Identifier
Created
Classification
Origin
09STATE98567
2009-09-23 05:53:00
CONFIDENTIAL
Secretary of State
Cable title:
ACTION REQUEST: CONSTRUCTIVE OUTCOME FROM THE
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C O N F I D E N T I A L SECTION 01 OF 06 STATE 098567
SENSITIVE
SIPDIS
E.O. 12958: DECL: 09/22/2019
TAGS: PREL PHUM PTER KISL KPAL IS
SUBJECT: ACTION REQUEST: CONSTRUCTIVE OUTCOME FROM THE
GOLDSTONE REPORT
Classified By: Esther Brimmer, E.O. 12958: 1.4 (b) and (d)
C O N F I D E N T I A L SECTION 01 OF 06 STATE 098567
SENSITIVE
SIPDIS
E.O. 12958: DECL: 09/22/2019
TAGS: PREL PHUM PTER KISL KPAL IS
SUBJECT: ACTION REQUEST: CONSTRUCTIVE OUTCOME FROM THE
GOLDSTONE REPORT
Classified By: Esther Brimmer, E.O. 12958: 1.4 (b) and (d)
1. (U) This is an urgent action request. Posts should
make determinations about delivering the points in para 8
and 9 below based on their discretion and best
understanding of how to advance USG goals identified in
paras 5 and 6 with host governments. Please see para 7 for
action request.
Background
--------------
2. (C) In January 2009, the United Nations Human Rights
Council (HRC) in Geneva held a special session on
"violations of human rights in the occupied territories"
and mandated that a fact finding mission be sent to
investigate "all violations of international human rights
law and international humanitarian law" by Israel against
the Palestinian people. Justice Richard Goldstone, former
Chief Prosecutor for the UN International Criminal
Tribunals for the former Yugoslavia and Rwanda, agreed to
lead the mission but said he would investigate actions by
all parties to the conflict: Israel, Hamas, and Fatah. On
September 15, Justice Goldstone held a press conference in
New York announcing the release of the 575 page Report of
the United Nations Fact Finding Mission on the Gaza
Conflict
(www2.ohchr.org/English/bodies/hrcouncil/spec ialsession/9/d
ocs/unffmgcreport.pdf).
3. (C) We continue to review the report, which is very
lengthy and raises complex issues. We have very serious
concerns about the Report that cannot be ignored. These
include its unbalanced focus on the actions of Israel,
STATE 00098567 002 OF 006
its overly sweeping factual and legal conclusions, and its
recommendations, including a call for this issue to be taken
up in international fora outside the HRC and in national
courts of countries not party to the conflict. The
Report's substance, recommendations, and broader effects
could have a strong impact on many of our interests beyond
the United Nations. Some of the recommendations in the
Report go beyond a conflict mandate into areas that can be
resolved politically in the context of successful permanent status
negotiations between the Israelis and the Palestinians.
4. (C) The UN HRC is scheduled to discuss the Goldstone
Report formally on September 29, but it is likely that the
Organization of Islamic Countries (OIC) will begin
lobbying efforts on its own resolution on the issue as
soon as this week (September 21-25). Rather than simply
voting "no" on a biased resolution, we will seek to engage
diplomatically to achieve a more constructive HRC
outcome. Even if our efforts fail, and we are forced to
oppose a resolution in the end, we believe our efforts to
engage constructively may foster some support from
like-minded delegations. It is likely that even those with
whom we may disagree may view our engagement positively.
USG Goals
--------------
5. (C) The U.S. has several key objectives regarding the
handling of the Report: (i) ensure that repercussions from
the report do not interfere with our efforts to re-launch
Israeli-Palestinian permanent status negotiations; (ii) avoid an
outcome that is one-sided and biased against Israel; (iii)
prevent the report from engulfing the entire HRC session
and our efforts to improve our relations with Arab and
Muslim countries and the international community
generally; (iv) ensure that U.S. early engagement at the
HRC is viewed as responsible and fully consistent with our
commitment to stand firmly and uniformly against human
rights abuses wherever they occur; (v) preserve a focus on
STATE 00098567 003 OF 006
the important human rights issues that we have worked to
promote (including passage of our HRC resolution on freedom
of expression and ongoing diplomacy in the region); and
(vi) contain the handling of the report to Geneva as long
as we can, minimize activity in the UN Security Council
and the UNGA, and work to prevent efforts to refer the matter
to the International Criminal Court.
