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UNCLAS SECTION 01 OF 08 STATE 015722 
 
SENSITIVE 
 
C O R R E C T E D  COPY (SENSITIVE CAPTION ADDED 
UNCLAS STATE 015722 
 
SIPDIS 
 
FOLLOWING STATE 015722 DATED 22 FEB 10 BEING REPEATED FOR YOUR 
ACTION; 
 
DUE TO EXCESSIVE NUMBER OF ADDRESSEES ON THE ORIGINAL TRANSMISSION 
OF STATE 015722 THE ABOVE POSTS WERE OMITTED. 
 
QUOTE 
 
 
 
 
E.O. 12958: N/A 
TAGS: IO PHUM UNGA
SUBJECT: GOLDSTONE FOLLOW-UP ACTION 
 
STATE 00015722  001.3 OF 017 
 
 
¶1. (SBU) This is an action request.  Please see paragraph 
¶3.  Embassy Suva for Fiji, Tonga, Nauru, Kiribati and 
Tuvalu.  Embassy Libreville for Gabon and Sao Tome. 
Embassy Port Moresby for Papua New Guinea and Vanuatu. 
Embassy Port Louis for Seychelles only.  Embassy Koror for 
Palau only.  Embassy Bridgetown for St. Kitts and Nevis 
only.  Embassy Bern for Liechtenstein only.  U.S. 
Consultate General Florence for San Marino.  U.S. 
Consulate General Marseille for Monaco.  U.S. Consulate 
General Barcelona for Andorra. 
 
¶2. (SBU) Summary: We expect a vote on Friday, February 26 
on a Palestinian-drafted resolution in the UN General 
Assembly to follow up on the Report of the United Nations 
Fact-Finding Mission on the Gaza Conflict led by Justice 
Goldstone (the so-called Goldstone Report), which was 
commissioned by the UN Human Rights Council in January 
2009 and issued in September 2009.  The Report alleges 
human rights abuses, including alleged war crimes 
committed by Israel during the Gaza conflict in the winter 
of 2008-2009, although it also alleges some violations by 
Hamas, Palestinian armed groups and the Palestinian 
Authority (PA) in the West Bank.  The report has already 
given rise to two UN resolutions to date, one in the Human 
Rights Council and one in the UN General Assembly 
(UNGA).   The UNGA resolution of November 5, 2009 called 
for Israel and the Palestinians to undertake 
investigations into the Report's allegations and requested 
the Secretary-General to report within three months on the 
status of those investigations.  The Government of Israel 
submitted a report to the UN Secretary-General detailing 
their investigations process and reported that all 
allegations in the Goldstone Report are being investigated 
and reviewed; it is also considering establishing an 
independent inquiry.  The PA submitted a Presidential 
Decree establishing an Independent Investigations 
Commission to follow up on the implementation of the 
recommendations made in the Goldstone Report with respect 
to the Palestinians, and a report on the first meeting of 
the Commission.  The Secretary-General's report, which was 
issued on February 4, 2010, notes that the parties? 
investigations are, with regard to Israel, ongoing, and in 
the case of the Palestinian side, only recently initiated, 
and therefore concludes that it is too early to evaluate 
their efforts.   In addition to the expected UNGA vote on 
February 26, we will face another round on Goldstone at 
the 13th session of the Human Rights Council (beginning 
March 1).  Since the Goldstone Report was released, the 
United States has sought to minimize its negative fallout 
for Arab-Israeli peacemaking and to avoid having it 
increase tensions in the region.  As we head into new 
rounds of Goldstone voting in New York and Geneva, we will 
aim to continue to limit damage to Special Envoy Mitchell? 
s peace efforts, contain other potential negative fallout 
from the Report, limit our isolation to the extent 
possible, and limit follow-up action.  Our emphasis at 
this point is that the parties are taking steps to fulfill 
their respective obligations to investigate, and those 
 
STATE 00015722  002.3 OF 017 
 
 
domestic processes must be allowed to play out.  We are 
requesting posts? support to this end.  End summary. 
 
