ISRAEL TO TRY NEW TACK ON GOLDSTONE REPORT, UPSET

C O N F I D E N T I A L SECTION 01 OF 02 GENEVA 000684

SIPDIS

E.O. 12958: DECL: 08/16/2019
TAGS: PHUM PREL PGOV KDEM IS
SUBJECT: ISRAEL TO TRY NEW TACK ON GOLDSTONE REPORT, UPSET
WITH PILLAY'S REPORT

Classified By: CDA Douglas M. Griffiths, reasons 1.4 (b) and (d).


1. (U) This is an action request. See para 6.

Summary
--------------


2. (C) For the first time since the creation of the Human
Rights Council (HRC),Israel is considering engaging in
substantive negotiations on a resolution about the
Palestinian territories. The resolution, if tabled, would
respond to the anticipated report by the Fact Finding Mission
to investigate the Gaza conflict ("Goldstone Report")
established by the HRC during its Ninth Special Session held
in January of this year. Israel has decided it will either
work with the European Union and (assuming we engage) the
United States to propose amendments to a likely draft
resolution by the Palestinians or related group, or encourage
a counter-resolution that the EU or another delegation could
present. As the USG has not negotiated similar resolutions
in the past, Post seeks guidance on U.S. posture in light of
this new Israeli approach.


3. (C) Separately, Israel is deeply disappointed with the
High Commissioner's August 14 report on the situation in
Gaza, drafted as a result of the HRC's resolution resulting
from its Ninth Special Session. Despite multiple discussions
with the High Commissioner and her staff, Israel found that
that the report failed to correct almost all of the factual
errors and misrepresentations they brought to her direct
attention several times. The GOI has consequently decided to
suspend its already limited interaction with the Ramallah
field office of the Office of the High Commissioner for Human
Rights (OHCHR),although Israel will continue its budding
dialogue with High Commissioner Pillay. End Summary.

Testing the HRC Waters
--------------


4. (SBU) Israeli Political Counselor Walid Abu-Haya and
Israeli Mission Legal Officer Amanda Grudinskas met with
PolCouns and Mission Legal Advisers on August 14. Abu-Haya
informed us that Israel had not yet received an advance copy
of the report by the Fact Finding Mission for the Conflict in
Gaza, which Justice Richard Goldstone will present at the
12th Session of the Human Rights Council this September.
Reportedly, however, the Israeli Mission in The Hague has
learned that the first draft won't be released until
September, leaving the countries concerned very little time
to provide input before Goldstone officially presents his
report on September 29. Abu-Haya said he expected his
delegation would make a statement at the HRC in reply to
Goldstone's report presentation. Although he could not
predict the content or tone of the report and even allowed
that "Goldstone may surprise us (positively)," Abu Haya
thought the GOI would use its remarks to outline the efforts
it has made to investigate alleged abuses and express
concerns about Goldstone's public hearings (the Gaza hearings
were widely publicized, contrary to the Geneva hearings).


5. (C) Abu-Haya said that Israel was preparing to engage in
negotiations on the expected follow-up resolution that the
Palestinian Observer or other delegations, such as the
Organization of the Islamic Conference (OIC),would almost
inevitably draft as a follow-up to the Goldstone report.
Abu-Haya said his capital had informed him that Israel would
take one of two approaches: 1) work with EU members and the
U.S. to present amendments to the anticipated OIC/Palestinian
text, or 2) work with the Swedish EU Presidency to promote a
counter-resolution to an eventual OIC or Palestinian draft.
Israel's bottom line is that they do not/not want the issue
or discussion of the Goldstone report to move outside the HRC
and migrate into other fora, such as UNGA. Engagement by
Israel on the Goldstone report resolution would mark the
first time that Israel has participated in such negotiations.
He said the GOI would use this effort as a "test case" to
determine if it should engage more broadly on Middle East
resolutions in the HRC. Abu-Haya reiterated the basic message
they have made over the past several weeks in connection with
the GOI's own newly-released report on the Gaza Operation: in
engaging on a resolution, Israel is not seeking a resolution
that reflects positively or sympathetically on Israel. To
the contrary, Israel welcomes an opportunity to openly and
honestly discuss the issue, but in a manner that represents
fairly the responsibilities and obligations of both sides.


6. (U) The USG has historically not engaged on the many HRC
Middle East resolutions. Post requests Washington guidance

GENEVA 00000684 002 OF 002


on USG's engagement posture with respect to an expected
resolution on the Goldstone Report and on other OPT-related
resolutions that may arise during the upcoming HRC session in
light of Israel's decision.

Israel Displeased with Pillay's Gaza Report
--------------


7. (SBU) On August 14, High Commissioner for Human Rights
Navi Pillay released the advanced version of her report on
the Gaza conflict, a report called for by HRC Resolution
S-9/1 (http://www2.ohchr.org/english/bodies/ hrcouncil/docs/
12session/a%20hrc%2012%2037 AEV.pdf). The report was
originally scheduled for presentation at the June HRC
session, but Pillay delayed its release after Israel
intervened with her to allow more time for responses by the
country concerned. Like the Goldstone report, the High
Commissioner's report will be presented at the HRC's
September session.


8. (C) Abu-Haya explained in detail the fruitless efforts
the GOI had undertaken to work with Pillay and her staff to
improve and correct the report since June. Despite noting
numerous factual errors and what Israel views as
misrepresentations, Pillay submitted the report without
taking into account most of Israel's input, which included
clarification on applicable legal standards, factual
corrections, and policy points. According to Abu-Haya and
Grudinskas, the report also selectively employs a
self-imposed timeframe for reporting, claiming that it only
reviews the situation in Gaza through April 2009;
nevertheless, the report goes on to include input by selected
NGO's on events that took place after April, while ignoring
counter-arguments by the likes of Human Rights Watch and
other NGOs that reported on Hamas actions in the same time
period. They expressed dismay that Pillay appeared as though
she had not read the report, which they believe - and have
some evidence to suggest - the OHCHR field office in Ramallah
drafted. Israel's ambassador in Geneva told the Charge that
he met twice privately with Pillay in an effort to educate
her on the report's many errors. He said that the
conversations were remarkably cordial. Pillay acknowledged
the weaknesses of the report, but was disappointingly passive
in explaining that she was compelled to release the report,
even though she acknowledged that it was flawed. As a
consequence, Abu Haya told PolCouns separately, the GOI would
cease its already limited contact with the OHCHR Ramallah
Office. They would nonetheless continue to pursue the
dialogue they have recently begun with the High Commissioner.

Comment
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9. (C) As Israel is in the early phases of developing this
new approach, it remains to be seen how publicly engaged they
will want to be on a Goldstone follow-up resolution, if they
will actually sit in the informal negotiations, or if they
will opt to provide their input through and seek the support
of friendly delegations. Regardless, Israeli engagement,
even if done vicariously through the EU or by asking for U.S.
support, could signal a shift in Israel's approach to the HRC
and leave open the door for its broader participation on
Middle East resolutions. Without overstating the case, such
engagement could provide an opportunity to begin bridging one
of the many divides in the Human Rights Council. End Comment.
GRIFFITHS