subject: The Spinneys Case - The Facts [print this page] A thorough understanding of the historical development of civil violence is crucial to defending any claim based on a war exclusion clause. This particular finding of fact as to the circumstances prevailing in January 1976 can be summarised as follows:
Despite some evidence of mutinies and desertions in the army, the
Lebanese army still remained intact.
The police force also remained in being, but although it had
performed some civilian functions, it had taken very little part in the
conflict, other than to defend its own police barracks. Some of the
functions of a police force were indeed performed by local militias
and commandos who, occasionally, intervened to prevent looting.
The fire brigade was still active and had attracted praise for its
courage.
The civil service has continued to function but on a reduced scale.
The same applied to the courts and there was no evidence they had
prevented violence.
When describing daily life in Beirut in January 1976, Mustill J made it that he found it difficult to achieve an objective view, as the Lebanese witnesses all gave evidence from their own perspective, particularly whether they were Muslim, Christian and so on. He also suggested that evidence from journalists tended to provide an exaggerated version of events. A substantial amount of violence had occurred, however, and there had been particular difficulty with communications, including numerous road blocks and check points. Many premises had been destroyed, abandoned, looted and food was in short supply.
Approximately 20,000 organised irregulars were involved together
with many armed civilians. There were also trained Palestinian
commandos present.
The number killed between April 1975 and January 1976 was
approximately 10,000.
As at January 1976 partition probably would not have been possible
and it may not have been the intention of the armed factions to achieve a partition of Lebanon along sectarian lines.
