Viewpoint Survivors seek reparation from
Israelis
By LAURIE KING-IRANI
A sprawling mass tomb in the heart of Qana, a small hilltop
village in south Lebanon, bears silent witness to a war crime committed by
Israeli forces here in 1996. The town, less than five miles away from
Israeli-occupied south Lebanon, is the site of a United Nations base manned by
a Fiji battalion.
On April 18, 1996, approximately 800 civilians were sheltering
here during a massive Israeli military offensive code-named Operation
Grapes of Wrath. Most residents of Qana and neighboring villages had fled
a week earlier seeking refuge in Beirut. Those who remained had assumed that
since international law prohibits the targeting of civilian structures and U.N.
facilities, they would be safe.
Just after 2 p.m. on April 18, a barrage of proximity-fuse shells
crashed directly into the pre-fabricated building in which hundreds were
sheltering. Seventeen minutes later, more than 100 people lay dead, many burned
and dismembered beyond recognition.
A survivor of the Qana massacre later described the incredible
noise, fire and heat all around him. When it was over, he opened his one
remaining eye to find 22 members of his extended family slaughtered like
sheep all around him.
U.N. military adviser Maj. Gen. Franklin van Kappen conducted an
official on-site investigation of the Qana incident three days later. In his
report to former Secretary General Boutros Boutros-Ghali, van Kappen concluded
that while the possibility cannot be ruled out completely, it is unlikely
that the shelling of the compound was the result of gross technical and/or
procedural error, as Israeli Defense Forces officials claimed.
Van Kappen indicated that Israeli officials of some
seniority were involved in orders to fire upon the base, which they knew
was sheltering hundreds of unarmed civilians. The U.N. investigation noted that
the Israelis had positioned a drone (pilotless plane) over the compound at the
time of the shelling. Such aircraft are commonly used by Israeli gunners to set
targets.
International human rights organizations also conducted
investigations into the Qana incident and concluded that the shelling of the
compound was deliberate. See the relevant documentation on the following Human
Rights Watch Web site:
www.hrw.org/hrw/summaries/s.israel-lebanon979.html.
The U.N. General Assembly adopted a resolution on April 25, 1996,
characterizing Israels actions during the Grapes of Wrath
offensive as grave violations of international laws relating to the
protection of civilians during war. The United States and Israel
vigorously contended that the attack had been a mistake, and the story
gradually disappeared from all but the memories of those civilians, U.N.
personnel and journalists who had witnessed the carnage.
Because of the perseverance of several families who survived the
shelling and the tireless pro bono efforts of U.S.-based lawyer Mary Mourra
Ramadan, this story is not going to disappear. It will receive international
attention in Geneva, Switzerland, during an upcoming session of the United
Nations Human Rights Commission.
The families have submitted a petition to the commission. They are
requesting the United Nations to re-open its investigation of human rights
abuses committed by the Israeli army and its proxy militia, the South Lebanese
Army in Lebanon.
The petition requests that the commission find means to provide
compensation and rehabilitation facilities to ease, if only minimally, the
emotional and physical suffering of the victims. The petition has been
submitted on behalf of all victims of Israeli abuses of human rights in
Lebanon.
A European-based human rights organization has endorsed the case
and will yield some of its time at the commissions upcoming March-April
2000 public session to Ramadan. She will argue that the United Nations itself
possesses the key evidence, since it conducted the principal investigation in
the immediate aftermath of the shelling. Furthermore, the massacre occurred on
a U.N. base, wounding U.N. troops and personnel during the performance of their
peacekeeping duties.
Under intense political pressure from Israel and the United
States, the United Nations dropped the investigation and has not yet revealed
to the public the underlying evidence and findings upon which the van Kappen
report was based.
The recent anniversary of the signing of the Universal Declaration
of Human Rights provides a good opportunity to consider not only the principles
underlying this important document, but also ways of implementing it, as the
Qana families have endeavored to do. Their appeal is especially noteworthy
considering that most of the petitioners still live on the edges of
Israeli-occupied south Lebanon, an insecure and highly volatile area dominated
by the Israelis and the South Lebanese Army, devoid of any protection from the
Lebanese state.
Several families had initially signed their names to an earlier
sealed petition, but upon being informed that the commission cannot receive
documents filed under seal, all but a handful of the families removed their
names. They feared retaliation since U.N. procedures allow the state against
which a complaint is filed to review it and respond to its allegations.
However, one young man whose family refused to remove its name
from the petition observed, He who is drowning at sea is not afraid to
get wet.
Although this story began in Qana, it reached a modest home in
Dearborn, Mich., where Haidar Bitar and his wife, Lebanese nationals residing
in the United States, learned that their two eldest children -- Abdul Mohsen
and Hadi, then 9 and 8 years old respectively -- had been killed in the Qana
massacre. The boys had been visiting their grandmother in their fathers
natal village. Their grandmother survived but lost an arm.
When the Lebanese government did not bring suit against Israel in
the International Court of Justice, the Bitars and some other survivors decided
to bring a complaint themselves. On April 18, 1998, the second anniversary of
the Qana massacre, Haidar Bitar, his mother Wuroud Bitar and several other
victims and relatives of victims filed a complaint with the U.N. Human Rights
Commission.
The petition details the human rights abuses committed by Israel
during its April 1996 military offensive in Lebanon and lists the legal basis
for finding Israel responsible. It requests an investigation into specific
violations, including the Qana shelling and a similar attack on another U.N.
base in Majdal Zoun a few days earlier.
The petition also cites the targeting of civilian homes, vehicles
and ambulances, including an incident in which a U.S.-made Apache helicopter
gunship attacked an ambulance ferrying civilians, killing two women and four
children.
The petition also cites the forced evacuation of hundreds of
thousands of civilians from their homes in south Lebanon.
Six months after submitting this petition with the other
survivors, the Bitars received notification that an application they had made
to the U.S. Immigration and Naturalization Service for political asylum had
been refused. They were placed in deportation proceedings in October 1998. The
immigration service asserted that the Bitars had not suffered persecution
in Lebanon (despite the loss of their children), and were not likely to
suffer future persecution.
On Nov. 1, 1999, a U.S. Immigration Court in Michigan, criticizing
the agencys conduct in the case, granted political asylum, holding that
their fear of persecution by Israel and/or its proxies in south Lebanon was
legitimate.
The Qana families perseverance, despite considerable odds,
highlights the reality that the Universal Declaration of Human Rights is useful
only if it is applied in practice, not simply lauded in print every Dec. 10.
Individuals are encouraged to contact the human rights commission to urge a
re-opening of the investigation into the Qana massacre and other ongoing abuses
of human rights in south Lebanon.
Laurie King-Irani, editor of Middle East Report,
recently traveled to south Lebanon where she met with survivors of the 1996
Qana massacre.
National Catholic Reporter, January 28,
2000
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