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O 052055Z NOV 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8905
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0364
RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS
RUEHUNV/USMISSION UNVIE VIENNA 0346
RUEHGV/USMISSION GENEVA 1161
RHEHAAA/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 03 MEXICO 003161 
 
SENSITIVE 
SIPDIS 
 
DRL MLGA TO DEPUTY DIRECTOR SICADE, WHA FOR MEX DIRECTOR 
LEE AND STAFF, IO/HR, PAUL KRUCHOWSKI, IO/UNP TO ANDREW 
MORRISON, NEA/IPA TO JEFFREY GIAUQUE, AND USUN NEW YORK TO 
ELLEN GERMAIN 
 
E.O. 12958: N/A 
TAGS: MX PGOV PREL PHUM PTER KPAL ISPL PL
SUBJECT: UN/MEXICO: GOM WILL SUPPORT ARAB PROPOSAL ON 
GOLDSTONE WITH EU CHANGES 
 
REF: A. STATE 112828 
     ¶B. STATE 098567 
     ¶C. USUN 0958 
 
MEXICO 00003161  001.2 OF 003 
 
 
¶1. Poloff delivered demarche points in reftel A, emphasizing 
that, while the USG fully supported full investigations of 
all allegations of human rights violations during the Gaza 
conflict, we could not support an unbalanced resolution that 
focused entirely on the actions of Israel.  Poloff stressed 
that we also did not want to take further action on Gaza or 
the Goldstone report within the Security Council. 
 
¶2.  Fernando Gonzalez, Assistant Director General for the UN 
Security Council at the Mexican Secretariat for Foreign 
Relations, told Poloff that the GOM had also felt unable to 
support such a resolution until they saw the text that the 
Arab Group and OIC had proposed on November 2.  The GOM felt 
that this language, unexpectedly, presented the Gaza issue in 
a relatively evenhanded way.  With this draft text and the 
changes proposed by the Europeans, the GOM will likely 
support the resolution.  For reference, a version of the 11/2 
draft text Gonzalez provided to Poloff is available in para 4 
below. 
 
Gonzalez noted several examples of equilibrium in the text: 
 
--As requested by the EU, the resolution condemns all 
targeting of civilians and civilian infrastructure and 
intuitions, including UN facilities. 
 
--Paragraphs numbered 3 and 4 balance one another, one 
referencing actions that needed to be taken by the Israelis 
and one that needed to be taken by the Palestinians.  Poloff 
pointed out that the para on Israel did not make note of the 
GOI's investigations into alleged violations, related to its 
own actions during the Gaza conflict. 
 
¶3.  Gonzalez agreed that not all of the 11/2 OIC/Arab Group's 
language is ideal.  In paragraph 1, the European negotiators, 
with GOM support, have asked the Arab group to change the 
word "endorse" to "takes notes of."  Gonzalez raised the fact 
that the three-month time limit for investigations 
highlighted in paragraph 3 and 4 seemed too short, and the 
GOM would prefer closer to six months.  Poloff underscored 
that, as the conflict is ongoing, a time limit for domestic 
inquiries would be artificial.  Finally, Poloff suggested 
that the paragraph that begins "Gravely concerned by reports 
regarding serious human rights violations and grave breaches 
of international humanitarian law committed during the 
Israeli military operations..." would be difficult for the 
USG to accept due to its political nature.  Gonzalez took 
note of this comment but observed that the United States 
could become increasingly isolated on human rights issues in 
multilateral foras if we could not find a way to negotiate a 
version of this text. 
 
