ISRAELI MOD AND EU DISCUSS RAFAH CROSSING POINT

C O N F I D E N T I A L SECTION 01 OF 03 TEL AVIV 003439

SIPDIS

E.O. 12958: DECL: 08/28/2016
TAGS: PREL KWBG KPAL IS
SUBJECT: ISRAELI MOD AND EU DISCUSS RAFAH CROSSING POINT


Classified By: Ambassador Richard H. Jones; Reasons 1.4 (B and D).


1. (C) In a meeting on August 28 with the Ambassador, EU
staff, and a large Israeli inter-agency team, EU Border
Assistance Mission (EU-BAM) chief LTG Pietro Pistolese listed
his concerns about frequent closures of the Rafah Crossing
Point (RCP) and urged MOD adviser Baruch Spiegel to
"normalize" the Rafah operations. Spiegel regretted that the
GOI does not see an opportunity for such a step until
Palestinian militants release the kidnapped IDF soldier held
in Gaza. Both the GOI and EU-BAM discussed ideas for
improving operations at Rafah. Welcoming suggested steps to
improve technical cooperation, the Ambassador stressed the
need to focus on the larger political issues -- such as the
customs and security protocols -- as well. He also strongly
supported Pistolese's call for normalized operations of
Rafah. DefMin Peretz's political adviser, Haggai Alon, said
the GOI realizes that these issues must be resolved prior to
any renewal of the EU-BAM's mandate in November, adding that
the GOI is aware of the link between an EU success in Rafah
and the EU role elsewhere in Gaza and in southern Lebanon.
End summary.

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EU asks to "normalize" Rafah; GOI demurs for now
-------------- ---


2. (C) Pistolese requested GOI assistance in "normalizing the
activity" of the RCP, a step he said would help advance the
rest of the Agreement on Movement and Access (AMA) agenda.
He stressed that frequent closures by Israeli authorities --
the crossing has only opened for seven of the past 56 days,
-- have "created a very serious problem." Pistolese pointed
out that neither the AMA nor the Agreed Principles for the
Rafah Crossing (APRC) grant the GOI a unilateral right to
close Rafah and stressed that the EU-BAM wants to be
consulted before any such decision is taken. After recalling
instances in which the GOI had consulted with the EU/BAM
before closing the crossing, Spiegel indicated that the GOI
would continue its current procedures for the time being.
The Ambassador reiterated the importance to the USG of
keeping the crossings open. Spiegel said that Rafah would be
closed on August 29, but added that he would raise the USG
and EU concerns with DefMin Peretz in the hope of obtaining a
decision to open the crossing again later in the week.


3. (C) In Spiegel's view, conditions in the region had
changed "dramatically" since the GOI agreed to the AMA and
APRC. Hamas now controls the Palestinian Authority (PA) and
an Israeli soldier remains hostage to Palestinian militants.
He said the GOI has taken a "high-level political decision"
that any return to normalcy is not possible until the IDF
soldier is released (Note: Spiegel explained that this
decision is driven by concern that the soldier will be
smuggled out of Gaza through Rafah. End note). Spiegel
asked Pistolese to understand the larger political context
currently facing the GOI, especially the ongoing military
operations in Gaza and the situation in southern Lebanon.


4. (C) Spiegel described Gaza as "very, very fragile." He
noted that the Egyptians had recently reinforced their side
of RCP with over 1,000 police and discovered another tunnel
under the Philadelphi corridor and 1.2 tons of TNT apparently
destined for Gaza. GOI and PA forces had also just located
two openings for a tunnel intended to be used in an attack on
the Karni crossing. Unspecified threats remain against both
Karni and Kerem Shalom, he added (note: Spiegel did say that
discovery of the Karni tunnel may allow the GOI to follow
DefMin Peretz's standing orders and re-open that crossing
soon. End note). In addition, a strike by health care
workers in the Palestinian areas and kidnapping threats
against foreigners are adding to the turmoil. Against this
backdrop, Spiegel claimed that IDF military operations in
Gaza have succeeded in greatly reducing the number of Qassam
rocket launches against Israel, maintaining that there have
been none in the past few days.

