VZCZCXYZ0007
OO RUEHWEB

DE RUEHC #4497 3110813
ZNR UUUUU ZZH
O 060122Z NOV 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 8520-8521
INFO RUEHTV/AMEMBASSY TEL AVIV IMMEDIATE 9816-9817
RUEHJM/AMCONSUL JERUSALEM IMMEDIATE 6048-6049
RUEHGV/USMISSION GENEVA IMMEDIATE 0057-0058

UNCLAS STATE 114497 
 
SENSITIVE 
 
C O R R E C T E D   C O P Y  (ADDED SENSITIVE CAPTION) 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM UN IS
SUBJECT: INSTRUCTIONS TO VOTE AGAINST "FOLLOW UP OF THE 
REPORT OF THE UNITED NATIONS FACT FINDING MISSION ON THE 
GAZA CONFLICT (GOLDSTONE REPORT)" RESOLUTION IN THE UN 
GENERAL ASSEMBLY 
¶1.  (SBU) This cable is an action request for the United 
States Mission to the United Nations in New York (USUN) 
 
to call for a vote, if necessary, and vote against the 
resolution entitled "Follow up of the Report of the 
United Nations Fact Finding Mission on the Gaza Conflict 
(Goldstone Report)," as well as deliver an explanation of 
vote. USUN may also deliver the text in para 3 as a 
statement prior to the vote if appropriate.  Please see 
paras. 2-3.  End summary. 
 
ACTION REQUEST 
-------------- 
 
¶2.  (SBU) Mission is instructed to call for a vote on the 
above resolution, if necessary, and vote against it in 
the United Nations General Assembly. 
 
¶3.  (U) USUN should draw on the following text for its 
statement or explanation of vote: 
 
Mr. Chairman, 
 
The United States remains deeply concerned about the 
human suffering of the Palestinian and Israeli peoples that 
results from the ongoing Arab-Israeli conflict. The best 
way to end that suffering is to bring about a 
comprehensive peace in the region, including two states, 
Israel and Palestine, living side by side in peace and 
security. The United States is firmly committed to 
pursuing that goal. As we urge the parties to restart 
permanent status negotiations leading to the creation of 
a Palestinian state, we should all be seeking to advance 
the cause of peace and do nothing to hinder it. 
 
The United States strongly supports accountability for 
human rights and humanitarian law violations in relation 
to the Gaza conflict.  Our goal is to achieve genuine 
accountability in a way that respects internal processes 
and the ongoing efforts to restart permanent status 
negotiations between Israel and the Palestinians. 
 
As the United States made clear in Geneva, we believe 
that the Goldstone Report is deeply flawed -- including its 
unbalanced focus on Israel, its sweeping conclusions of 
law, the excessively negative inferences it draws about 
Israel's intentions and actions, its failure to deal 
adequately with the asymmetrical nature of the Gaza 
conflict, its failure to assign appropriate 
responsibility to Hamas for its decision to base itself and its 
operations in heavily civilian-populated urban areas, and 
its many overreaching recommendations. 
 
First, let me point out that we appreciate that the 
resolution under consideration calls on both Israel and 
the Palestinians -- although it does not name Hamas -- to 
pursue investigations of the allegations that pertain to 
each of them in the Report.  This is an advance over the 
original one-sided mandate provided by the Human Rights 
Council to the Goldstone Commission. We will continue to 
call for all parties to meet their responsibilities and 
pursue credible domestic investigations. 
 
Nevertheless, we also have real concerns about this 
resolution. 
 
Given the far-reaching legal conclusions and 
recommendations of the 575-page Goldstone Report, 
including findings that have serious implications for 
conflicts in other parts of the world, we do not think it 
appropriate to endorse the Report in its entirety. 
 
Attempting, as this resolution does, to press the 
Security Council to take this matter up is equally 
unconstructive. 
The Security Council is already seized of the situation 
in the Middle East and holds monthly meetings on the topic, 
the only subject on the Council's entire agenda that is 
discussed with such frequency.  As many member states 
have made clear, the appropriate forum for discussion of this 
report is the Human Rights Council. 
 
The resolution also unhelpfully introduces international 
supervision of the investigations to be undertaken by the 
parties that would interfere with the parties' ability to 
conduct their own processes. 
 
The proposed convocation of the High Contracting Parties 
to the Fourth Geneva Convention is also unnecessary and 
unproductive.  Convening a conference of the Contracting 
Parties to the Geneva Convention for the purpose of 
spotlighting one country would only heighten divisions 
and could set back the process of restarting permanent status 
negotiations. This and the other imbalanced references to 
the parties throughout the text -- including the failure 
to mention Hamas by name -- convey the impression that 
this body is, yet again, handling Arab-Israeli issues in 
an unbalanced manner. 
 
For these reasons, we will vote against the resolution. 
But we believe that lifesaving progress can be made if we 
can lift our sights and look toward a more hopeful 
future. 
The United States will continue to work resolutely in 
pursuit of a just and lasting peace. 
 
POINT OF CONTACT 
---------------- 
 
¶4.  (U) Please contact Paul Kruchoski at (202) 736-7038 
with follow-up questions or requests for additional 
information. 
CLINTON