¶3. (SBU) Action Request: Drawing on the points in 
paragraph 14, and paragraphs 15 through 17, as 
appropriate, action addressees are requested to demarche 
host governments regarding the impending UNGA resolution 
and Israel-related resolutions at senior level and as soon 
as possible.  For EU posts: European Ministers are 
reportedly meeting in Brussels on Monday February 22 to 
discuss Goldstone. EU posts are requested to deliver 
demarche prior to that event.  Host countries should be 
encouraged to: (i) vote no (or abstain) on the draft 
resolution tabled in the UNGA if they voted thus in 
November 2009; (ii) avoid supporting one-sided or 
otherwise counterproductive resolutions on this issue at 
the UN General Assembly and the Human Rights Council; 
(iii) keep the issue out of the UN Security Council; (iv) 
urge Israel and the Palestinian Authority (PA) to continue 
to pursue domestic accountability.  USUN New York, U.S. 
Mission Geneva and U.S. Mission EU should reinforce the 
message to delegations of countries included here as 
action addressees and may use their discretion to demarche 
other country delegations, as appropriate.  Information 
addressees may draw on points as they deem appropriate. 
 
BACKGROUND 
 
¶4.  (SBU) The Goldstone Report was commissioned by the 
Human Rights Council (HRC) in Geneva to investigate 
Israeli violations of international humanitarian and human 
rights law during the 2008 ? 2009 conflict in Gaza.  The 
original HRC mandate was blatantly unbalanced, focusing on 
Israel, and did not call for investigation of Hamas' 
actions.  The fact-finding mission was led by Justice 
Richard Goldstone of South Africa, who sought in practice 
to broaden his terms of reference to include Hamas and 
Palestinian Authority actions.  Although the Human Rights 
Council never amended the formal mandate, the President of 
the HRC agreed to make this change.  Most of the resultant 
report's 575 pages focus on alleged Israeli violations, 
although several allegations against the Palestinian side 
are discussed.  The U.S. Government has serious concerns 
about the report, including its disproportionate focus on 
Israel, the overly broad scope of its recommendations, the 
negative inferences it draws about Israel's intentions and 
actions, its failure to assign appropriate responsibility 
to Hamas for its practice of basing operations in 
civilian-populated urban areas, and, as a result, a number 
of its sweeping conclusions of law.  See Statement by A/S 
Posner at 12th Session of the Human Rights Council ( 
http://geneva.usmission.gov/2009/09/29/gaza-c onflict/) for 
more details.  The report also fails to acknowledge 
sufficiently Israel's ongoing internal investigations and 
its efforts to protect Palestinian civilians.  The report? 
s recommendations are particularly problematic, as they 
call for possible referral of alleged Israeli war crimes 
to the International Criminal Court (ICC) if Israel does 
not undertake adequate internal investigations as well as 
for the assertion of universal jurisdiction by countries 
not party to the conflict over grave breaches of the 
Geneva Conventions.  It also calls for the UN Security 
Council and UN General Assembly to consider and take 
action based on the report. 
 
¶5. (SBU) The Goldstone Report was formally transmitted to 
the Human Rights Council at its 12th session in September 
¶2009.  The Palestinians, OIC and Arab group initially 
agreed to defer HRC action on the report, but in 
mid-October, after this decision prompted widespread Arab 
and domestic criticism of PA President Abbas, the 
Palestinian Authority and its allies reversed course and 
called for a Special Session of the Human Rights Council 
to consider the report.  On 16 October, the Human Rights 
Council special session passed a resolution endorsing the 
recommendations of the Goldstone Report (25 in favor, 6 
opposed (U.S.), 11 abstentions and 5 absentees). 
 
 
STATE 00015722  003.3 OF 017 
 
 
¶6. (SBU) In October 2009, the Goldstone Report was also 
taken up by the UN General Assembly, where a 
Palestinian-drafted resolution endorsing the HRC 
resolution on Goldstone passed on November 5, 2009 (114 in 
favor, 18 opposed (U.S.), 44 abstentions and 16 absentees) 
calling on each side to ?undertake investigations that are 
independent, credible and in conformity with international 
standards.?  The UN Secretary General was requested to 
report within a period of three months on the resolution's 
implementation.  This resolution also called for the 
Goldstone Report to be referred to the UN Security Council 
and had other problematic aspects.  See reftel State 
¶112828. 
 
