VZCZCXRO9984
OO RUEHAT
DE RUEHGV #2913/01 3191905
ZNR UUUUU ZZH
O 151905Z NOV 06
FM USMISSION GENEVA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1808
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 1687
INFO RUEHEE/ARAB LEAGUE COLLECTIVE PRIORITY
RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUCNISL/ISLAMIC COLLECTIVE PRIORITY
RUEHZJ/HUMAN RIGHTS COUNCIL COLLECTIVE
RUEHBP/AMEMBASSY BAMAKO 0064
RUEHLS/AMEMBASSY LUSAKA 0308
RUEHTV/AMEMBASSY TEL AVIV 4144

UNCLAS SECTION 01 OF 04 GENEVA 002913 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR IO/RHS, DRL/MLGA, L/HRR 
 
E.O. 12958: N/A 
TAGS: PHUM UNHRC
SUBJECT: HUMAN RIGHTS COUNCIL THIRD SPECIAL SESSION:  ONCE 
AGAIN CONDEMNS ISRAEL 
 
 
GENEVA 00002913  001.2 OF 004 
 
 
Summary 
-------- 
 
¶1. (U)  The Human Rights Council (HRC) concluded its third 
Special Session November 15 with the passage of a one-sided 
resolution condemning Israeli military operations in the 
Occupied Palestinian Territories, especially the death of 
civilians in Beit Hanoun November 8, by a vote of 32-8-6. 
The resolution accuses Israel of inflicting collective 
punishment on Palestinian civilians, and of violating 
international humanitarian law and human rights law. It also 
calls for a high-level fact-finding mission to travel to Beit 
Hanoun. The call for the Special Session was supported by the 
OIC, Arab League and NAM. The vote was called by Canada.  The 
European Union, which intended to vote no as a unified 
position, split when France changed to an abstention. 
General statements from OIC and Arab League members were 
predictably harsh and condemnatory of Israel, absolving the 
Palestinian government and Hamas of all blame.  Western Group 
and most GRULAC statements also condemned the events at Beit 
Hanoun, but called for balance in the Council's handling of 
the situation and stressed that Hamas and the Palestinian 
authority were complicit in the increasing violence by 
attacking Israel.  The U.S. statement delivered by the 
Ambassador can be found on U.S. Mission Geneva's website. 
End Summary. 
 
One Issue Special Sessions 
-------------------------- 
 
¶2. (U) In what has become a disturbing trend in the Human 
Rights Council, the Organization of the Islamic Conference 
(OIC) and the Arab League used their superior numbers to 
force the third special session of the Council to condemn 
Israeli military operations.  On this occasion the 
Non-Aligned Movement (NAM) supported the request for the 
session.  The request, which must be signed by 16 HRC 
members, was signed by Algeria, Azerbaijan, Bahrain, 
Bangladesh, Brazil, China, Cuba, Ecuador, Ghana, India, 
Indonesia, Jordan, Malaysia, Mauritius, Morocco, Nigeria, 
Pakistan, Philippines, Russia, Saudi Arabia, Senegal, South 
Africa, Sri Lanka, Tunisia and Zambia. At the urging of the 
OIC the session was held November 15 limiting the time for 
preparations and consultations, which point noted by a 
handful of delegations in their statements. 
 
¶3.  (U)  The OIC tabled a resolution, entitled "Human Rights 
violations emanating from Israeli military incursions in the 
Occupied Palestinian Territory including the recent one in 
Northern Gaza and the assault on Beit Hannoun," (text in para 
9), which harshly accused Israel of engaging in collective 
punishment by "willfully targeting civilians", and violating 
international humanitarian law, international human rights 
law.  The resolution called for the immediate dispatch of a 
high level fact-finding mission to be appointed by the HRC 
president to: 1) assess the situation of victims; 2) address 
the needs of survivors; and 3) make recommendations on ways 
and means to protect Palestinian civilians against further 
Israeli assaults. It also requests the UN Secretary-General 
and the UN High Commissioner for Human Rights to provide 
administrative, technical, and logistical assistance to allow 
the fact-finding team, which would be made up of two-to-four 
members, to carry out its mission.  Finally, it requests that 
the mission report back to the Council no later than 
mid-December 2006.  Foreshadowing the possibility of fourth 
special session on the Middle East, the resolution asks that 
the fact-finding mission report to the HRC "no later than the 
middle of December 2006."  Note: The next regular session of 
the Council will take place November 27-December 8. Since 
arrangements for the mission have yet to be made and its 
membership still to be determined, it is improbable that the 
group would be in position to report withing three weeks. End 
note. 
 
