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DE RUCNDT #1008/01 3132145
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O 092145Z NOV 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7564
INFO RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHEE/ARAB LEAGUE COLLECTIVE IMMEDIATE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHXX/GENEVA IO MISSIONS COLLECTIVE IMMEDIATE
RUEHZJ/HUMAN RIGHTS COUNCIL COLLECTIVE IMMEDIATE
RUCNISL/ISLAMIC COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 05 USUN NEW YORK 001008 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM UN UNGA IS
SUBJECT: UNGA PASSES CONTROVERSIAL RESOLUTION SUPPORTING 
GOLDSTONE REPORT 118 FOR, 18 AGAINST, 44 ABSTAINING 
 
REF: SECSTATE 115531 
 
USUN NEW Y 00001008  001.2 OF 005 
 
 
¶1. (U) SUMMARY:  The UN General Assembly met in plenary on 
November 4th and 5th to discuss the Report of the Human 
Rights Council (HRC) on the report on the UN fact-finding 
mission on the Gaza Conflict (the Goldstone Report). A draft 
resolution endorsing the report passed with 118 for, 18 
against, and 44 abstentions. The U.S. delivered an 
explanation of vote affirming the importance of 
accountability and human rights, but noting the one-sided 
nature of the Goldstone Report and that UNGA is not the 
appropriate forum for follow up. The vast majority of 
speakers condemned Israel's military actions in Gaza, many 
using the terms "war crimes" and "crimes against humanity" to 
describe the events.  Libya's comments were particularly 
vitriolic, claiming that Israel is a state built on "ethnic 
cleansing" and "genocide." Cuba, Nicaragua, and Venezuela 
criticized the U.S. for its support of Israel, with Venezuela 
blaming the U.S. for endorsing genocide.  Judge Goldstone was 
praised for performing his mission with objectivity. Many 
countries that voted no or abstained explained their vote by 
saying that the report and process are biased and that the 
matter ought to have been discussed in the Human Rights 
Council. Some countries called on both the Israelis and 
Palestinians to follow up with independent and transparent 
investigations. The Palestine Observer promised to continue 
to pursue the matter, including in the Security Council, 
until all of the Israelis committing war crimes can be held 
accountable for their actions. END SUMMARY 
 
¶2. (U) SPEAKERS LIST: The following delegations delivered 
interventions:  Egypt, Palestine, Senegal, Sweden, Syria, 
Israel, Sudan, Iran, Turkey, Libya, Vietnam, Bahrain, UAE, 
Morocco, Lebanon, Oman, India,Liechtenstein, Japan, Algeria, 
Switzerland, Indonesia, Brazil, Jordan, Cuba, Ecuador, Qatar, 
Norway, Nicaragua, Djibouti, South Africa, Tunisia, Kuwait, 
China, Bangladesh, Saudi Arabia, Iceland, Mexico, Mauritania, 
Malaysia, Pakistan, Maldives, Venezuela, and the Observer of 
the Arab League.  The following countries delivered 
explanations of vote: the United States, Israel, Argentina, 
the Philippines, Albania, Norway, Russian, Syria, Mexico, 
Chile, Guatemala, Malaysia, Australia, Canada, Netherlands, 
Brazil, Columbia, New Zealand, Iran,India, Costa Rica, 
Switzerland, Lichtenstein, Panama, Uruguay, Benin, Ireland, 
and Palestine. 
 
¶3. (U) PRESIDENT OF GENERAL ASSEMBLY TREKI CALLS FOR UNITY: 
President of the General Assembly Ali Trekki opened the 
session, declaring that "for the sake of human rights, let us 
stand united." Assessing the Goldstone report, he noted that 
it "documents serious violations of human rights" for the 
people of Gaza. He called on delegations to leave politics at 
the door and take up the issue based on one set of rules. He 
said that religion, race, and other factors should not 
matter, and "the question before us is simple despite the 
political sensibilities associated with it." 
 