¶7. (SBU) The United States has engaged closely with Israel 
on the Goldstone Report.  Ambassador Rice discussed the 
Report with senior Israeli and Palestinian officials, 
including Prime Ministers Netanyahu and Fayyad, on her 
October 2009 visit to the region.  From January 5-9, a 
U.S. delegation headed by DRL Assistant Secretary Posner, 
visited Israel and met with senior government and IDF 
officials, Israeli non-governmental organizations and 
resident international organizations to discuss the status 
of Israeli investigations, learn more about possible 
changes to GOI military doctrine, the March Human Rights 
Council session and the formal Israeli response to the 
Goldstone Report (Reftel 10 TELAVIV184, 10TELAVIV183 and 
10TELAVIV182).  On January 20, a high-level Israeli MFA 
delegation came to Washington to discuss follow-up to the 
Goldstone Report as part of a bi-lateral dialogue with IO 
and other bureaus.  On February 2, DRL, IO, L and NEA 
staff met at the working level with the GOI to discuss 
their recent report to the UN Secretary-General. 
 
UN Secretary-General's report 
 
¶8. (SBU) As requested in the November 5 UNGA resolution, 
on February 4 the UN Secretary-General filed a progress 
report on the parties? follow-up activities to the 
Goldstone Report.  The Secretary-General's report appended 
the full text of submissions by Israel and the Palestinian 
Authority on the status of their respective 
investigations, as well as a short submission from 
Switzerland (as depository of the Geneva Conventions of 
1949) on the progress of its consultations to determine 
whether to convene a conference of High Contracting 
Parties to the Geneva Conventions.  Israel's 46-page 
submission outlined its domestic investigations process 
into alleged violations during the Gaza conflict.  The 
Israelis are currently investigating and reviewing more 
than 150 separate incidents, including all 34 allegations 
in the Goldstone Report.  While the Israeli investigations 
are based on domestic processes that they say are not 
directly connected to the Goldstone report, in submitting 
this update for the Secretary-General's report, Israel 
came a long way from its initial refusal to engage at any 
level with UN discussions on Goldstone.  We strongly 
support the need for accountability for violations by any 
party that may have occurred during the Gaza conflict.  We 
continue to have consultations with the GOI on the status 
of its domestic accountability process. 
 
¶9. (SBU) The Palestinian Authority's submission 
transmitted a January 25 Presidential Decree establishing 
an Independent Investigation Commission to follow up on 
the implementation of the Goldstone Report and a report of 
the Commission's first meeting which took place on January 
¶28.  The Secretary-General observed that the processes 
that had been initiated by Israel and the Palestinian 
Authority were ongoing and concluded that it was too early 
to evaluate the parties? efforts.  Switzerland reported to 
the Secretary-General that its first round of 
consultations ?did not reveal a dominant trend for or 
against the holding of a Conference of High Contracting 
Parties? and indicated its intention to conduct a second 
round of consultations in the near future.  The U.S. 
opposes the convening of such a conference as it will 
likely be a forum for politicized and unhelpful finger 
 
STATE 00015722  004.3 OF 017 
 
 
pointing. 
 
Anticipated Goldstone follow-up in the UN 
 
UN General Assembly 
¶10. (SBU) Following the issuance of the Secretary-General? 
s report on February 4, the Palestinian Observer Mission 
circulated a new draft General Assembly resolution on 
February 18 that the Palestinians hope UNGA will adopt 
without a debate on February 26.  The U.S. response to the 
draft resolution is set out in paragraph 14 below. 
 
Human Rights Council 
¶11. (SBU) We anticipate two reports on the Goldstone 
Report from Geneva-based UN offices (to be drafted by the 
High Commissioner for Human Rights, Navi Pillay, who 
strongly supports the full Goldstone Report and its 
recommendations) will be issued at some point during the 
March session of the Human Rights Council.   These 
reports, combined with the arithmetic of the HRC, will 
make it almost impossible to stave off a resolution. 
 