¶4. (U) The resolution was co-sponsored primarily by OIC 
member countries:  Algeria, Azerbaijan, Bahrain, Bangladesh, 
Belarus, Brunei, Chad, Cuba, Egypt, Ghana, Guinea, India, 
Indonesia, Iran, Jordan, Kuwait, Lebanon, Libya, Mali, 
Malaysia, Mauritius, Morocco, Nigeria, Oman, Pakistan, 
Philippines, Qatar, Russia, Saudi Arabia, Senegal, South 
Africa, Sri Lanka, Sudan, Syria, Tanzania, Tunisia, United 
 
GENEVA 00002913  002.2 OF 004 
 
 
Arab Emirates, Uzbekistan, Yemen, and Zambia. 
 
¶5.  (U) The vote was as follows: 
 
YES (32) - Algeria; Argentina; Azerbaijan; Bahrain; 
Bangladesh; Brazil; China; Cuba; Djibouti; Ecuador; Gabon; 
Ghana; India; Indonesia; Jordan; Malaysia; Mali; Mauritius; 
Mexico; Morocco; Nigeria; Pakistan; Peru; Philippines; 
Russia; Saudi Arabia; Senegal; South Africa; Sri Lanka; 
Tunisia; Uruguay; and Zambia. 
 
NO (8) - Canada; Czech Republic; Finland; Germany; 
Netherlands; Poland; Romania; and UK. 
 
ABSTAIN (6) - France; Guatemala; Japan; Republic of Korea; 
Switzerland; and Ukraine. 
 
NOT PRESENT (no vote) - Cameroon. 
 
Increased Support for Session 
----------------------------- 
 
¶6.  (U)  In discussions with U.S. Mission, the increased 
support for the session was explained by many as a reaction 
to increasing violence in Gaza and the events in Beit Hanoun. 
 While many acknowledged that Israel had apologized and 
launched an investigation into the incident, they said it was 
not enough.  They characterized Israel's military operations 
in Gaza as disproportionate and insufficiently concerned 
about causing civilian casualties.  GRULAC delegations in 
particular said that had the UN Security Council resolution 
been approved, they would have reconsidered their support for 
the one-sided special session resolution.  In their 
explanations of vote (EOV) Argentina, Guatemala, Peru, Brazil 
(with Ecuador), and Uruguay noted the unbalanced resolution 
but stressed that Israeli actions were unacceptable.  Japan's 
and France's EOVs also pointed to the one-sided nature of the 
resolution and its failure to call to account the Palestinian 
Hamas-led government for its actions and rejection of 
negotiations.  They also called for the Council to take a 
more balanced approach by addressing urgent situations 
throughout the world.  Interestingly, a number of delegations 
who voted for the resolution shared with Mission officers 
their concerns regarding the damage to the Council's 
credibility if it continues to deal with only one situation 
and allows itself to be railroaded by the OIC's agenda. 
 
¶7.  (U)  The European Union (with Japan) sought, but was 
rebuffed, to amend the resolution to condemn Hamas' call for 
terrorists acts against Israel and for the launching of 
rockets from Gaza against civilian targets in Israel.  The 
OIC's rejection of the amendments was not sufficient, 
however, to maintain EU unity against the text.  The French 
delegation, which had told us they were a firm no vote, 
received instructions midday to abstain. We understand that a 
small number of EU members may have been urging EU support 
for the resolution, while others remained firmly opposed. 
Ukraine had instructions to vote no if the EU in unison voted 
no, otherwise they were to abstain.  Japan, concerned about 
alienating OIC support for the DPRK resolution in Third 
Committee, opted to abstain. Ambassador Tichenor delivered 
the U.S. statement, which noted our sorrow at the loss of 
life in Beit Hanoun, highlighted the Council's failure to 
deal equitably and fairly with serious human rights 
situations worldwide, and pointed to Hamas' complicity in the 
violence. 
 