¶4. (U) EGYPT/NON-ALLIGNED MOVEMENT: Egypt, speaking on behalf 
of the Non-Aligned Movement (NAM), introduced the resolution 
and said it is seeking to "ensure accountability for all 
breaches of international humanitarian law and human rights 
law." Egypt called on the GA to "demonstrate its unequivocal 
support for human rights and the protection of civilians on 
both the Palestinian and Israeli sides."  Egypt called on 
Israel to launch an investigation into the serious 
violations, and condemned the "targeting of civilians and 
civilian infrastructure" and those violations "committed by 
Israel, the occupying power, against the defenseless 
Palestinians civilian population." 
 
¶5. (U) PALESTINIAN OBSERVER ACCUSES ISRAEL OF WAR CRIMES AND 
URGES DELEGATES TO TAKE ACTION: Palestinian Permanent 
Observer Riyad Mansour, affirmed the Goldstone Report and 
noted that it "constitutes a significant step towards ending 
the insidious culture of impunity" and will help to ensure 
"justice for the Palestinian people, who have for too long 
suffered the grave injustice inflicted upon them."  Mansour 
said that only Israel "denies the right to self-determination 
and human rights of our people." He said this is a test of 
the international community to address the "illegal practices 
of the Israeli occupation, the last and longest in modern 
history." Mansour blamed Israel for causing "thousands of 
deaths and injuries among the civilian population, including 
among children and women, and wanton destruction of homes, 
vital civilian infrastructure, public institutions, 
industrial and agricultural properties and UN facilities." 
 
USUN NEW Y 00001008  002.2 OF 005 
 
 
He said Israel engaged in "the willful killing of civilians" 
amounting to "human rights violations and grave breaches of 
international humanitarian law and war crimes."  Mansour 
called for action, asking member states to work "individually 
and collectively, with the utmost urgency" and warning that 
"unchecked impunity and the absence of justice will only 
continue to obstruct peace efforts and prolong this tragic, 
painful conflict." 
 
¶6. (U) ISRAEL CALLS REPORT BIASED AND REAFFIRMS COMMITMENT TO 
FIGHT TERRORISM: Israel's Permanent Representative Ambassador 
Gabriela Shalev began by expressing grief for innocent 
civilians killed in terrorist attacks in Baghdad, Peshawar, 
New York, and nearly twenty other locations, listing each one 
by name. She criticized the Human Rights Council for not 
investigating the more than 12,000 rockets fired by Hamas 
into Israel and called the report's objectivity into 
question, claiming that "Goldstone himself publicly conceded 
that if his fact-finding mission had been a judicial inquiry, 
a member of his team would have been disqualified for 
outright bias against Israel." According to Shalev, the 
evidence for the accusations in the Goldstone report is "at 
best uncorroborated, and at worst false." Shalev assured the 
audience that Israel is "committed to investigating every 
allegation of misconduct by its forces."  She reaffirmed 
Israel,s commitment to "two states for two peoples," but 
reminded delegates that to reach this goal, Israel "must know 
that terrorists will not have impunity as they turn our 
gestures of peace into weapons of war." 
 
¶7. (U) HARSH CRITICISM AND MUTED SUPPORT FOR U.S. ROLE: 
Venezuela said that the "financial and military resources 
provided by the United States to the Government of Israel, as 
well as its protection in international forums endorse the 
genocide of the Palestinian people."  Cuba said that Israel 
is able to "continue to enjoy impunity" only thanks to the 
support of the "superpower" and implied that the U.S. 
supports occupation by providing weapons to Israel. Nicaragua 
said the U.S. relationship with Israel is responsible for 
much of the ongoing violence in the Middle East. Morocco cast 
the U.S. role in a more positive light, commending President 
Obama's efforts on the peace process. 
 
¶8. (U) SYRIA AND OIC - ISRAEL ONLY SEES ONE TARGERT: 
CIVILIANS:  Syria, speaking on behalf of the Organization of 
the Islamic Conference (OIC), claimed that "all independent 
reporting pointed to serious violations of human rights and 
international law" and "confirmed the international 
community's worst fears of war crimes."  Syria blamed Israel 
for its refusal to cooperate with 23 fact-finding missions 
and claimed that Israeli tanks and battleships "could see 
only one target on their radar screens: civilians." Syria 
commented that the "OIC has repeatedly cautioned that Israeli 
measures undermine the unity and integrity of the Palestinian 
people." 
 