UN Security Council 
¶12. (SBU) In accordance with the November 5 UNGA 
resolution on Goldstone (64/10), the Secretary General 
transmitted a copy of the Goldstone Report to the Security 
Council on November 10.  Fellow P5 members the UK, France, 
Russia, and China have joined us in expressing opposition 
to a UNSC session to take up the report.  However, 2010 
has brought a change in Security Council dynamics. 
Whereas three of the five outgoing UNSC members abstained 
on the November UNGA Goldstone resolution (Burkina Faso, 
Costa Rica, and Croatia), all five incoming members 
(Bosnia and Herzegovina, Brazil, Gabon, Lebanon, and 
Nigeria) voted in favor of the November UNGA resolution. 
Maintaining solid opposition to UNSC action on Goldstone 
is a high priority. 
 
Previous voting patterns 
 
¶13. (SBU) Tab 1 below details the voting patterns of all 
members of the Human Rights Council, the UN Security 
Council and EU member states, as well as Switzerland and 
Iceland, on the prior Goldstone resolutions at the Human 
Rights Council and the UN General Assembly.  All action 
addressees are also listed (i.e. countries that voted no, 
abstained or were absent on the past Goldstone resolutions 
in either UNGA or the HRC). 
 
TALKING POINTS 
 
¶14. (SBU) Talking points follow: 
 
--The United States is deeply committed to the advancement 
of human rights and to principled engagement with our 
partners to advance the cause of human rights 
internationally.  We also remain deeply concerned about 
the human suffering that results from the Arab-Israeli 
conflict.  As we urge the parties to restart permanent 
status negotiations, we should all avoid steps that set 
back the cause of peace. 
 
--As the United States has consistently stated, we have 
serious concerns with the deeply flawed Goldstone Report, 
as set out last fall, even as we strongly support 
accountability for human rights and humanitarian law 
violations in relation to the Gaza conflict.  We have 
engaged closely with the Government of Israel on these 
issues. 
 
--We believe that Israel has the democratic institutions 
to ensure domestic accountability.  The Government of 
Israel is investigating and reviewing all of the 
allegations in the Goldstone Report as well as all other 
complaints arising out of the fighting in Gaza last winter 
and has detailed its domestic investigative process to the 
Secretary-General. 
 
 
STATE 00015722  005.3 OF 017 
 
 
--We view Israel's decision to submit a detailed 46-page 
report to the Secretary-General as a positive sign of its 
willingness to provide information in response to the 
concerns of the international community, notwithstanding 
Israel's objections to the Goldstone Report itself and to 
the biased HRC mandate that commissioned it in the first 
place. 
 
--We welcome the steps taken by the Palestinian Authority 
to establish an Independent Investigation Commission to 
follow up on implementation of the recommendations made in 
the Goldstone Report with respect to the Palestinian side. 
 
--We note the Secretary-General's observations that 
Israeli and Palestinian investigative processes are either 
ongoing or were recently initiated.  We note his 
conclusion that it is too early to evaluate the parties? 
efforts.  The parties? domestic processes should be given 
an opportunity to play out.  Further UN action at this 
time risks being inappropriate and counterproductive. 
However, if there is nevertheless to be further discussion 
of the Goldstone Report in the United Nations, it should 
be limited to the Human Rights Council, since it was the 
body that commissioned the report in the first place. 
 
-- The new draft General Assembly resolution circulated by 
the Palestinian Observer Mission on February 18 raises a 
number of serious and long-standing concerns for the 
United States and reinforces our belief that further UN 
action is inappropriate and counterproductive.  Our 
concerns include: 
 
The use of divisive and unhelpful language [Note: i.e. the 
reference in PP2 to East Jerusalem as part of the Occupied 
Palestinian Territory.  End note], at a particularly 
delicate time in the efforts to re-launch peace 
negotiations, on issues, such as Jerusalem, that should be 
resolved in final status negotiations; 
The failure to mention  Hamas' role in the Gaza fighting, 
particularly its deliberate and repeated violations of 
international humanitarian law; 
The unnecessary and counterproductive reiteration of the 
recommendation to the Government of Switzerland to convene 
a conference of High Contracting Parties to the Fourth 
Geneva Convention to single out one country, particularly 
in light of the recent Swiss submission on this issue, 
which concluded that Switzerland's consultations did not 
reveal a dominant trend for or against convening such a 
conference; 
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. 
 
