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O 052127Z DEC 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5481
INFO RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 03 USUN NEW YORK 001142 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC KWBG KPAL IS LY EG
SUBJECT: UNSC: COUNCIL MEETS AT LIBYAN REQUEST TO DISCUSS 
LIBYAN VESSEL DENIED ACCESS TO GAZA PORT 
 
REF: A. TEL AVIV 2694 
     ¶B. TRIPOLI 931 
 
¶1.  (SBU) The Security Council met December 3 at Libya's 
request to discuss the Israeli Navy's action to deny entry of 
a Libyan vessel carrying humanitarian assistance to the port 
of Gaza.  The Council invited both Israeli and Palestinian 
representatives to participate in the meeting.  The Libyan 
Perm Rep asked the Council to take action to allow the vessel 
to enter the port and unload its cargo and to issue a press 
statement condemning the Israel action, which he also 
described as amounting to piracy.  The Israeli Perm Rep 
criticized Libya for using its Security Council membership to 
call the meeting; said no member state would have allowed a 
ship from a hostile state to unload cargo in a territory from 
which it was being attacked; and said Libya could have 
delivered the assistance through the well-known delivery 
mechanisms.  The Palestinian Ambassador called on Israel to 
end the "inhumane siege" on Gaza and comply with its 
obligations under international law.  He called on the 
international community to not "remain on the sidelines." 
Ambassador Wolff said the Council was being asked to meet in 
response to a situation of Libya's own making; that Libya 
should have used one of the acceptable assistance delivery 
mechanisms; and that the Israeli Navy's action did not meet 
the definition of piracy under the Law of the Sea Convention, 
with which the UK DPR concurred.  Ambassador Wolff also 
stressed that the humanitarian crisis in Gaza is due to the 
usurpation of the legitimate Palestinian government's 
authority by Hamas.  All 13 other member states spoke and 
almost all focused on the need to keep the crossings into 
Gaza open to facilitate the transfer of humanitarian 
assistance.  Several specifically objected to the manner in 
which Libya attempted to deliver its assistance.  Only South 
Africa called for the opening of the Gaza port.  At least six 
states recognized Israel's security needs and called for the 
end to the rocket attacks.  There was no agreement on a press 
statement and the Libyan delegation did not pursue one 
further.  End summary. 
 
¶2.  (SBU) The Security Council held consultations late in the 
morning on December 3 to discuss two letters, dated December 
2, 2008, from the Libyan Perm Rep to the Security Council 
President calling for the Council to meet urgently to discuss 
Libya's request to take urgent action to allow a Libyan ship 
that had been turned back by the Israeli Navy to be permitted 
to enter the Port of Gaza to unload its humanitarian cargo. 
Since the Provisional Rules of Procedure of the Security 
Council provide that any member of the Council may call a 
meeting of the Council, the Council agreed to meet that same 
afternoon to discuss the issue and also agreed to invite 
Israeli and Palestinian representatives to participate in the 
meeting. 
 
Libya's brief 
------------- 
 
¶3.  (SBU)  The Security Council met in a formal meeting late 
on December 3 to discuss the subject raised by Libya.  The 
Libyan Perm Rep spoke first and outlined his request to the 
Council.  He said a Libyan vessel, the al-Marwa, laden with 
3,000 tons of food, medicine, and other humanitarian 
assistance had been turned back by "Israeli gun boats" from 
approaching the port of Gaza.  He asked the Council "to take 
the necessary urgent actions to allow the ship to enter the 
port and unload its cargo."  He said Libya would allow the UN 
or the International Red Cross/Red Crescent to inspect the 
cargo to confirm that it is purely humanitarian.  He said 
that when faced with the potential use of arms by the "gun 
boats," the Libyan vessel had no option but to head west away 
from Gaza.  He said the Israeli ships forced the vessel to 
sail in a specific direction and said that Israeli aircraft 
flew overhead.  He alleged that the Israeli ships' actions 
amounted to piracy since they continued to force the Libyan 
vessel to sail in a certain direction though it was more than 
220 nautical miles from the Gazan coast.  He asked the 
Council to agree to issue a press statement condemning the 
Israeli action and calling on Israel to comply with 
international humanitarian law, the Law of the Sea, and 
freedom of navigation on the high seas. 
 
Israel's response 
----------------- 
 
¶4.  (SBU) The Israeli Perm Rep criticized Libya for using its 
Security Council membership to convene such a meeting, 
terming it a "provocative abuse of its role."  She said, "No 
member state of this Council, nor any other member of the 
United Nations, would allow a shipment originating from a 
hostile state to reach a territory that serves as a launching 
 
USUN NEW Y 00001142  002 OF 003 
 
 
pad for terrorist attacks against its civilians."  She said 
that many states, even those without diplomatic relations 
with Israel, have delivered assistance to the Palestinians 
through the well-known assistance delivery mechanisms and did 
not resort to such "provocative, media events." 
 