¶9. (U) IRAN ACCUSES ISRAEL OF ATTACKING CIVILIANS, CALLS FOR 
ACCOUNTABILITY:  Iran drew on the Goldstone report to accuse 
Israel of using white phosphorus, placing Palestinians as 
human shields, using flechette munitions against civilians, 
targeting mosques, and committing other attacks on civilian 
objects as well as indiscriminate attacks. Iran claimed that 
the Israeli attacks were a violation of the "fundamental 
provisions of international humanitarian law" and that the 
military actions along with the "longtime blockade on the 
Gaza population" violated blatantly and grossly every human 
right of the Palestinian people."  Iran called upon the 
General Assembly to take "measures with regard to ensuring 
accountability for serious violations of international 
humanitarian law and human rights." 
 
¶10. (U) LIBYA BLAMES ARABS FOR NON-AGGRESSION, CONDEMS ARAB 
PEACE PLAN, SAYS ISRAEL IS FOUNDED ON GENOCIDE: Libya 
declared that Israel is a state "based on genocide and ethnic 
cleansing."  Libya claimed that "the Zionists disregard the 
opinion of the international community" and that "Zionist 
crimes in Palestine began with the first Zionist settlers." 
Libya asserted that the "Israeli system is based on 
segregation so that when Palestinians seek redress through 
it, they will be dissatisfied."  With respect to the 
Goldstone Report, Libya called it "neutral" and claimed that 
it "reflects all the facts."  Libya urged the General 
Assembly to take a stand, because if resolutions are not 
implemented, "Israel is above the law" and the motto that 
"strong states are never held accountable" then ought to be 
included in the charter of the UN. Libya rejected the Arab 
 
USUN NEW Y 00001008  003.2 OF 005 
 
 
Peace Plan and said that the Arab countries are guaranteeing 
Israel's security if they "will no longer fight" against 
Israel. 
 
¶11. (U) MANY COUNTRIES PRAISE JUDGE GOLDSTONE AND HIS REPORT, 
LEBANON NOTING THAT GOLDSTONE BEING JEWISH ADDS TO ITS 
OBJECTIVITY:  Lebanon implied that Goldstone's report is even 
more reputable since his daughter has called him a "Zionist 
who loves Israel." Lebanon said Goldstone is "biased, for one 
thing and one thing only: the truth." Djibouti contended that 
"in a rare display of balance, the report assesses blame on 
both Israel and Palestine." Kuwait said that the media 
attention shows how much damage the report has done and 
suggested this would help solve the problem of "Israel 
obscuring facts from the media and concealing evidence." 
Switzerland referred to the report as an objective reading of 
events and called the report very credible." South Africa 
co-sponsored the resolution and reiterated "its full 
confidence in Justice Goldstone. Saudi Arabia said Goldstone" 
closely saw the results of the destruction that resulted from 
the Israeli aggression against Gaza." 
 
¶12. (U) WIDE CONDEMNATION FOR ISRAELI ACTIONS IN GAZA, 
FOCUSED ON CIVILIANS: Senegal, speaking as Chair of the 
Committee on the Inalienable Rights of the Palestinian 
People, agreed with the assessment that the "Israeli military 
operation was aimed at the people of Gaza as a whole" and 
accused Israel of totally disregarding responsibility under 
international law.  Sudan blamed Israel for attacking 
hospitals. Bahrain criticized Israel for attacking 
facilities, noting that even "UNRWA schools did not escape 
these acts of aggression."  Lebanon blamed Israel for 
humiliating the Palestinian people and failing to 
differentiate between civilians and soldiers. Indonesia 
stated that the "Israeli offensive was a deliberate assault 
aimed at punishing, humiliating and terrorizing a civilian 
population, and radically diminishing its local economic 
capacity." South Africa highlighted a litany of Israeli 
actions in Gaza including the bulldozing of huge tracks of 
agricultural land, bombing of two hundred industrial 
facilities and destruction of Palestinian infrastructure that 
led to "the massive loss of innocent lives."  Many countries 
condemned Israel for destroying Gaza's only flour mill during 
the operation. Malaysia said that "this military operation is 
not an aberration. Rather, it fits into a continuum of 
policies."  Mauritania pointed to one incident at a school 
and accused the Israelis of launching a "deliberate attack 
that targets children." 
 