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Closures lead to problems at Rafah:
EU offers suggested improvements
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5. (C) According to Pistolese, infrequent opening times
create several problems at Rafah. First, large and unruly
crowds are a potential security threat on the few days when
the RCP opens. Pistolese noted that more than one-half of
the 22,090 travelers (12,261 exiting Gaza and 9,809
returning) who have crossed through Rafah since June 25 did
so in the past two days it was open. Second, he maintained
that the failure of the EU-BAM to keep the crossing open is
negatively impacting the EU's image among the Palestinian
population. Displaying a cartoon from the Palestinian press,
several irate e-mails sent to the EU-BAM, and a letter of
complaint from the Palestinian Commission on Human Rights, he
said such views impede the EU's efforts to improve its image
as a neutral party supporting the peace process. Third,
Pistolese cautioned that continued closures are forcing the
Palestinian Presidential Guard to use force against its own
people, a situation that could decrease the unit's
effectiveness and result in a marked deterioration of
security at the crossing. Spiegel said that Israel would
welcome any reinforcement of the PA Presidential Guard at the
crossings.


6. (C) As they have done in previous meetings, Pistolese and
Spiegel exchanged views on steps to improve the operation of
RCP:

-- The Ambassador and Pistolese both asked the GOI to attend
the oft-postponed Security Working Group meeting. Spiegel
said he would check with DefMin Peretz and PolDir Gilad to
see if this would be possible and noted that the GOI had been
prepared to meet on July 5. He volunteered to begin work on
an agenda with the EU-BAM and/or USG.

-- Pistolese and Spiegel agreed "in principle" to meet with
Sa'eb Erakat after the Israeli soldier is released. In the
meantime, Spiegel suggested that Pistolese meet with -- and
serve as a go-between for -- both sides. (Spiegel does also
speak with Erakat on the phone.)

-- The GOI and EU-BAM agreed to form a joint technical
committee, with Spiegel saying that regular technical
meetings will offer an opportunity to raise Israeli concerns,
examine possible lessons learned, and prepare the groundwork
for eventual political-level talks.

-- Pistolese requested "urgent" GOI clearance through Kerem
Shalom of scanners, X-ray equipment and conveyer belts
donated by Egypt for the RCP. Spiegel said the GOI has no
objection as long as the equipment is checked. He asked
Pistolese's deputy to contact COGAT to work through the issue.

-- Relaying a request from Erakat, Pistolese asked the GOI to
open Kerem Shalom for imports from Egypt to Gaza. Noting
that Egyptian humanitarian shipments had crossed there
earlier in the day, Spiegel reiterated Israel's interest in
utilizing the Kerem Shalom crossing.

-- Spiegel suggested that the EU-BAM and GOI security
officers meet to find a better way to communicate threat
assessments in real time to allow both prompt closings and
re-openings of the RCP. He cited as a positive example the
coordinated opening/closing/re-opening of Rafah on August
25-26 in response to specific real-time threat information on
two Dugmash operatives planning to exit Gaza through Rafah
and then illegally enter Israel and attack Tel Aviv.

-- Spiegel expressed hope that the extension of the Egyptian
power grid to the Palestinian side of RCP would limit the
time that Rafah would be closed due to any black-outs.

-- Spiegel said that he had formed a new inter-agency team,
with representatives of the Ministry of Defense, the Israeli
Defense Forces, the MFA, Customs, and the Crossings Authority
to examine ways to improve the operation of the RCP.

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USG stresses need to address larger issues
such as the customs protocol
--------------


7. (C) The Ambassador welcomed improvements in technical
coordination but stressed the importance of addressing
unresolved political issues as well. In particular, he said
that the GOI had still not accepted the customs protocol --
even though it had been negotiated by Israeli customs
officials -- and noted continued difficulties with
implementation of the security protocol. Pistolese agreed,
suggesting that the customs protocol could be implemented
even if it is unsigned. Spiegel, seconded by a
representative of Israeli customs, admitted that the GOI
supports the customs protocol but had been unable to sign
once Hamas assumed power. After speaking with the
Ambassador, Spiegel agreed to re-examine the issue and asked
the Ambassador to submit a letter on the protocol to MOD.


8. (C) Peretz's political adviser, Haggai Alon, told the
Ambassador that the GOI realizes that these issues must be
resolved prior to any renewal of the EU-BAM's mandate in
November. He reassured Pistolese that the GOI is fully
cognizant that the outcome of the EU mission in Rafah will
have a direct impact on the EU's role elsewhere in Gaza and
in Lebanon. MFA Deputy Legal Adviser Daniel Taub agreed,
saying the EU-BAM has "significant precedential weight" for
UNIFIL, and "success will breed success and failure will
breed failure." Pistolese noted the possibility of an
expansion of the EU-BAM to the Karni crossing, but said that
a normalization of the RCP procedures is a "precondition" for
any such move.

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