6. (C) With respect to follow-up action in the UN HRC, our
goal is to avoid a biased and one-sided resolution and/or
a more artfully constructed resolution (which would
attract European and other support) while still working
against the objectives listed above. Rather, we will work
with like-minded members of the HRC to adopt a short
resolution calling on parties to comply with
applicable international law and principles. To do so, we
will seek to undertake the following actions: (i) ask OIC
countries to delay tabling any text until after President
Obama's appearance at the UNGA on September 23 and
underscore the importance of working together on this
issue to prevent it from derailing our efforts to advance
Middle East peace; and (ii) canvass elements of a possible
resolution with the Palestinians, Israelis, and all
members of the HRC. The U.S. has already engaged with
both the Palestinian PermRep in Geneva and Israeli
diplomats in advance of the Report's release, and we will
continue to discuss and engage in dialogue with both
sides.
Action Request
--------------
7. (U) Addressee Posts are requested to deliver the
message in para 8 below to host governments at the highest
possible appropriate level and to report any substantive
response immediately back to the Department to Cari Enav
and Kelly Razzouk in IO/RHS and Jeffrey Giauque in
NEA/IPA. Additional talking points are given for use with
the OIC (para 9),Government of Egypt (para 10),and EU
STATE 00098567 004 OF 006
countries (para 11). All Posts may wish to share proposed
talking points in para 8.
8. (U) BEGIN TALKING POINTS FOR CONSTRUCTIVE OUTREACH:
-- The U.S. continues to review Justice Goldstone's
report. We have serious concerns with the report's
unbalanced focus on Israel, its sweeping factual and legal
conclusions, and many of the recommendations.
-- As we have stated previously, prior to U.S. membership,
the UN Human Rights Council set forth a one-sided and
unacceptable mandate for this fact-finding
investigation.
-- Debate on this HRC report should be handled within the
HRC. We appeal to countries to avoid reverting to the
traditional divisive dynamics seen in previous Council
sessions and instead work to produce a constructive outcome.
The Council has an important program of work before it, and
one issue alone should not overshadow the others.
-- Unproductive discussions and actions with regards to
the Report could have negative consequences for President
Obama's efforts to advance a two-state solution to the
Israeli-Palestinian conflict. It is important to keep in
mind the underlying causes of the tragic events in Gaza
earlier this year -- the lack of a permanent status agreement
between the Israelis and the Palestinians, and the attacks by
Hamas against innocent Israeli civilians.
-- We are seeking your help in working towards a
constructive and measured outcome and solicit your views
and cooperation.
-- The following are principles we believe could be
included in a balanced HRC resolution: (i) [note the Report,
STATE 00098567 005 OF 006
without endorsing it; (ii) encourage Israel and the Palestinians to
investigate and address allegations in the report thoroughly
through credible domestic processes; (iii) encourage the HRC
members
to keep this issue in the HRC; (iv) condemn violations of
International Humanitarian Law and Human Rights Law regardless of
the
actor; and (v) recognize the right of a state to take legitimate
action to protect itself in the face of threats to its security.
.
-- The US would not be in a position to support a
resolution that did the following: (i) gave a blanket
endorsement of the Report and its problematic
recommendations; (ii) recommend that the matter be taken
up by the ICC, (iii) was biased, one-sided and
focused only on Israel.
9. (U) ADDITIONAL TALKING POINT FOR USE WITH OIC COUNTRIES:
-- OIC: We need a strong showing of support from you. Our
focus right now is on re-launching Israeli-Palestinian
negotiations to end the conflict and the humanitarian
suffering it has caused. President Obama's meeting with
Israeli Prime Minister Netanyahu and Palestinian President
Abbas on September 22, was a step towards this goal. We
hope efforts related to the Middle East at the HRC will
look to the future and how we can support the goal of a
two-state solution.
10. (U) ADDITIONAL TALKING POINT FOR CAIRO:
- Egypt: We appreciate the work you have done on the
Freedom of Expression resolution. We hope we can also
count on your support and leadership now as we seek
constructive ways to address the Goldstone Report. This
is another opportunity for us to work together to produce
a balanced and measured outcome.