--Ultimately, the best way to address the situation in 
Gaza lies in the vigorous and ongoing efforts that the 
United States and others are making to bring about a 
comprehensive peace in the region, including two states, 
Israel and Palestine, living side by side in peace and 
security. 
 
IF RAISED: 
 
--We firmly oppose referral of the allegations in the 
Goldstone Report to the International Criminal Court.  The 
United States would prefer to see the issues raised in the 
Goldstone Report resolved not through UN action, but by 
thorough and credible domestic investigations and 
follow-up. 
 
¶15. (SBU) For those voting no, abstaining or absenting 
themselves on the October 16 Human Rights Council 
resolution (See Tab 1): 
 
-- The United States appreciates the position your country 
took on the last HRC resolution (October 16, 2009) on this 
 
STATE 00015722  006.3 OF 017 
 
 
issue.  We ask that you issue advance instructions to your 
mission in Geneva to take the same action again, in the 
event a similar resolution is again offered in the HRC. 
 
-- In addition, we also hope you will work actively within 
your regional grouping to convince others to join you in 
not supporting a new HRC resolution. 
 
¶16. (SBU) For those voting no, abstaining or absenting 
themselves on the November 5 UNGA resolution (See Tab 1): 
 
-- The United States appreciates the position your country 
took on the last UNGA resolution (November 5, 2009) on 
this issue.  We ask that you issue advance instructions to 
your mission in New York to take the same action again on 
the basis of the current text of the Palestinian draft 
resolution. 
 
--We do not see the need for any additional General 
Assembly action on the Goldstone report.  If there is to 
be any further discussion of the report in the UN system, 
it should take place at the Human Rights Council, as the 
body that requested the report. 
 
¶17. (SBU) For UNSC member action addressees only: 
 
-- The United States does not believe any Security Council 
action on the Goldstone report is appropriate. 
 
-- If there are to be further discussions of the report in 
the UN system, they should take place at the Human Rights 
Council, as it is the body that requested the report. 
 
-- Of course, any Council member has the capacity to raise 
any issue related to the situation in the Middle East at 
the Council's regular monthly meeting on this topic. 
 
POINT OF CONTACT 
 
¶18. (SBU) Action addresses are requested to report back no 
later than 25 February 2010.  Responses should be sent by 
cable.  The Department's point of contact is Courtney 
Musser, Human Rights Officer, Bureau of International 
Organizations (202-647-0115 or mussercc@state.gov). 
 
 
TAB 1 
 
Country (vote on Oct. 16 HRC resolution, vote on Nov. 5 
UNGA resolution) 
 
 
Andorra (N/A, A) 
 Angola (Absent, Y) 
Argentina (Y, Y) 
Australia (N/A, N) 
Austria (N/A, A) 
Bahrain (Y, Y) 
Bangladesh (Y, Y) 
Belgium (A, A) 
Bhutan  (N/A, Absent) 
Bolivia (Y, Y) 
Bosnia (A, Y) 
Brazil (Y, Y) 
Bulgaria (N/A, A) 
Burkina Faso (A, A) 
 Burundi (N/A, A) 
 Cameroon (A, A) 
Canada (N/A, N) 
Cape Verde (N/A, Absent) 
Chile (Y, Y) 
China (Y, Y) 
Colombia (N/A, A) 
 Costa Rica (N/A, A) 
Cote d'Ivoire (N/A, Absent) 
Croatia (N/A, A) 
Cuba (Y, Y) 
Cyprus  (N/A, Y) 
 