The U.S. 
-------- 
 
¶8. (U) A number delegations noted in their general statements 
the U.S. veto of the UN Security Council resolution. Cuba, 
Malaysia, Russia, Syria, Venezuela, Costa Rica, North Korea, 
and Egypt said that the UNSC's failure to adopt a resolution 
on the situation increased the urgency of having HRC action 
on the issue.  Cuba, Egypt and Syria charged that Israel's 
lack of restraint was due to U.S. protection as demonstrated 
by the U.S. veto.  The Palestian observer used the American 
Revolution and George Washington ("was considered a 
terrorist") as examples to follow in overthrowing tyrany and 
even quoted Thomas Payne. 
 
GENEVA 00002913  003.2 OF 004 
 
 
 
Resolution Text 
--------------- 
 
¶9.  (U)  BEGIN TEXT OF RESOLUTION-- 
 
"Human Rights Violations emanating from Israeli military 
incursions in the Occupied Palestinian Territory including 
the recent one in Northern Gaza and the assault on Beit 
Hanoun" 
 
The Human Rights Council, 
 
Affirming the applicability of the Fourth Geneva Convention 
relative to the Protection of Civil Persons in Time of War, 
of 12 August 1949, to the Occupied Palestinian Territory 
including East Jerusalem, 
 
Gravely concerned at the continued violation by the occupying 
Power, Israel, of the human rights of the Palestinian people 
in the Occupied Palestinian Territory, 
 
Recognizing that the Israeli military incursions in the 
Occupied Palestinian Territory, including the recent 
incursion in Northern Gaza and the assault on Beit Hanoun, 
constitute a collective punishment of the civilians therein 
and exacerbate the severe humanitarian crisis in the Occupied 
Palestinian Territory, 
 
Taking note of the sense of shock expressed by the Secretary 
General on the Israeli military operations carried out in 
Beit Hanoun on November 8; 
 
Emphasizing that the Israeli willful killing of Palestinian 
civilians including women and children constitutes a gross 
violation of human rights law and international humanitarian 
law, 
 
Affirming that under international humanitarian law, the 
medical personnel and means of transport of the Palestine Red 
Crescent Society must be protected and respected in all 
circumstances, 
 
¶1. Expressing its shock at the horror of Israeli killing of 
Palestinian civilians in Beit Hanoun while asleep and other 
civilians fleeing earlier Israeli bombardment; 
 
¶2. Condemns the Israeli killing of Palestinian civilians, 
including women and children, as well as medics in Beit 
Hanoun and other Palestinian towns and villages, and calls 
for bringing the perpetrators thereof to justice; 
 
¶3. Denounces the Israeli massive destruction of Palestinian 
homes, property and infrastructure in Beit Hanoun; 
 
¶4. Expresses its alarm at the gross and systematic violations 
of human   rights   of   the   Palestinian   people   in 
the   Occupied Palestinian Territory by the occupying Power, 
Israel, and calls for urgent international action to put an 
immediate end to these violations including those emanating 
from the series of incessant and repeated Israeli military 
incursions therein; 
 
¶5. Calls for immediate protection of the Palestinian 
civilians in the Occupied Palestinian Territory in compliance 
with human rights law and international humanitarian law; 
 
5 bis. "Urges all concerned parties to respect the rules of 
international humanitarian law, to refrain from violence 
against civilian population and to treat under all 
circumstances all detained combatants and civilians in 
accordance with the Geneva Convention of 12 August 1949; 
 
¶6. Decides to dispatch urgently a high-level fact-finding 
mission to be appointed by the President of the Human Rights 
Council to travel to Beit Hanoun to inter alia, assess the 
situation of victims; b) address the needs of survivors; and 
c) make recommendations on ways and means to protect 
Palestinian civilians against further Israeli assaults. 
 
¶7. Requests the Secretary-General and the United Nations High 
 
GENEVA 00002913  004.2 OF 004 
 
 
Commissioner for Human Rights to provide all administrative, 
technical and logistical assistance required to enable the 
fact-finding mission to fulfill its mandate promptly and 
efficiently; 
 
¶8. Requests the fact-finding mission to report to the Council 
no later than the middle of December 2006 on progress made 
towards the fulfillment of its mandate. 
 
--END TEXT 
 
 
TICHENOR