ARABS REQUEST U.S. SUPPORT FOR SECURITY COUNCIL

C O N F I D E N T I A L SECTION 01 OF 03 USUN NEW YORK 000944 SIPDIS E.O. 12958: DECL: 10/23/2019 TAGS: PREL KPAL KWBG UNSC IS LY SUBJECT: ARABS REQUEST U.S. SUPPORT FOR SECURITY COUNCIL ACTION ON GOLDSTONE Classified By: Ambassador Wolff for reasons 1.4 (b) and (d) ¶1. (C) Summary: Ambassador Wolff met Friday October 23 with the representatives of Arab states and organizations that have joined together as a follow-up group to lobby for action on the Goldstone Report in New York. The Palestinian Permanent Observer suggested the establishment of a "monitoring mechanism" in the Security Council that would serve a dual purpose: increasing the chances that the parties themselves will act, and, in the absence of national action, creating an alternative way that those responsible for crimes can be brought to justice. ¶2. (C) Summary Continued: Ambassador Wolff stated explicitly that the Goldstone Report should not be dealt with by the Security Council and that there would not be any referral to the ICC. Wolff challenged the group to explain how bringing this report to the Security Council related to the overall strategic goal that the U.S. shares with them - establishment of a Palestinian state living side-by-side in peace and security with Israel. The Palestinian Permanent Observer said that if the Security Council does not act on its own, the General Assembly (GA) will act and "the whole weight of the General Assembly will be on you," but also made it clear that the GA would act on the report no matter what happened in the Council. At the conclusion of the meeting the Egyptian Ambassador asked Wolff one-on-one whether the U.S. could consider a Council statement merely calling for national investigations. The Arab follow-up group met later on October 23 to consider next steps in view of the U.S. position. In a conversation following that meeting, the Egyptian Ambassador told Wolff that the group is likely to move directly to the GA as a first step, possibly in the first week of November, with a resolution whose content is not yet clear. End summary. ¶3. (C) Ambassador Wolff met Friday October 23 with the representatives of Arab states and organizations that have joined together as a follow-up group to lobby for action on the Goldstone Report in New York. In attendance were Ambassador Abdelaziz of Egypt (representing the Non-Aligned Movement),Palestinian Permanent Observer Mansour, Sudanese Charge Di-Aping (as the Chairman of the Arab Group for the month of October),Syrian Ambassador Ja'afari (as Chair of the Organization of the Islamic Conference),Moroccan Ambassador Lulicki (as Chair of the Jerusalem Committee) and Arab League Representative Mahmassani. (Note: Ambassador Badji of Senegal, Chair of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, is also a member of the follow-up group but did not attend. End note.) ¶4. (C) Mansour reported that the group had already meet with other (unnamed) members of the Security Council, the President of the General Assembly, and twice with the Secretary General in order to follow-up on the action taken in Geneva by the Human Rights Council (HRC). The group's explicit goal is Security Council action that will "force" national investigations and accountability by the parties, and establishment of a Security Council mechanism to follow-up if national authorities fail to take action. (Note: The group had already heard from the Russians and Chinese that they oppose referring the matter to the Security Council, but in an October 22 meeting the UK told the group it has "no opposition in principle" to bringing the Goldstone Report to the Security Council. The group was scheduled to meet with the French Mission later on October 23. End note.) -------------- Security Council must act -------------- ¶5. (C) Mansour said "the Security Council has to act." He said that Goldstone made recommendations for Security Council action because the Council it is the only UN body that can compel states to comply. Mansour said that despite the fact that the General Assembly has been appealing for an end to settlements for decades, Israel continues to build. He suggested that referring Goldstone to the Security Council could establish a "model" to hold Israel to commitments when it fails to take action on settlement construction and the issue of Jerusalem. -------------- Establishing a monitoring mechanism -------------- ¶6. (C) Mansour said that there is a "global consensus," to which only Israel disagrees: that national investigations on the basis of the Goldstone Report must take place. Mansour USUN NEW Y 00000944 002 OF 003 suggested the establishment of a "monitoring mechanism" in the Security Council that would serve a dual purpose: it would increase the chances that the parties themselves will act and, in the absence of national action, would create an alternative way that those responsible for crimes can be brought to justice. Mansour was clear that the group's objective is to "bring those who potentially committed war crimes to justice in