STATE 00098567 006 OF 006
11. (U) ADDITIONAL TALKING POINT FOR USE WITH THE EU AND OTHER
LIKE-
MINDED COUNTRIES:
- EU and like-minded countries: We solicit your help to
work with us in support of a resolution that is measured,
constructive and unbiased, which will help, rather than
harm, the peace process. We welcome your suggestions and
would like to work together to meet the objectives
outlined above. (para 8).
END TALKING POINTS
CLINTON
SENSITIVE
SIPDIS
E.O. 12958: DECL: 09/22/2019
TAGS: PREL PHUM PTER KISL KPAL IS
SUBJECT: ACTION REQUEST: CONSTRUCTIVE OUTCOME FROM THE
GOLDSTONE REPORT
Classified By: Esther Brimmer, E.O. 12958: 1.4 (b) and (d)
1. (U) This is an urgent action request. Posts should
make determinations about delivering the points in para 8
and 9 below based on their discretion and best
understanding of how to advance USG goals identified in
paras 5 and 6 with host governments. Please see para 7 for
action request.
Background
--------------
2. (C) In January 2009, the United Nations Human Rights
Council (HRC) in Geneva held a special session on
"violations of human rights in the occupied territories"
and mandated that a fact finding mission be sent to
investigate "all violations of international human rights
law and international humanitarian law" by Israel against
the Palestinian people. Justice Richard Goldstone, former
Chief Prosecutor for the UN International Criminal
Tribunals for the former Yugoslavia and Rwanda, agreed to
lead the mission but said he would investigate actions by
all parties to the conflict: Israel, Hamas, and Fatah. On
September 15, Justice Goldstone held a press conference in
New York announcing the release of the 575 page Report of
the United Nations Fact Finding Mission on the Gaza
Conflict
(www2.ohchr.org/English/bodies/hrcouncil/spec ialsession/9/d
ocs/unffmgcreport.pdf).
3. (C) We continue to review the report, which is very
lengthy and raises complex issues. We have very serious
concerns about the Report that cannot be ignored. These
include its unbalanced focus on the actions of Israel,
STATE 00098567 002 OF 006
its overly sweeping factual and legal conclusions, and its
recommendations, including a call for this issue to be taken
up in international fora outside the HRC and in national
courts of countries not party to the conflict. The
Report's substance, recommendations, and broader effects
could have a strong impact on many of our interests beyond
the United Nations. Some of the recommendations in the
Report go beyond a conflict mandate into areas that can be
resolved politically in the context of successful permanent status
negotiations between the Israelis and the Palestinians.
4. (C) The UN HRC is scheduled to discuss the Goldstone
Report formally on September 29, but it is likely that the
Organization of Islamic Countries (OIC) will begin
lobbying efforts on its own resolution on the issue as
soon as this week (September 21-25). Rather than simply
voting "no" on a biased resolution, we will seek to engage
diplomatically to achieve a more constructive HRC
outcome. Even if our efforts fail, and we are forced to
oppose a resolution in the end, we believe our efforts to
engage constructively may foster some support from
like-minded delegations. It is likely that even those with
whom we may disagree may view our engagement positively.
USG Goals
--------------
5. (C) The U.S. has several key objectives regarding the
handling of the Report: (i) ensure that repercussions from
the report do not interfere with our efforts to re-launch
Israeli-Palestinian permanent status negotiations; (ii) avoid an
outcome that is one-sided and biased against Israel; (iii)
prevent the report from engulfing the entire HRC session
and our efforts to improve our relations with Arab and
Muslim countries and the international community
generally; (iv) ensure that U.S. early engagement at the
HRC is viewed as responsible and fully consistent with our
commitment to stand firmly and uniformly against human
rights abuses wherever they occur; (v) preserve a focus on
STATE 00098567 003 OF 006
the important human rights issues that we have worked to
promote (including passage of our HRC resolution on freedom
of expression and ongoing diplomacy in the region); and
(vi) contain the handling of the report to Geneva as long
as we can, minimize activity in the UN Security Council
and the UNGA, and work to prevent efforts to refer the matter
to the International Criminal Court.