Palestinian brief: focused on 
humanitarian crisis, end to "siege" 
----------------------------------- 
 
¶5.  (SBU) The Palestinian Ambassador praised Libya's attempt 
to deliver assistance to Gaza and regret that it was not 
successful.  He described the humanitarian crisis in Gaza and 
the need to end "this inhumane siege and compel Israel to 
comply with its obligations under international law."  He 
cited Article 33 of the Fourth Geneva Convention which 
prohibits an occupying power from imposing collective 
penalties and said the "17-month Israel siege has transformed 
the Gaza Strip into an open-air prison."  He did not mention 
the Hamas take-over of Gaza.  He said,"every sector of life 
in the Gaza Strip has been disrupted by this criminal, 
punitive siege."  He said that the Palestinian leadership 
continues to "exert all efforts to advance the peace process 
and uphold its commitments" while Israel continues "its 
illegal practices and provocative actions."  He reiterated 
the PA's readiness to assume responsibility for the 
Palestinian side of Gaza's border crossings.  He said the 
international community "cannot remain on the sidelines as 
Israel continues to flagrantly and blatantly breach 
international law and UN resolutions."  (Comment: Ambassador 
Wolff noted at the end of his remarks that Ambassador 
Mansour's lengthy, prepared remarks "would have enjoyed more 
credibility if he would have been able to simply repeat his 
leadership's own known views" on the take-over of Gaza.  End 
comment.) 
 
U.S. remarks 
------------ 
 
¶6.  (SBU) Ambassador Wolff spoke fourth and expressed 
bafflement that the Council had been asked to meet by a 
Council member in reaction to a situation of its own making. 
Given that Libya does not have diplomatic relations with 
Israel and the current heightened international sensitivity 
to unpredictable and uncoordinated maritime activity, he 
termed the Libyan action "dangerous and irresponsible" and 
said it is not surprising that the Israeli Navy reacted in 
the way it did.  He noted the acceptable alternatives Libya 
could have utilized to successfully deliver its assistance 
and highlighted the November 26 Arab League Council statement 
assigning specific responsibility to the Arab League 
Secretariat to coordinate with Egyptian and Jordanian 
authorities to ensure the entry of assistance to Gaza. 
Ambassador Wolff concluded that "provocation and perhaps even 
propaganda was the intended objective of the Libyan vessel's 
activity."  He underlined the reason the humanitarian crisis 
exists in Gaza -- the usurpation of the legitimate 
Palestinian government's authority by Hamas.  (Note: 
Ambassador Wolff's remarks are posted on the Mission's 
Internet website at 
www.usunnewyork.usmission.gov/press releases.  End note.) 
 
Both U.S. and UK counter Libyan 
allegations of Israeli piracy 
------------------------------- 
 
¶7.  (SBU) Both Ambassador Wolff and the UK DPR countered the 
Libyan Perm Rep's claims that the Israeli Navy's actions 
amounted to piracy.  Ambassador Wolff said that the Libyan 
vessel's second attempt to enter the port of Gaza, according 
to media accounts from Tripoli, justified the Israeli Navy's 
decision to "esort the vessel beyond the territorial sea and 
into international waters."  He said, "It cannot be said that 
"Israel's actions consituted piracy under the Law of the Sea 
Convention.  Piracy has a very specific meaning under 
international law, including that the act has been by a 
private ship for private ends.  It is absurd to assert Israel 
committed an act of piracy."  The British DPR also cited the 
piracy definition from the Law of the Sea Convention and said 
that because the matter involved "an Israeli naval ship it 
cannot constitute an act of piracy." 
 
Many states object to Libya's delivery 
method but call for open crossings 
-------------------------------------- 
 
¶8.  (SBU) Several delegations, including the UK, Belgium, 
Croatia, and Italy, specifically objected to the manner in 
which Libya attempted to deliver its assistance.  South 
Africa was alone in calling for the opening of the port of 
 
USUN NEW Y 00001142  003 OF 003 
 
 
Gaza and said that Israel's security concerns should not be 
used as a justification for not allowing in humanitairian 
goods.  Almost all Council members called for the land 
crossings to be opened regularly, if not continuously, to 
facilitate the transfer of humanitarian assistance.  At least 
six Council members recognized Israel's security needs and 
called for an end to the rocket attacks, including Russia and 
Costa Rica.  The Costa Rican Perm Rep called on Hamas to 
"place the needs of the Palestinian people before anything 
else."  The French DPR noted that the Libyan ship issue puts 
into perspective the issue of access to Gaza by land and sea 
and said they would explore the issue with the Quartet at its 
upcoming meeting. 
 
Libya does not pursue Council 
press statement 
----------------------------- 
 
¶9.  (SBU) While the Libyan Perm Rep had asked the Council to 
pursue a press statement, member states' remarks clearly 
illustrated that there was little support for the type of 
press statement proposed by the Libyans.  By the end of the 
meeting, the Libyan Perm Rep said in his reply that he was 
satisfied that the meeting had been held and made no 
reference to further pursuing a press statement.  (Note: The 
Libyan expert confirmed to PolOff December 4 that his mission 
had no plans to pursue further the matter of their vessel but 
noted reports of a possible Qatari vessel that might attempt 
the same passage.  End note.) 
Wolff