VZCZCXRO3835
OO RUEHROV RUEHTRO
DE RUCNDT #0928/01 2921920
ZNR UUUUU ZZH
O 191920Z OCT 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7378
INFO RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 04 USUN NEW YORK 000928 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KWBG KPAL UN IS LE
SUBJECT: UNSC: MIDDLE EAST OPEN DEBATE - NON-MEMBERS 
CRITICIZE ISRAEL FOR GOLDSTONE REPORT AND EAST JERUSALEM 
TENSIONS 
 
REF: A. STATE 106424 
     ¶B. USUN NEW YORK 500 
 
¶1.  (SBU) Summary: On 14 October, the Security Council held 
its Open Debate on the Middle East. Under Secretary-General 
Pascoe briefed the Council on recent events, noting that 
there had been no significant progress on the peace process. 
He referred to recent tensions in East Jerusalem as well as 
within the Palestinian community in reactions to the Human 
Rights Council's (HRC) decision to defer the Goldstone 
report.  The Palestinian Foreign Minister briefed the Council 
and focused on what he termed Israel's intransigence and 
defiance on the peace process.  He called for the HRC to 
endorse the Goldstone report and convey it to the pertinent 
UN bodies.  The Israeli Perm Rep specifically referred to the 
continuing rocket fire from Gaza and the recent explosion in 
southern Lebanon and described both areas as occupied by 
terrorists.  She called for the international community to 
recognize Israel's right to self-defense.  All 15 Security 
Council members spoke, with all maintaining their usual 
positions on the subject and many calling for the Goldstone 
report discussion to be first concluded in the Human Rights 
Council before being discussed in the Security Council. 
Twenty-seven non-Council member delegations spoke; many 
criticized Israel's actions in the region.  (Note: Lebanon 
chose not to speak at the debate.  Usually, Lebanon 
participates in Open Debates but was running in the next 
day's (October 15) election as Security Council elected 
member candidate.  End note.)  End summary. 
 
Secretariat briefing 
-------------------- 
 
¶2.  (SBU) On October 14, Under Secretary-General for 
Political Affairs Lynn Pascoe briefed the Security Council at 
the start of the Council's regular monthly meeting on the 
Middle East, which this month took the form of an Open 
Debate.  He noted that there had been no significant progress 
on the peace process, though Special Envoy Mitchell has been 
back in the region.  He emphasized the need for greater 
political will from the two parties.  He then turned to 
recent developments in the region since the Secretariat's 
last briefing to the Council on September 17, including the 
incidents in East Jerusalem and on the Haram al-Sharif/Temple 
Mount compound and the tensions within the Palestinian 
community in reaction to the Human Rights Council's deferral 
of the Goldstone report.  He repeated the Secretary-General's 
call for all sides to exercise restraint.  On the Goldstone 
report, he referred to the Secretary-General's repeated 
statements that "peace and justice are two sides of the same 
coin" and his call for credible domestic investigations into 
the conduct of the conflict.  He noted the continuing rocket 
fire from Gaza and the lack of an Israeli response to the 
UN's pilot reconstruction project proposal for Gaza.  On 
Lebanon, he said that Prime Minister-designate Saad Hariri 
continues to engage in intense consultations to form a 
government and that the UN believes the early formation of 
such a government is critical to enabling the country to face 
important challenges.   He referred to the recent explosions 
in Tripoli and said that UNIFIL is investigating the October 
12 explosion in Tayr Filsay in southern Lebanon. 
 