Israeli and Palestinian courts." Abdelaziz noted, "we (diplomats) are not judges, but we need to ensure that the competent legal organs investigate and ensure there is no impunity." Mansour suggested that the Goldstone Report has had a tangible effect already - Israel will never conduct its military operations in the same way again and "Hamas will think 1,000 times before firing rockets at Israeli civilians." -------------- U.S. against Security Council Action -------------- ¶7. (C) Ambassador Wolff stated explicitly that the Goldstone Report should not be dealt with by the Security Council and that there would be absolutely no referral by the Council to the ICC on this issue. He underlined that the U.S. is joined in this position by other permanent members of the Security Council. Wolff reminded the group that the Security Council is not "bound" by Goldstone's assessment of what its responsibilities should be - that is a matter for the Council. He noted that considering the Goldstone Report as a threat to international peace and security will not have traction. He reiterated the U.S. position regarding the flawed mandate given by the HRC, flaws in the report itself, and the U.S. disagreement with many of Goldstone's recommendations. He said that the report should be considered by the HRC in a credible manner, not simply forwarded to New York. ¶8. (C) While acknowledging the importance that national investigations could play, Wolff noted there are recommendations for investigations of Hamas and Israeli actions. He stated that the U.S. has confidence in the Government of Israel's judicial process, but asked how an investigation of Hamas' activities could take place. He queried whether President Abbas would be held responsible for failing to carry out investigations in Gaza despite the real logistical impediments on the ground or if the Palestinian Authority would wish to legitimize Hamas' power in Gaza by calling on the terrorist group to carry out an investigation of itself. Mansour, clearly uncomfortable, had no answers to these questions. Finally, Wolff challenged the group to explain how brining this report to the Security Council related to the overall strategic goal that the U.S. shares with them - establishment of a Palestinian state that can live side-by-side in peace and security with Israel so that the events in Gaza are not repeated. -------------- GA will hold the SC responsible -------------- ¶9. (C) The Arab ambassador's comments made it clear that the GA will act on the report no matter what happens in the Council. Mansour said that the HRC had fully endorsed the report and that he expects the General Assembly will do so as well. Mansour called the Goldstone Report a test for the international community and said that if the Security Council does not act on its own, the General Assembly will act and "the whole weight of the General Assembly will be on you." Clearly frustrated, Mansour said if there is not action on the Goldstone Report by the Security Council, "Israel wins again." Egyptian Ambassador Abdelaziz said the General Assembly could either refer the report to the Security Council for action or establish a General Assembly monitoring and follow-up mechanism, or both. -------------- Other Regional Views -------------- ¶10. (C) Syrian Ambassador Ja'afari said that U.S. support for bringing Goldstone to the Security Council would be an opportunity to reinforce with action President Obama's Cairo speech. Arab League Representative Mahmassani noted strong pressure in the court of Arab public opinion for action by the United Nations. Moroccan Ambassador Lulicki said that the group wants to make sure its approach to the Goldstone report in New York is credible and effective and, to the extent possible, wants to proceed by consensus. The Sudanese Charge said that the perception of how the issue is dealt with should be considered a threat to global security because USUN NEW Y 00000944 003 OF 003 it will be used as a powerful symbol for militants and extremists worldwide. The Egyptian Ambassador noted the need for consistency in the Security Council's treatment of human rights issues. Ambassador Wolff responded, looking at the Sudanese and Syrians, that the group's concern about consistency on human rights would be more credible if its composition were different. -------------- Arabs reconsider next step -------------- ¶11. (C) At the conclusion of the meeting the Egyptian Ambassador asked Wolff one-on-one whether the U.S. could consider a Security Council statement calling for national investigations. The follow-up group then reconvened to consider carefully the U.S. comments and red lines. The Egyptian Ambassador told Ambassador Wolff after that meeting that the U.S. message was clear and that the group is now reaching the conclusion, in light of the discussion with the U.S., to move directly to the GA the first week of November in order to adopt a resolution there. The Egyptians and Palestinians have proposed a trilateral meeting with the U.S. Mission next week to discuss the way forward. Wolff