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Remarks by Richard A. Falk

Published online by Cambridge University Press:  28 February 2017

Richard A. Falk*
Affiliation:
Princeton University

Abstract

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Type
Humanitarian Law
Copyright
Copyright © American Society of International Law 1983

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References

1 London, August 28, 1982-November 29, 1982, Ithaca Press, 1983. Copies are available on request from Professor Falk.

2 2The other members of the Commission were Dean Kader Asmal, Senior Lecturer in Law and Dean of the Faculty of Arts (Humanities), Trinity College, Dublin; Dr. Brian Bercusson, Lecturer in Laws, Queen Mary College, University of London; Professor Geraud de la Pradelle, Professor of Private Law, University of Paris; and Professor Stefan Wild, Professor of Semitic Languages and Islamic Studies, University of Bonn.

3 3The terms of reference of the MacBride Commission were to answer the following principal questions:

1. Has the Government of Israel committed acts of aggression contrary to international law?

2. Have the Israeli armed forces made use of weapons or methods of warfare forbidden by international law, including the laws of war?

3. Have Palestinian and Lebanese, or other, prisoners been subjected to treatment forbidden by international law, including inhuman or degrading treatment? Has there been a violation of international law arising out of the classification of or denial of status to Palestinian prisoners or detainees?

4. Has there been deliberate, indiscriminate or reckless bombardment of a civilian character, for example: hospitals, schools, or other nonmilitary targets?

5. Has there been systematic bombardment or other destruction of towns, cities, villages or refugee camps?

6. Have the acts of the Israeli armed forces caused the dispersal, deportation, or ill-treatment of populations in violation of international law?

7. Has the Government of Israel valid reasons under international law for its invasion of Lebanon, for the manner in which it conducted hostilities, or for its actions as an occupying force?

8. To what extent, if any, were the Israeli authorities or forces involved, directly or indirectly, in the massacres or other killings that were reported to have been carried out by Lebanese militiamen in the refugee camps of Sabra and Shatilla in the Beirut area between the dates of 16 and 18 September?