Palestinian FM: Israel's intransigence 
and defiance jeopardize peace prospects 
--------------------------------------- 
 
¶3.  (SBU) Palestinian Foreign Minister Riad al-Malki 
highlighted what he termed Israel's intransigence and 
defiance in not returning to the peace process and in 
continuing to obstruct the reconstruction of Gaza.  He called 
the Goldstone report another wake-up call which needs the 
Human Rights Council's (HRC) urgent attention.  He detailed 
the conclusions of the report against Israel and acknowledged 
the allegations against the Palestinian side.  He 
underscored, "While we reject any equation of the occupying 
power's aggression and crimes with actions committed in 
response by the Palestinian side, we wish to reaffirm that 
there is no symmetry or proportionality between the occupier 
and the occupied."  He reaffirmed that domestic legal 
investigations would be pursued on the Palestinian side.  He 
called the Goldstone report "another damning record of the 
Israeli crimes" and referred to previous investigations, 
including the Secretary-General's Gaza Board of Inquiry and 
investigations by various NGOs.  He said he hoped the HRC 
would endorse the report and formally convey it to the 
pertinent UN bodies, in conformity with the report's 
recommendations.  He called for a break in the cycle of 
Israel's impunity.  He then turned to recent events in East 
Jerusalem and called the situation "highly volatile due to 
 
USUN NEW Y 00000928  002 OF 004 
 
 
Israel's illegal and provocative actions and incitement."  He 
referred to Palestinian efforts to draw the Council's 
attention to "the increasing and unprecedented levels of 
Israeli aggression in occupied East Jerusalem."  (Comment: We 
understand that if Council action is not forthcoming on the 
Goldstone report, the Palestinians and Arabs may pursue a 
Council resolution on Israeli activities in East Jerusalem. 
End comment.) 
 
Israeli Perm Rep: international community 
must recognize Israel's right to self-defense 
--------------------------------------------- 
 
¶4.  (SBU) Israeli Perm Rep Shalev opened her remarks by 
stressing that Israel seeks a genuine, defensible, and 
permanent peace with two states living side-by-side in peace 
and security.  She then turned to recent events and referred 
to the 13 rockets fired at Israel in September, as well as 
the multiple attempts to infiltrate it from Gaza, the rockets 
launched from Lebanon, and the recent explosion in southern 
Lebanon.  She called for UNIFIL to promptly and thoroughly 
investigate that explosion and commented that southern 
Lebanon is occupied by Hizballah's terrorists.  She noted 
that behind Hizballah stands Iran, which had recently 
acknowledged the presence of a uranium enrichment plant.  She 
said, "The world's most dangerous weapons are quickly falling 
into the hands of the most dangerous regime in the world" and 
that is the real threat to peace and security.  She referred 
to Israel's withdrawal of settlements from Gaza and its high 
hopes for Gaza turning into a nightmare with Hamas' 
construction of an infrastructure of terror.  She referred to 
Gaza as occupied by Hamas terrorism and its open rejection of 
Israel's right to exist.  She referred to the fact that the 
date of the Open Debate had been moved forward in response to 
Libya's urgent request for a meeting and said that such a 
request should be in reference to the continuous shelling of 
Israel from Gaza and Lebanon, not in response to a request 
from Council member who was responsible for Lockerbie and 
calling the Security Council the Terror Council in his 
statement during the General Debate.  She termed the 
Goldstone report biased, one-sided, and wrong, and a "prize" 
for terrorist organizations.  She ended by noting that if 
Israel is to take further risks for peace (as it did with its 
disengagement from Gaza), then the international community 
must recognize Israel's right to self-defense. 
 
Security Council members: 
maintain usual positions 
------------------------ 
 
¶5.    (SBU) Most Council members reiterated their usual 
positions - calling for both parties to fulfill their 
obligations under the Roadmap, including a freeze of 
settlement construction by Israel, and for the implementation 
of resolutions 1850 and 1860.  The majority welcomed U.S. 
efforts on the peace process, as well as Egyptian efforts to 
achieve intra-Palestinian unity.  Several also called for the 
release of Gilad Shalit.  (Note: Ambassador Wolff drew his 
remarks from ref A.  End note.) 
 
