SECURITY COUNCIL AND GAZA BOARD OF INQUIRY:

C O N F I D E N T I A L SECTION 01 OF 02 USUN NEW YORK 000500 SIPDIS DEPARTMENT FOR USUN/W, BURNS, STEINBERG, AND MILLS. PLEASE PASS TO NSC FOR SHAPIRO AND KUMAR E.O. 12958: DECL: 05/13/2019 TAGS: PREL UN KWBG KPAL IS LY SUBJECT: SECURITY COUNCIL AND GAZA BOARD OF INQUIRY: COUNCIL DECIDES TO LET THE SECRETARY-GENERAL MAINTAIN THE LEAD REF: A. STATE 48881 ¶B. USUN NEW YORK 495 Classified By: Ambassador Alex Wolff for reasons 1.4 (b) and (d). ¶1. (C) The Security Council held short consultations on May 13 on the Secretary-General's transmittal to the Council of his letter and summary of the Gaza Board of Inquiry report and Libya's draft resolution on the matter. The Council agreed to take no further action and asked the Presidency to convey orally to the Secretary-General the views of members that the Secretary-General keep the Council informed of his progress on the Report's recommendations, as he deems appropriate. End summary. ¶2. (C) The Security Council discussed in consultations under "other matters" on May 13 the Secretary-General's transmittal to the Council of his letter and summary of the Report of the Gaza Board of Inquiry. Libyan Perm Rep Shalgham spoke first and called for action by the Council to the deliberate targeting of UN facilities and personnel by a member state and referred to the draft resolution his delegation circulated on May 11. (Comment: Ambassador Shalgham clearly had heard our concerns about their approach on this matter since his statement stayed away from his delegation's usual histrionic summary of Israeli wrongdoing. End comment.) ¶3. (C) Ambassador Wolff spoke early in the session since the rest of the Council was clearly waiting to hear the U.S. statement. He drew from the points in ref A, stressing that this issue is an internal Secretariat matter and should remain with the Secretary-General for his continuing action. He underscored that Council involvement puts in jeopardy the Secretariat's and the Government of Israel's ability to work together on the Report's relevant recommendations. He also noted that the Council's discussion of any product on this issue would serve only to further alienate from the United Nations one of the parties in the peace process and sow more distrust, thereby jeopardizing peace negotiations. Ambassador Wolff made clear the United States would not support any product from the Council on this matter. ¶4. (C) Most of the delegations, including the United Kingdom and Costa Rica, voiced appreciation for the 
Secretary-General's letter and summary, expressed concern about the contents of the summary, but did not believe it was appropriate to take any Council action on a formal product. The Ugandan Perm Rep suggested that the Council follow the Secretary-General's continuing actions on this matter and revisit it at a later date should there not be any progress. A number of delegations seconded such an approach and urged the Presidency to comment to the press that the Council had discussed the issue. The Turkish Perm Rep stressed that Turkey had no interest in criticizing the report and did not want to do anything to negatively impact the U.S.-led peace process. He also underscored that his delegation did not want to embark on a process (implying a resolution negotiation) that would result in a dead-end. Several delegations asked that the Presidency inform the Secretary-General about the Council's discussion which the Russian Council President agreed he would do orally. ¶5. (C) The French Perm Rep repeated, almost verbatim, Foreign Minister Kouchner's remarks from the May 11 Ministerial meeting, emphasizing that the Council should remain engaged on the issue and that France was ready to support any impartial investigation that covers both sides and all issues. He also expressed interest in continuing the discussion over the continuing days. The UK Perm Rep reiterated their call from the May 11 Ministerial meeting for Israel to investigate further the incidents in light of the Board's findings, but he, too, supported the Ugandan recommendation and Ambassador Wolff's comments. While the Austrian Perm Rep underscored that the genuine lesson of this episode is the need to pursue adherence to international humanitarian law, he did note that the Secretary-General continued to review the Board's recommendations and supported the Ugandan Perm Rep's recommendation to follow-up on the Secretary-General's continuing actions. The Chinese representative specifically called on the Israelis to make reparations. ¶6. (C) Ambassador Shalgham took the floor again to note the preferences of a large majority of Council members and said Libya would not push for a vote on their draft resolution. ¶7. (C) The Russian Council President concluded the meeting USUN NEW Y 00000500 002 OF 002 by saying he would go to the press and voice appreciation for the Secretary-General's transmission of his letter and report; that the Council had discussed the matter; that delegations had expressed concern about the findings of the report; and the Council is interested in being kept informed, as the Secretary General deems appropriate. Rice