 
¶4.  2 November 2009 - DRAFT -  Follow-up of the Report of the 
United Nations Fact Finding Mission on the Gaza Conflict 
(Goldstone Report) 
 
The General Assembly, 
 
Guided by the purposes and principles of the Charter of the 
United Nations, 
 
Recalling the relevant rules and principles of international 
law, including international humanitarian and human rights 
law, particularly the Fourth Geneva Convention relative to 
the Protection of Civilian Persons in Time of War, of 12 
August 1949, which is applicable to the Occupied Palestinian 
Territory, including East Jerusalem, 
 
Recalling also the Universal Declaration of Human Rights and 
the other human rights covenants, including the International 
Covenants on Civil and Political Rights and on Economic, 
Social and Cultural Rights, and the Convention on the Rights 
of the Child, 
 
 
MEXICO 00003161  002.2 OF 003 
 
 
Recalling its relevant resolutions, including resolution 
ES-10/18 of 16 January 2009 of its tenth emergency special 
session, 
 
Recalling also the relevant Security Council resolutions, 
including resolution 1860 (2009) of 8 January 2009, 
 
Recalling the relevant resolutions of the Human Rights 
Council, including resolution S-12/1 of 16 October 2009, 
 
Expressing its appreciation to the &United Nations Fact 
Finding Mission on the Gaza Conflict8 led by Justice Richard 
Goldstone for their comprehensive report, 
 
Affirming the obligation of all parties to respect 
international humanitarian law and international human rights 
law, 
 
Emphasizing the importance of the safety and well-being of 
all civilians, and reaffirming the obligation to ensure the 
protection of civilians in armed conflict, 
 
Gravely concerned by reports regarding serious human rights 
violations and grave breaches of international humanitarian 
law committed during the Israeli military operations in the 
Gaza Strip that were launched on 27 December 2008, including 
the findings of the &United Nations Fact Finding Mission on 
the Gaza Conflict8 and the Secretary-General,s Board of 
Inquiry, 
 
Condemning all targeting of civilians and civilian 
infrastructure and institutions, including United Nations 
facilities, 
 
Stressing the need to ensure accountability for all 
violations of international humanitarian law and 
international human rights law for preventing impunity, 
ensuring justice, deterring further violations and promoting 
peace, 
 
Convinced that achieving a just, lasting and comprehensive 
settlement of the question of Palestine, the core of the 
Arab-Israeli conflict, is imperative for the attainment of a 
comprehensive, just and lasting peace and stability in the 
Middle East, 
 
 
¶1.    Takes note of the report of the Human Rights Council on 
its Twelfth Special Session of 15-16 October 2009; 
 
¶2.    Requests the Secretary-General to transmit the report 
of the &United Nations Fact Finding Mission on the Gaza 
Conflict8 to the Security Council; 
 
¶3.    Calls upon the Government of Israel to take all 
appropriate steps, within a period of three months, to 
undertake investigations that are independent, credible and 
in conformity with international standards into the serious 
violations of international humanitarian and international 
human rights law reported by the &United Nations Fact 
Finding Mission on the Gaza Conflict8 towards ensuring 
accountability and justice; 
 
¶4.    Urges, in line with the recommendation of the &United 
Nations Fact Finding Mission on the Gaza Conflict8, the 
undertaking of investigations that are independent, credible 
and in conformity with international standards, within a 
period of three months, by the Palestinian side into the 
serious violations of international humanitarian and 
international human rights law reported by the &United 
Nations Fact Finding Mission on the Gaza Conflict8 towards 
ensuring accountability and justice; 
 
¶5.    Recommends to the Government of Switzerland, in its 
capacity as depositary of the Fourth Geneva Convention, to 
undertake the necessary steps as soon as possible to 
reconvene a Conference of the High Contracting Parties to the 
Geneva Convention on measures to enforce the Convention in 
the Occupied Palestinian Territory, including East Jerusalem, 
 
MEXICO 00003161  003.2 OF 003 
 
 
and to ensure its respect in accordance with common article 1; 
 
¶6.    Requests the Secretary-General to report to the General 
Assembly, within a period of three months, on the 
implementation of the present resolution, with a view to 
considering further action, if necessary, by the relevant 
United Nations organs and bodies, including by the Security 
Council; 
 
¶7.    Decides to remain seized of the matter. 
 
 
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http://www.state.sgov.gov/p/wha/mexicocity and the North American 
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