¶6.    (SBU) Regarding heightened tensions in East Jerusalem, 
the Perm Reps of Austria, Russia, and the UK urged both 
parties to diffuse tensions around the holy sites.  Russia 
urged both sides not to use religion for political reasons or 
to exacerbate the situation.  On Gaza, Mexico and the UK 
warned that life there will become harder as winter sets in, 
and called on Israel to ease its restrictions.  The Libyan 
Perm Rep assailed Israel for its continuing blockade of Gaza. 
 On Lebanon, most called for the full implementation of UNSCR 
1701 and voiced support for a Lebanese government to be named 
soon.  Costa Rica called upon all regional states to take an 
active role in the peace process by reducing the number of 
provocative statements and recognizing Israel's right to 
exist.  Russia referred to the peace conference to be held in 
Moscow to address the situation; Vietnam later supported this 
proposal.  The French Perm Rep reiterated President Sarkozy's 
call with President Mubarak for a summit under the Union for 
the Mediterranean. 
 
¶7.  (SBU) Concerning the Goldstone Report, the UK concurred 
that the report was biased and noted its support of Israel's 
right to self-protection, while acknowledging that there were 
instances in which Israel went too far. Austria, Burkina 
Faso, Costa Rica, Japan, Mexico, Russia, and the United 
Kingdom referred to the fact that the report should be 
discussed first by the Human Rights Council and some noted 
the Human Rights Council session scheduled for the next day 
in Geneva.  Other delegations voiced appreciation for the 
work of the Goldstone fact-finding commission and its efforts 
 
USUN NEW Y 00000928  003 OF 004 
 
 
to seek balance. Libya termed the report a "wake-up call," 
stating that "the rules of procedure cannot sail on seas of 
blood."  The Libyan Perm Rep thoroughly detailed in his 
intervention the allegations from the Goldstone report and 
called for ending the culture of impunity, bringing the 
guilty to justice, compensating victims, and ending the 
collective punishment of the Palestinian people.  In 
addition, he condemned the destruction of water supplies and 
poultry farms in Gaza, as well as Israeli targeting of 
ambulances. 
 
Non-Council Members: 
many criticize Israel 
--------------------- 
 
¶8.  (SBU) Twenty-seven non-Council members also spoke at the 
Open Debate.  Egypt spoke on behalf of the Non-Aligned 
Movement (NAM); Syria spoke on behalf of the Organization of 
the Islamic Conference (OIC); Sudan spoke on behalf of the 
Arab Group; and Sweden spoke on behalf of the European Union 
(EU).  (Note: Lebanon chose not to speak at the debate. 
Usually, Lebanon participates in Open Debates but was running 
on October 15 for a Security Council seat.  End note.) Many 
delegations continued the condemnation of Israeli actions. 
Most called upon Israel to immediately cease all settlement 
activity and lift the blockade imposed on Gaza.  Egypt and 
Cuba described the settlers as "extremists," citing attacks 
on mosques as well as on Palestinian civilians.  Several 
countries condemned the destruction of homes and eviction of 
Palestinians in the West Bank.  Egypt and Indonesia called 
the Israeli blockade of Gaza a "collective punishment" 
enforced upon the entire Palestinian population.  The 
delegations of Egypt and Liechtenstein called upon Israel to 
comply with the terms outlined in UNSC Resolution 1860; Syria 
and Cuba called for compliance with UNSC Resolution 497 on 
the Golan.  Many delegations called for immediate action by 
the Security Council and an end to the "culture of impunity." 
 In a sentiment later echoed by the Permanent Observer of the 
League of Arab States in a call for perpetrators to be 
brought to the International Criminal Court, the Sudanese 
Perm Rep contended that "Israel has always been above the 
law," while Egypt declared that "criminal justice must take 
its course."  The Venezuelan Perm Rep emphasized that 
Venezuela will continue to suspend its diplomatic relations 
with Israel. 
 
¶9.  (SBU) While most delegations did call for a two-state 
solution to the conflict, with many advocating for the 1967 
borders, a few delegations delivered more balanced 
interventions than those cited above.  In addition to 
condemning ongoing settlement activity, the Perm Reps of 
Brazil, Sweden, and Australia also called for Palestinians to 
make their own efforts toward peace.  They urged the PA to 
increase its security efforts and build governmental capacity 
with many referred in the PA Prime Minister Fayyad's two-year 
state institution building plan.  They also called for an end 
to rocket attacks on Israel.  Pakistan, among others, called 
for the PA to "achieve intra-Palestinian reconciliation, 
which is an essential pre-requisite for credible and 
comprehensive peace."  Iceland and Australia specifically 
acknowledged Israel's right to self-protection.  Brazil, 
Indonesia, Australia, and Jordan expressed support for recent 
Quartet action to find a solution, as well as for President 
Obama's statements on the subject. 
 
