.com/israel/actu/20010731marg.html
7.
La commission Kahane avait établi la
«responsabilité directe» des FL dans cet
«abominable pogrom contre des civils sans
défense». Présent sur le terrain, Hobeika
supervisait lui-même les massacres et donnait
les consignes à ses hommes. C'est en tout cas ce
qu'affirment historiens et journalistes de tous
bords. (The Kahane commission has established
direct responsibility of the Lebanese
Forces for this abominable pogrom against
defencelesse civilians. Present on the
ground, Hobeika personally supervised the
massacres and gave the orders to his men. This is
in all cases affirmed by historians and
journalists alike.) http://www.liberation.com/israel/actu/20010731marg.htm
8.
BBC, Friday, January 25th, 2002, 14:53 GM http://news.bbc.co.uk/hi/english/world/middle_east/newsid_1782000/1782503.stm
9.
Robert Fisk, Car crash
adds to Lebanese suspicion of Israeli cover-up in
Beirut, Independent, (London) February
1st.,2002.
10.
Witness nr.1 Mr. X
"Wednesday
we were at home waiting for visitors. I was at
Sabra. The roads were deserted. Arriving at Ali
Hender Café, I met young men who called me and
asked me if I knew. I said No. They
told me that the Israelis and the Phalangists had
entered and destroyed. I went directly home, took
my wife and left for my brothers place. We
told him "Abou Souheil, lets get out
of here." He answered, "We are
Lebanese. They wont bother us". I went
to another relative and told him, "Leave
your children and go". He called me a
coward. My wife and I started walking until we
arrived at the airport bridge. There I saw the
Israelis surrounding the area. An Israeli soldier
yelled at me. And the Israelis started asking me
where I had come from and where I was going. Then
they told my spouse and another woman who was
passing by to stay where they were and ordered me
to follow them. And they put me near a mound. I
was directly behind (Harat Horek) and we ran away
to Ghobeireh. Saturday, I went back to see my
relatives. What can I say? People were lying on
their backs with blackened faces. I found my
brother-in-law dead. He had been hit on his head
with a hatchet. We found thirty- three other
members of the family killed."
Witness
nr. 8 Mrs. X
"Wednesday,
after Bachir (Gemayel) had been killed, we heard
Israeli helicopters hovering at low altitude over
the area and Wednesday night the Israelis dropped
flare-bombs that illuminated the camp as though
it were day. Some of my friends went down to the
shelter. Thursday night, I went to see my friends
with my brother, Maher and told them to come
sleep at our house. On the way, the road was full
of corpses. I went to the shelter and I didnt
find any one there, so we returned. Suddenly, I
saw our neighbour lying on the ground, wounded. I
ask him where the friends are. He answers that
they have taken the girls and asks me to help
him, but I couldnt assist him and I
returned to the house with my brother right away.
Immediately, Maher told my father that there had
been a massacre. I found out from our neighbour
that there were Phalangists. When my father found
out, he said that we had to stay in the house.
Our neighbour, a woman, stayed with us. We stayed
in the house all night. Friday morning, my
brother, Bassam and the neighbour-woman went up
on the roof to see what was happening, but the
Phalangists spotted them right away. They
immediately went back down into the house. A few
moments later, around 13 men came to the house.
They knocked on the door. My father inquired as
to their identity. They answered,
"Israelis." We got up to see what they
wanted. They said, "You are still
here," and they asked my father if he had
anything. He said he had some money. They took
the money and they struck my father. I asked them
why they had hit an old man. They then hit me.
They lined us up in the living room and started
to discuss whether they would kill us. They lined
us up against the wall and shot us. Those who
died died. My mother and I survived. My brothers
Maher and Ismail had hidden themselves in the
bathroom. When they walked out of the house I
started to call out to my brothers by their
names. When one of them answered, I knew he wasnt
dead. My mother and sister were able to escape
from the house but I was unable to. A few moments
later as I was moving they came back. They said
to me, "You are still alive," and they
fired again. I pretended to be dead. I stayed
awake all night and I stayed there until
Saturday. I dragged myself across the floor to
the middle of the room and came upon the corpses.
As I reached out for the pitcher of water they
immediately fired. I felt only a bullet strike my
hand and the man started to swear. The second one
came and hit me on the head with the gun. I
fainted, losing consciousness and the capacity to
speak. I remained like that until Sunday when our
neighbour came to my aid."
11. Laurie King-Irani , Detonating
Lebanon's War Files, The Belgian Court Case
and the Beirut Car Bomb. Found at: http://www.merip.org/pins/pin83.html
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