STATE 00015722  007.3 OF 017 
 
 
Czech Republic  (N/A, N) 
Denmark (N/A, A) 
Djibouti         (Y, Y) 
Egypt (Y, Y) 
Estonia (N/A, A) 
Equatorial Guinea (N/A, Absent) 
Ethiopia (N/A, A) 
Fiji (N/A, A) 
Finland (N/A, A) 
France  (Absent, A) 
Gabon   (A, Y) 
Georgia  (N/A, A) 
Germany (N/A, N) 
Ghana   (Y, Y) 
Greece  (N/A, A) 
Honduras (N/A, Absent) 
Hungary (N, N) 
Iceland (N/A, A) 
India (Y, Y) 
Indonesia (Y, Y) 
Ireland (N/A, Y) 
Italy (N, N) 
Japan (A, A) 
Jordan (Y, Y) 
Kenya (N/A, A) 
Kiribati (N/A, Absent) 
Kyrgyzstan (Absent, Absent) 
Latvia  (N/A, A) 
Lebanon (N/A, Y) 
Liberia (N/A, A) 
Liechtenstein (N/A, A) 
Lithuania (N/A, A) 
Luxembourg (N/A, A) 
Madagascar (Absent, Absent) 
Malta (N/A, Y) 
Marshall Islands (N/A, N) 
Mauritius (Y, Y) 
Mexico  (A, Y) 
Micronesia (N/A, N) 
Moldova (N/A, A) 
Monaco (N/A, A) 
Montenegro (N/A, A) 
Nauru (N/A, N) 
Netherlands (N, N) 
New Zealand (N/A, A) 
Nicaragua (Y, Y) 
Nigeria (Y, Y) 
Norway   (A, A) 
Pakistan (Y, Y) 
Palau (N/A, N) 
Panama (N/A, N) 
Papua New Guinea (N/A, A) 
Philippines (Y, Y) 
Poland  (N/A, N) 
Portugal (N/A, Y) 
Qatar (Y, Y) 
Republic of Korea (A, A) 
Romania (N/A, A) 
Russian Federation (Y, A) 
Rwanda   (N/A, Absent) 
Saint Kitts and Nevis (N/A, Absent) 
Sao Tome (N/A,  Absent) 
Saudi Arabia (Y, Y) 
Samoa (N/A, A) 
San Marino (N/A, A) 
Senegal (Y, Y) 
Seychelles (N/A, Absent) 
Spain   (N/A, A) 
Slovakia (N, N) 
Slovenia (A, Y) 
South Africa (Y, Y) 
Swaziland (N/A, A) 
Sweden  EU (N/A, A) 
Switzerland (N/A, Y) 
TFYR Macedonia (N/A, N) 
Togo (N/A, Absent) 
Tonga (N/A, A) 
Turkey (N/A, Y) 
 
STATE 00015722  008.3 OF 017 
 
 
Turkmenistan (N/A, Absent) 
Tuvalu (N/A, Absent) 
Uganda  (N/A, A) 
Ukraine  (N, N) 
UK (Absent, A) 
U.S. (N, N) 
Uruguay (A, A) 
Vanuatu (N/A, Absent) 
Zambia  (Y, Y) 
CLINTON     UNQUOTE CLINTON 
 
STATE 00015722  009 OF 017 
 
 
abstained or were absent on the past Goldstone resolutions 
in either UNGA or the HRC). 
 
TALKING POINTS 
 
¶14. (SBU) Talking points follow: 
 
--The United States is deeply committed to the advancement 
of human rights and to principled engagement with our 
partners to advance the cause of human rights 
internationally.  We also remain deeply concerned about 
the human suffering that results from the Arab-Israeli 
conflict.  As we urge the parties to restart permanent 
status negotiations, we should all avoid steps that set 
back the cause of peace. 
 
--As the United States has consistently stated, we have 
serious concerns with the deeply flawed Goldstone Report, 
as set out last fall, even as we strongly support 
accountability for human rights and humanitarian law 
violations in relation to the Gaza conflict.  We have 
engaged closely with the Government of Israel on these 
issues. 
 
--We believe that Israel has the democratic institutions 
to ensure domestic accountability.  The Government of 
Israel is investigating and reviewing all of the 
allegations in the Goldstone Report as well as all other 
complaints arising out of the fighting in Gaza last winter 
and has detailed its domestic investigative process to the 
Secretary-General. 
 
--We view Israel's decision to submit a detailed 46-page 
 
STATE 00015722  010 OF 017 
 
 
report to the Secretary-General as a positive sign of its 
willingness to provide information in response to the 
concerns of the international community, notwithstanding 
Israel's objections to the Goldstone Report itself and to 
the biased HRC mandate that commissioned it in the first 
place. 
 
--We welcome the steps taken by the Palestinian Authority 
to establish an Independent Investigation Commission to 
follow up on implementation of the recommendations made in 
the Goldstone Report with respect to the Palestinian side. 
 