¶13. (U) CALLS FOR ACCOUNTABILITY, AN END TO ISRAELI IMPUNITY, 
AND PUNISHMENT: Many member states called for preventing 
"impunity" and ensuring accountability. Algeria noted that it 
condemns "the continued impunity of Israel." Switzerland said 
it is up to the international community to ensure that 
violations do not go unpunished. Oman said that the 
"international community should have a firm stance against 
Israeli war crimes and should compensate the victims." The 
UAE stated its belief that the "violations are sufficient to 
legally convict Israel of committing war crimes and crimes 
against humanity in Gaza, which are punishable under 
international law." Switzerland believes the next step is for 
the "parties to the conflict to conduct their own independent 
inquiries," but failing this it is "up to the international 
community to ensure that these violations do not go 
unpunished." Brazil also called for accountability, that at 
this time should be "implemented primarily by the concerned 
parties." Senegal stated that some of the documented Israeli 
actions "should be prosecuted as war crimes." 
 
¶14. (U) MANY COMPLAINTS ABOUT EAST JERUSALEM, HOME 
DEMOLITIONS, AND SETTLEMENT ACTIVITY:  Numerous countries 
used the forum to discuss concerns other than Gaza. Jordan 
urged Israel to desist from sensitive excavations, building 
the partition wall, and destruction of homes, noting that 
these actions are likely to lead to even more violence. 
Qatar called for an end to settlement expansion in the West 
Bank, including East Jerusalem and for a cessation of "acts 
of terrorism" committed by "Israeli authorities, such as the 
closure and siege of the Al-Aqsa Mosque, preventing access of 
worshippers to prayer, and the threat of use of force." 
Tunisia reiterated the need for Israel to renounce its 
settlement policy.  The Arab League accused Israel of 
"attempts to bring down Al-Aqsa mosque" through its 
excavation and tunnel-building activity.  Saudi Arabia 
suggested that Israel's actions, particularly with respect to 
settlements and in Jerusalem, are placing "facts on the 
 
USUN NEW Y 00001008  004.2 OF 005 
 
 
ground." 
 
¶15. (U) NUMEROUS COUNTRIES EXPRESS DEGREES OF SUPPORT FOR 
ISRAELI POSITION:  The E.U. urged a "complete stop to all 
violence, including a sustained halt of rocket attacks at 
Israel" and also called for the release of Israeli soldier 
Gilad Shalit.  Senegal concurred with calls to release 
Shalit. Lichtenstein noted that "we are facing a level of 
selectivity" in the choice of countries and regions on which 
to focus investigations.  Morocco provided a nuanced view in 
its strong criticism of Israel actions, noting that there is 
a "need to understand the feeling of being victimized by both 
parties."  Japan recognized the "serious violations of 
international humanitarian law and human rights law by both 
Israel and the Palestinians" and called on both sides to take 
steps to address the report.  Norway said that the report 
shows that "both Israel and Palestinian groups may have been 
responsible for grave violations of international human 
rights." China "understands the security concerns of Israel, 
and is equally saddened by the civilian casualties of 
Israel."  Iceland commented that it fully "recognizes 
Israel's legitimate security concerns, including over weapons 
smuggling." 
 
¶16. (U) NEXT STEPS: INVESTIGATIONS AND RETURNING TO 
NEGOTIATIONS: Despite differences of opinion on the Goldstone 
report, nearly every speaker emphasized that the only road 
forward is a resumption of negotiations towards a two-state 
solution. Saudi Arabia reiterated that "the Arab Peace 
Initiative is still on the table." Mexico suggested "both the 
Israeli government and the Palestinian factions should form 
an inquiry mechanism."  Bangladesh joined others in asking 
Israel to take immediate steps aimed at easing the living 
conditions for those in Gaza and urging it to "lift its 
embargo against Palestinians and immediately open all border 
crossings to allow for the free movement of goods, persons 
and humanitarian aid." 
 
