Palestinian Ambassador on Goldstone, 4GC, HRC

C O N F I D E N T I A L SECTION 01 OF 02 GENEVA 000043 SIPDIS AMEMBASSY THE HAGUE PASS TO AMCONSUL AMSTERDAM E.O. 12958: DECL: 2020/02/16 TAGS: PHUM PREL UNHRC SUBJECT: Palestinian Ambassador on Goldstone, 4GC, HRC CLASSIFIED BY: Douglas Griffiths, Charge d'Affaires, a.i., State; REASON: 1.4(B),(D) Summary ¶1. (C) In a February 16 meeting with DRL A/S Mike Posner, Palestinian Ambassador Ibrahim Khraishi stressed the following points: -- The PA is angered that the OHCHR asked Hamas to submit a report on Goldstone follow-up, which implicitly recognized Hamas as a governing entity; the Palestinians will raise their objections with High Commissioner Pillay. -- The PA may produce a "procedural" resolution in NY to repeat calls for Goldstone follow-up investigations by Israel and the Palestinians and urge Switzerland to convene a meeting of the High Contracting Parties of the Fourth Geneva Convention. -- The Palestinians are open to working with the U.S. on a new approach to their issues at the March Human Rights Council (HRC) session (resolutions on self-determination, Israeli settlements, Israeli HR violations, and Goldstone follow-up); however, they view as essential the need to maintain pressure on Israel via the legal mechanisms of the UN. ¶2. (C) A/S Posner urged that any actions at the HRC or UNGA be supportive of SE Mitchell's efforts and proposed that if the Palestinians genuinely want to work with the U.S., they should focus on essentials. We will meet with the Palestinians next week to explore in more detail the possibility of negotiating elements of the Palestinian issues in the March HRC session. Separately, the Palestinians also informed us that they were considering seeking the removal of Special Rapporteur for Human Rights in the OPT Richard Falk's due to his poor performance and reference to Hamas in his draft report to the Council. End summary. Goldstone issues ¶3. (C) DRL A/S Mike Posner, Charge Griffiths, U.S. Mission Legal Advisor and PolCouns met with Palestinian Ambassador Ibrahim Khraishi and his deputy, Imad Zuhairi, on February 16 to review the Middle East-related issues that will dominate the March session of the Human Rights Council. ¶4. (C) On the Goldstone report follow-up, Khraishi said he did "not want to make Goldstone a hot oven to burn everyone," but he wanted to use it effectively. He stressed that the existing GA and HRC resolutions on the matter were not negotiable as they were already adopted. He offered that the PA may try to run a "procedural" resolution in the UNGA calling on the Israelis and Palestinians to do further investigations and the Swiss to hold a meeting of the High Contracting Parties of the Fourth Geneva Convention. ¶5. (C) Khraishi reiterated several times his angst that the OHCHR had actively elicited a report from Hamas on its Goldstone-related investigations. Hamas produced and submitted to the UN a 45-page document. "Why did the OHCHR not request reports from the 13 other armed groups?" he asked rhetorically. Hamas took this as a sign, Khraishi complained, that they do not need to cooperate with the PA. Khraishi said he would raise his objections with High Commissioner Pillay and appeal to have Hamas's report submitted to GENEVA 00000043 002 OF 002 the PA, which could then determine how best to submit it to the UN. A/S Posner expressed our equal concern that Hamas not be recognized in the same way as a state or as the PA. The Charge said he would raise the issue with Pillay as well. ¶6. (C) Khraishi said he is urging Switzerland to convene a meeting of the Fourth Geneva Convention High Contracting Parties; however, the Palestinians are flexible on the timing. It could be any time this year. He said they wanted to use such a meeting to pressure Israel into accepting that they are an occupying power and to promote the concept of international protection [in the OPT]. HRC March Session - Palestinian Resolutions ¶7. (C) Khraishi and Zuhairi said they were open to working with the U.S. on a new approach to their issues at the March HRC session and wanted our support to achieve consensus resolutions. The Palestinians typically run resolutions on self-determination of the Palestinian people, Israeli settlements in the OPT, and Israeli human rights violations. They will also have a Goldstone follow-up resolution. A/S Posner urged them to consolidate the number of texts and to focus on the essentials, particularly given our well-known disagreements on status questions such as the concepts of occupation and self-determination. We agreed to discuss these issues in more detail next week. While the Palestinians offered to consider options with us, Khraishi made clear that they must maintain pressure on Israel via the legal mechanisms of the UN. Khraishi lamented the disappearance of the peace camp in Israel, saying that these resolutions and other legal approaches "are our only weapons." He concluded by saying, "If we fail, we disappear. If we win, they [Hamas] disappear." PA May Call for Special Rapporteur Falk's Dismissal ¶8. (C) Also on February 16, in a separate conversation with Charge and PolCouns, PA DPR Zuhairi was visibly upset by Special Rapporteur for Human Rights in the OPT Richard Falk's reference to Hamas in his draft report. In para 8, Falk states that UNGA resolution 64/10 calls on Hamas - vice the PA - to undertake investigations. Zuhairi argued that he had too often corrected Falk's many errors and that this latest misguided effort by Falk had gone too far. Zuhairi said he might use the February 18 HRC organizational meeting to seek to block Falk's report from being presented to the HRC on the grounds that Falk overstepped his mandate, had addressed issues outside his brief, and had failed to appropriately recognize a UNGA resolution (not to mention the legitimate authority of the Pa). Zuhairi also said he wished Falk would drop his repeated suggestions that Israel's actions in the OPT be equated with the Holocaust. Such language has allowed Israel to justify its refusal to allow Falk to visit, and has limited his usefulness as a rapporteur. ¶9. (C) In light of the reference to Hamas, Zuhairi said he had called Falk personally and asked him to step down, something Falk angrily rejected. Zuhairi sought our advice on how best to approach the issue, particularly in light of currently OIC and African Group attempts to censure the secret detention study. Charge and PolCouns, while acknowledging the problem of recognizing Hamas, told Zuhairi that the U.S. defended the independence of the special procedures mandate holders and that we objected to state's use of the code of conduct as a means to muzzle rapporteurs. ¶10. (U) A/S Posner did not have the opportunity to clear this cable. GRIFFITHS