6. (C) With respect to follow-up action in the UN HRC, our
goal is to avoid a biased and one-sided resolution and/or
a more artfully constructed resolution (which would
attract European and other support) while still working
against the objectives listed above. Rather, we will work
with like-minded members of the HRC to adopt a short
resolution calling on parties to comply with
applicable international law and principles. To do so, we
will seek to undertake the following actions: (i) ask OIC
countries to delay tabling any text until after President
Obama's appearance at the UNGA on September 23 and
underscore the importance of working together on this
issue to prevent it from derailing our efforts to advance
Middle East peace; and (ii) canvass elements of a possible
resolution with the Palestinians, Israelis, and all
members of the HRC. The U.S. has already engaged with
both the Palestinian PermRep in Geneva and Israeli
diplomats in advance of the Report's release, and we will
continue to discuss and engage in dialogue with both
sides.
Action Request
--------------
7. (U) Addressee Posts are requested to deliver the
message in para 8 below to host governments at the highest
possible appropriate level and to report any substantive
response immediately back to the Department to Cari Enav
and Kelly Razzouk in IO/RHS and Jeffrey Giauque in
NEA/IPA. Additional talking points are given for use with
the OIC (para 9),Government of Egypt (para 10),and EU
STATE 00098567 004 OF 006
countries (para 11). All Posts may wish to share proposed
talking points in para 8.
8. (U) BEGIN TALKING POINTS FOR CONSTRUCTIVE OUTREACH:
-- The U.S. continues to review Justice Goldstone's
report. We have serious concerns with the report's
unbalanced focus on Israel, its sweeping factual and legal
conclusions, and many of the recommendations.
-- As we have stated previously, prior to U.S. membership,
the UN Human Rights Council set forth a one-sided and
unacceptable mandate for this fact-finding
investigation.
-- Debate on this HRC report should be handled within the
HRC. We appeal to countries to avoid reverting to the
traditional divisive dynamics seen in previous Council
sessions and instead work to produce a constructive outcome.
The Council has an important program of work before it, and
one issue alone should not overshadow the others.
-- Unproductive discussions and actions with regards to
the Report could have negative consequences for President
Obama's efforts to advance a two-state solution to the
Israeli-Palestinian conflict. It is important to keep in
mind the underlying causes of the tragic events in Gaza
earlier this year -- the lack of a permanent status agreement
between the Israelis and the Palestinians, and the attacks by
Hamas against innocent Israeli civilians.
-- We are seeking your help in working towards a
constructive and measured outcome and solicit your views
and cooperation.
-- The following are principles we believe could be
included in a balanced HRC resolution: (i) [note the Report,
STATE 00098567 005 OF 006
without endorsing it; (ii) encourage Israel and the Palestinians to
investigate and address allegations in the report thoroughly
through credible domestic processes; (iii) encourage the HRC
members
to keep this issue in the HRC; (iv) condemn violations of
International Humanitarian Law and Human Rights Law regardless of
the
actor; and (v) recognize the right of a state to take legitimate
action to protect itself in the face of threats to its security.
.
-- The US would not be in a position to support a
resolution that did the following: (i) gave a blanket
endorsement of the Report and its problematic
recommendations; (ii) recommend that the matter be taken
up by the ICC, (iii) was biased, one-sided and
focused only on Israel.
9. (U) ADDITIONAL TALKING POINT FOR USE WITH OIC COUNTRIES:
-- OIC: We need a strong showing of support from you. Our
focus right now is on re-launching Israeli-Palestinian
negotiations to end the conflict and the humanitarian
suffering it has caused. President Obama's meeting with
Israeli Prime Minister Netanyahu and Palestinian President
Abbas on September 22, was a step towards this goal. We
hope efforts related to the Middle East at the HRC will
look to the future and how we can support the goal of a
two-state solution.
10. (U) ADDITIONAL TALKING POINT FOR CAIRO:
- Egypt: We appreciate the work you have done on the
Freedom of Expression resolution. We hope we can also
count on your support and leadership now as we seek
constructive ways to address the Goldstone Report. This
is another opportunity for us to work together to produce
a balanced and measured outcome.
STATE 00098567 006 OF 006
11. (U) ADDITIONAL TALKING POINT FOR USE WITH THE EU AND OTHER
LIKE-
MINDED COUNTRIES:
- EU and like-minded countries: We solicit your help to
work with us in support of a resolution that is measured,
constructive and unbiased, which will help, rather than
harm, the peace process. We welcome your suggestions and
would like to work together to meet the objectives
outlined above. (para 8).
END TALKING POINTS
CLINTON