GOI DEMARCHE ON PA LETTER TO THE INTERNATIONAL

C O N F I D E N T I A L TEL AVIV 001138 SIPDIS E.O. 12958: DECL: 05/21/2019 TAGS: PREL KAWC KWBG IS SUBJECT: GOI DEMARCHE ON PA LETTER TO THE INTERNATIONAL CRIMINAL COURT Classified By: Charge d'Affaires Luis G. Moreno, Reason 1.4 (b) (d) ¶1. (C) MFA Director General Yossi Gal convoked the Charge May 21 to deliver a demarche on the Palestinian Authority's letter of January 21 to the Prosecutor of the International Criminal Court, in which the PA requested that the Prosecutor "extend his jurisdiction to cover claims against Israel" for Operation Cast Lead in Gaza. Pol Couns accompanied the Charge, while Gal was joined by his Chief of Staff Alon Ushpiz, a representative of the MFA's legal department, and a notetaker. Gal said the ICC Prosecutor is still looking into the issue but the Israelis have heard that he may reach a decision shortly. ¶2. (C) Gal stressed that during a May 20 meeting with cabinet ministers at which the PA request to the ICC was discussed, there was great anger at the PA for not withdrawing the request, and Gal urged the U.S. to recognize the seriousness of the implications for Israeli-PA relations if an ICC criminal prosecution of IDF officers and GOI officials moves forward. Gal noted that former Foreign Minister Livni had raised the issue with Secretary Clinton and Senator Mitchell, while the GOI has also engaged the PA directly at various levels without results. According to Gal, the PA's responses have minimized the significance of the letter, calling it the result of internal Palestinian pressures or suggesting it had no importance, yet the PA has not withdrawn it. Gal commented that although Israeli-PA security cooperation continues to be good and both sides are focusing on resuming negotiations, the PA letter could undermine everything. Gal said the GOI hopes the PA will "hear from the U.S. in strong terms," especially since the "powerful emotions" on this subject within the Israeli cabinet could result in "severe consequences" if an ICC investigation moves forward. ¶3. (C) Comment. We request the Department's guidance in a timely manner given the urgency conveyed by Gal. We are unsure what triggered their demarche since they have not mentioned the PA's letter to us for several months, but the timing could be linked to information that the ICC Chief Prosecutor is about to make a decision. ********************************************* ******************** Visit Embassy Tel Aviv's Classified Website: http://www.state.sgov.gov/p/nea/telaviv ********************************************* ******************** MORENO