¶10.  (SBU) Several delegations focused more on the problems 
in East Jerusalem.  Egypt, Brazil, Sweden, the League of Arab 
States, Bangladesh, Iceland, Morocco (speaking on behalf of 
the Arab League's al-Quds Committee), and Jordan all referred 
to the incidents at holy sites, most notably the Haram 
al-Sharif.  These delegations urged both parties to refrain 
from all provocative actions and statements concerning these 
sites.  A number of delegations condemned reports of Israeli 
excavations at these sites. (Comment: It appeared that 
Morocco asked to exchange places with Australia in order to 
not have to sit next to Israel.  We expect such behavior of 
Iran (and Venezuela slid down in the order to accommodate 
Iran this time) but not Morocco.  End comment.) 
 
Discussion of Goldstone report 
by non-Council members 
------------------------------ 
 
¶11.  (SBU) The Egyptian Perm Rep, speaking on behalf of the 
NAM, noted its "grave concern" over the details of the 
Goldstone Report, as well as the reports of other 
fact-finding missions sent to the area, including the Gaza 
Board of Inquiry.  He advocated that all appropriate legal 
action be taken on the recommendations of the report, 
 
USUN NEW Y 00000928  004 OF 004 
 
 
reminding the Security Council that it is necessary to 
achieve a just solution to the problem.   Indonesia, South 
Africa, Pakistan, Tanzania, Bangladesh, Malaysia, Morocco, 
Jordan, and Venezuela all aligned with the NAM statement. 
Syria, speaking on behalf of the OIC, said that the report 
confirmed that the root of the problem was the continued 
Israeli occupation.  It marked its regret at the 
non-compliance of the Israeli government to allow for war 
crimes investigations to be completed.  Syria also supported 
the Libyan request to convene a special meeting to discuss 
the report.  Indonesia, Pakistan, Malaysia, Morocco, and 
Jordan aligned with the OIC statement. 
 
¶12.  (SBU) Most of the other delegations (Sudan, Nicaragua, 
Indonesia, South Africa, League of Arab States, Switzerland, 
Bangladesh, Malaysia, Iran,) expressed grave concern with the 
findings of the Goldstone report. They urged that the 
recommendations from the Report be adopted and enforced by 
the Security Council.  Sudan noted Israel's lack of 
cooperation throughout the investigation, stating that 
"Israel has always been above the law."  Nicaragua asserted 
that the report was "one more piece of evidence of all the 
crimes committed by Israel," and Cuba noted that the Report 
was unbiased and written by a team of the "utmost legal 
rigor."  Liechtenstein expressed its hope that impunity did 
not prevail in light of the findings.  Iran contended that 
the Goldstone report reflected only partial, minimal examples 
of Israeli crimes, and claimed that the Security Council's 
ability to enforce the recommendations would be seen as a 
test of its credibility.  The Malaysian delegation also 
brought up the question as to why the Security Council had 
been silent on the findings of the Gaza Board of Inquiry's 
report, issued in the spring.  (Note: See USUN New York 500. 
End note.) 
 
¶13.  (SBU) Sweden, speaking on behalf of the EU, stated that 
it is still in the process of assessing the Goldstone report, 
but that it deplores the civilian casualties mentioned. 
Sweden stated that it would leave it to the Human Rights 
Council to ensure the proper follow-up, conducting credible 
investigations into the matter.  Australia and Norway 
expressed similar sentiments. 
 
¶14.  (U) The full text of the Provisional Verbatim Record of 
the Open Debate can be found at 
www.un.org/Depts/dhl/resguide/scact2009.htm. 
Wolff