--We note the Secretary-General's observations that 
Israeli and Palestinian investigative processes are either 
ongoing or were recently initiated.  We note his 
conclusion that it is too early to evaluate the parties? 
efforts.  The parties? domestic processes should be given 
an opportunity to play out.  Further UN action at this 
time risks being inappropriate and counterproductive. 
However, if there is nevertheless to be further discussion 
of the Goldstone Report in the United Nations, it should 
be limited to the Human Rights Council, since it was the 
body that commissioned the report in the first place. 
 
-- The new draft General Assembly resolution circulated by 
the Palestinian Observer Mission on February 18 raises a 
number of serious and long-standing concerns for the 
United States and reinforces our belief that further UN 
action is inappropriate and counterproductive.  Our 
concerns include: 
 
The use of divisive and unhelpful language [Note: i.e. the 
reference in PP2 to East Jerusalem as part of the Occupied 
 
STATE 00015722  011 OF 017 
 
 
Palestinian Territory.  End note], at a particularly 
delicate time in the efforts to re-launch peace 
negotiations, on issues, such as Jerusalem, that should be 
resolved in final status negotiations; 
The failure to mention  Hamas' role in the Gaza fighting, 
particularly its deliberate and repeated violations of 
international humanitarian law; 
The unnecessary and counterproductive reiteration of the 
recommendation to the Government of Switzerland to convene 
a conference of High Contracting Parties to the Fourth 
Geneva Convention to single out one country, particularly 
in light of the recent Swiss submission on this issue, 
which concluded that Switzerland's consultations did not 
reveal a dominant trend for or against convening such a 
conference; 
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. 
 
--Ultimately, the best way to address the situation in 
Gaza lies in the vigorous and ongoing efforts that the 
United States and others are making to bring about a 
comprehensive peace in the region, including two states, 
Israel and Palestine, living side by side in peace and 
security. 
 
IF RAISED: 
 
--We firmly oppose referral of the allegations in the 
Goldstone Report to the International Criminal Court.  The 
 
STATE 00015722  012 OF 017 
 
 
United States would prefer to see the issues raised in the 
Goldstone Report resolved not through UN action, but by 
thorough and credible domestic investigations and 
follow-up. 
 
¶15. (SBU) For those voting no, abstaining or absenting 
themselves on the October 16 Human Rights Council 
resolution (See Tab 1): 
 
-- The United States appreciates the position your country 
took on the last HRC resolution (October 16, 2009) on this 
issue.  We ask that you issue advance instructions to your 
mission in Geneva to take the same action again, in the 
event a similar resolution is again offered in the HRC. 
 
-- In addition, we also hope you will work actively within 
your regional grouping to convince others to join you in 
not supporting a new HRC resolution. 
 
¶16. (SBU) For those voting no, abstaining or absenting 
themselves on the November 5 UNGA resolution (See Tab 1): 
 
-- The United States appreciates the position your country 
took on the last UNGA resolution (November 5, 2009) on 
this issue.  We ask that you issue advance instructions to 
your mission in New York to take the same action again on 
the basis of the current text of the Palestinian draft 
resolution. 
 
--We do not see the need for any additional General 
Assembly action on the Goldstone report.  If there is to 
be any further discussion of the report in the UN system, 
it should take place at the Human Rights Council, as the 
 
STATE 00015722  013 OF 017 
 
 
body that requested the report. 
 
¶17. (SBU) For UNSC member action addressees only: 
 
-- The United States does not believe any Security Council 
action on the Goldstone report is appropriate. 
 
-- If there are to be further discussions of the report in 
the UN system, they should take place at the Human Rights 
Council, as it is the body that requested the report. 
 
-- Of course, any Council member has the capacity to raise 
any issue related to the situation in the Middle East at 
the Council's regular monthly meeting on this topic. 
 
POINT OF CONTACT 
 
¶18. (SBU) Action addresses are requested to report back no 
later than 25 February 2010.  Responses should be sent by 
cable.  The Department's point of contact is Courtney 
Musser, Human Rights Officer, Bureau of International 
Organizations (202-647-0115 or mussercc@state.gov). 
 
