PA PRESENTS SUPPORTING DOCUMENTATION FOR WAR

S E C R E T JERUSALEM 001926

SIPDIS

NEA FOR FRONT OFFICE AND IPA; NSC FOR SHAPIRO/KUMAR; JOINT
STAFF FOR LTGEN SELVA

E.O. 12958: DECL: 10/20/2019
TAGS: PGOV PREL KAWC KPAL KWBG PHUM IS
SUBJECT: PA PRESENTS SUPPORTING DOCUMENTATION FOR WAR
CRIMES JURISDICTION TO THE ICC

Classified By: Consul General Daniel Rubinstein
for reasons 1.4 (b,d).


1. (U) On October 16, the International Criminal Court
(ICC) issued a press release noting that Prosecutor Luis
Moreno-Ocampo had received PA Minister of Justice Ali Khashan
and an accompanying delegation in Geneva. The ICC's
statement noted that the court would "carefully examine" the
issues raised, starting with "the issue of whether the
declaration by the PNA accepting the exercise of jurisdiction
by the ICC meets statutory requirements." Moreno-Ocampo was
quoted as saying that "we appreciate the efforts undertaken
by the PNA and the extensive legal arguments presented on a
highly complex area of law."


2. (U) In a statement to Palestinian media, Khashan said
that he had presented Ocampo with documents outlining war
crimes allegedly committed by Israel during December 2008 -
January 2009 IDF combat operations in Gaza, and had responded
to inquiries from the ICC related to the PA's attempt to
accede to the Rome Statute and become a full ICC member.
Khashan noted that it was important that those anticipating
ICC action "have patience," given that "we (the PA) do not
have any documentation for the Israeli crimes."
Nevertheless, he said, he believed that PA engagement with
the ICC and its attempts to achieve full membership would
give Palestinians "the ability to confront with peaceful
follow-up the revelation of Israeli war crimes."


3. (S) In an October 19 meeting with the CG, PM Salam
Fayyad assessed that the ICC's procedure for determining
whether the PA could submit a claim was "a two year process."
"Tell the Israelis to lay off our backs," he said. "We're
not even competent to submit a complaint. But in the wake of
Goldstone, we can't not pursue these sorts of claims against
Israelis." Still, he said, the ICC complaint is going
nowhere -- "and neither is Goldstone." He argued that the PA
needed to use this time, while the ICC and Goldstone issues
worked their way through international bureaucracies, to
change the conversation and win back public trust. "We don't
have political capital to spend," he warned.


4. (S) Fayyad remained pessimistic about the damage done by
the Goldstone issue, which he termed "completely debasing" of
the PA's reputation. "Goldstone has really damaged us in a
very lasting way," he argued. He also reiterated assertions
that the GOI released damaging stories abuot Abu Mazen to the
Israeli press.
RUBINSTEIN