¶17. (U) PRIOR TO VOTE ISRAEL REQUESTS DEFINITIONS OF 
PALESTINIAN ENTITY: Israel asked for a point of clarification 
prior to the start of the vote.  Israel requested 
clarification of operative paragraph four of the draft 
resolution, which called on "the Palestinian side" to make an 
independent investigation into the violations reported by the 
Goldstone Report. Israel asked if "Palestinian side" referred 
to the Palestinian Authority that had been ousted from Gaza 
in a coup or the "Hamas terrorist organization that tries to 
derail the peace process." Egypt, replying on behalf of the 
co-sponsors, noted that the "Palestinian Authority itself 
declared that they will conduct their own investigation, and 
Hamas, considered terrorists by Israel, but legitimately 
elected, has already expressed a willingness to cooperate." 
Egypt said it would be very happy if Israel could be equally 
cooperative. 
 
¶18. (U) RESOLUTION ADOPTED 118-18-44: Draft resolution 
A/64/L.1, endorsing the Goldstone Report, passed with 114 in 
favor, 18 against and 44 abstaining. In addition to the 
United States, the following countries voted against the 
resolution: Australia, Canada, the Czech Republic, Germany, 
Hungary, Israel, Italy, Macedonia, the Marshall Islands, 
Micronesia, Nauru, Netherlands, Palau, Panama, Poland, 
Slovakia and Ukraine. The draft resolution can be found 
online at: 
http://daccessdds.un.org/doc/UNDOC/LTD/N09/59 0/30/PDF/N0959030.PDF? 
OpenElment 
 
EXPLANATIONS OF VOTE 
_____________________ 
 
¶19. (U) U.S. EXPLANATION OF VOTE:  Ambassador Wolff delivered 
the US explanation of vote prior to the vote itself per 
reftel. 
 
¶20. (U) ISRAEL: Israel said that "this draft resolution mocks 
the reality" of democratic countries facing terrorism. Israel 
said that the Human Rights Commission continues to engage in 
"politicized work that bends both fact and law." Albania (Y) 
said that "this resolution is not and should not be seen as a 
condemnation of anyone." 
 
¶21. (U) PALESTINIANS: The Palestinian Observer thanked those 
that voted for the resolution and those that abstained. He 
said that abstentions count as support for the resolution 
because abstentions just reflect procedural concerns with the 
process. The Palestinians plan to revisit the idea of 
 
USUN NEW Y 00001008  005.2 OF 005 
 
 
establishing a compensation fund with the UN High Commission 
for Human Rights and will continue with this process until 
the Israelis "who committed war crimes against the 
Palestinian people are brought to justice." The Palestinians 
Observer also noted plans to follow up with Geneva on 
convening the high contracting parties and would continue to 
pursue Security Council action. Palestinians will "never 
accepts comparisons between occupier and victims," he said, 
and declared "international law is on our side." 
 
¶22. (U) EOVS BY SUPPORTERS OF THE RESOLUTION:  Although 
Albania voted yes, it said that "this resolution is not and 
should not be seen as a condemnation of anyone."  Syria 
chastised the states that voted against or abstained from the 
resolution. Mexico "would have preferred different language," 
and stressed the importance of accountability, but said it 
does not agree with all the recommendations contained with 
the report.  Chile said the HRC should play a role in 
monitoring compliance with the resolution. Brazil said that 
the crimes noted in the Goldstone Report should be fully 
investigated to prevent impunity and that other UN bodies 
should be involved.  Iran warned countries against placing 
Israeli and Palestinian actions on the same footing. Ireland 
noted that its support for the work of Judge Goldstone moved 
it to vote for the resolution, but that does not mean that 
they it supports each and every element of the report. 
 
¶23. (U) EOVS BY OTHERS: Norway (A) said investigations should 
remain independent and impartial and cautioned against 
"turning an existential question into a highly political 
debate."  Russia (A) noted that the Goldstone report included 
"some conclusions that we could agree with" but others that 
needed work and debate should have remained in the HRC. 
Australia (N) called on both parties to inform the UN of the 
results of their investigations. Canada (N)  said the report 
"preemptively presumed Israel's accountability." The 
Netherlands (N) said that "the resolution will not be 
conducive to re-launching Middle East peace talks." Costa 
Rica (A) would like to have seen a follow-up mechanism for 
the resolution. Panama (N) has "serious concerns about the 
language used" and while stressing accountability, believes 
that the report prejudged the outcome.  Uruguay (A) asked the 
GA not to politicize the topic and called for an 
investigation of serious allegations. 
Rice