 
TAB 1 
 
Country (vote on Oct. 16 HRC resolution, vote on Nov. 5 
UNGA resolution) 
 
 
Andorra (N/A, A) 
 Angola (Absent, Y) 
Argentina (Y, Y) 
 
STATE 00015722  014 OF 017 
 
 
Australia (N/A, N) 
Austria (N/A, A) 
Bahrain (Y, Y) 
Bangladesh (Y, Y) 
Belgium (A, A) 
Bhutan  (N/A, Absent) 
Bolivia (Y, Y) 
Bosnia (A, Y) 
Brazil (Y, Y) 
Bulgaria (N/A, A) 
Burkina Faso (A, A) 
 Burundi (N/A, A) 
 Cameroon (A, A) 
Canada (N/A, N) 
Cape Verde (N/A, Absent) 
Chile (Y, Y) 
China (Y, Y) 
Colombia (N/A, A) 
 Costa Rica (N/A, A) 
Cote d'Ivoire (N/A, Absent) 
Croatia (N/A, A) 
Cuba (Y, Y) 
Cyprus  (N/A, Y) 
Czech Republic  (N/A, N) 
Denmark (N/A, A) 
Djibouti         (Y, Y) 
Egypt (Y, Y) 
Estonia (N/A, A) 
Equatorial Guinea (N/A, Absent) 
Ethiopia (N/A, A) 
Fiji (N/A, A) 
Finland (N/A, A) 
France  (Absent, A) 
 
STATE 00015722  015 OF 017 
 
 
Gabon   (A, Y) 
Georgia  (N/A, A) 
Germany (N/A, N) 
Ghana   (Y, Y) 
Greece  (N/A, A) 
Honduras (N/A, Absent) 
Hungary (N, N) 
Iceland (N/A, A) 
India (Y, Y) 
Indonesia (Y, Y) 
Ireland (N/A, Y) 
Italy (N, N) 
Japan (A, A) 
Jordan (Y, Y) 
Kenya (N/A, A) 
Kiribati (N/A, Absent) 
Kyrgyzstan (Absent, Absent) 
Latvia  (N/A, A) 
Lebanon (N/A, Y) 
Liberia (N/A, A) 
Liechtenstein (N/A, A) 
Lithuania (N/A, A) 
Luxembourg (N/A, A) 
Madagascar (Absent, Absent) 
Malta (N/A, Y) 
Marshall Islands (N/A, N) 
Mauritius (Y, Y) 
Mexico  (A, Y) 
Micronesia (N/A, N) 
Moldova (N/A, A) 
Monaco (N/A, A) 
Montenegro (N/A, A) 
Nauru (N/A, N) 
 
STATE 00015722  016 OF 017 
 
 
Netherlands (N, N) 
New Zealand (N/A, A) 
Nicaragua (Y, Y) 
Nigeria (Y, Y) 
Norway   (A, A) 
Pakistan (Y, Y) 
Palau (N/A, N) 
Panama (N/A, N) 
Papua New Guinea (N/A, A) 
Philippines (Y, Y) 
Poland  (N/A, N) 
Portugal (N/A, Y) 
Qatar (Y, Y) 
Republic of Korea (A, A) 
Romania (N/A, A) 
Russian Federation (Y, A) 
Rwanda   (N/A, Absent) 
Saint Kitts and Nevis (N/A, Absent) 
Sao Tome (N/A,  Absent) 
Saudi Arabia (Y, Y) 
Samoa (N/A, A) 
San Marino (N/A, A) 
Senegal (Y, Y) 
Seychelles (N/A, Absent) 
Spain   (N/A, A) 
Slovakia (N, N) 
Slovenia (A, Y) 
South Africa (Y, Y) 
Swaziland (N/A, A) 
Sweden  EU (N/A, A) 
Switzerland (N/A, Y) 
TFYR Macedonia (N/A, N) 
Togo (N/A, Absent) 
 
STATE 00015722  017 OF 017 
 
 
Tonga (N/A, A) 
Turkey (N/A, Y) 
Turkmenistan (N/A, Absent) 
Tuvalu (N/A, Absent) 
Uganda  (N/A, A) 
Ukraine  (N, N) 
UK (Absent, A) 
U.S. (N, N) 
Uruguay (A, A) 
Vanuatu (N/A, Absent) 
Zambia  (Y, Y) 
CLINTON