GOLDSTONE: ANTICIPATED NEXT STEPS IN NEW YORK

C O N F I D E N T I A L USUN NEW YORK 000065 SIPDIS E.O. 12958: DECL: 02/05/2020 TAGS: POL PREL PHUM IS KPAL SUBJECT: GOLDSTONE: ANTICIPATED NEXT STEPS IN NEW YORK Classified By: Ambassador Alex Wolff for reasons 1.4 (b) and (d) ¶1. (C) Summary: On February 4 the Secretary General released his report on Goldstone as requested by the November 5 General Assembly resolution. The Secretary General's report is brief, but attaches the submissions of the Israelis, Palestinians, and the Swiss (as depository of the Geneva Convention). Official reaction in New York has been quiet, but our UK counterparts are already expressing a desire to engage the Palestinians on follow-up. The Palestinian Mission has sent strong signals of its intent to draft a resolution to be adopted during the last two weeks of February that calls on the parties to continue investigations and calls for additional reports by the Secretary General. The Palestinian Mission in New York claims that its actions are driven by the need to protect Abu Mazen. End summary. -------------- Palestinian Plans -------------- ¶2. (C) On February 4 the Secretary General released his report on Goldstone as requested by the November 5 General Assembly (GA) resolution 64/10 (Follow-up to the report of the United National Fact-Finding Mission on the Gaza Conflict). The Secretary General's report is brief, at less than two pages, but attaches the submissions of the Israelis, Palestinians, and the Swiss (as depository of the Geneva Convention). The Deputy Permanent Observer (DPO) of the Palestinian Mission told us the Palestinian Mission did not share an advance copy of its submission to the Secretary General (SYG) with the Arab group. The DPO claimed that the Palestinians have not made any firm decisions on next steps, but need to show that the SYG's report is not the "last stop" for the Goldstone Report. The Palestinian Mission was meeting, along with the Arab follow-up group (Morocco, Syria, Senegal, and Egypt) with the SYG at close of business March 5 in New York. ¶3. (C) The Palestinians intend to pursue another UN General Assembly (UNGA) resolution that they are describing as "technical" with a focus on three key elements: taking note of the Secretary General's Report, calling upon the parties to continue the process outlined in 64/10, and requesting another report from the Secretary General. The DPO said that another SYG follow-up report could be requested three to six months from when the resolution is adopted. ¶4. (C) The Palestinian DPO said that "given the status of the investigations," the Palestinians are considering the possibility of introducing a resolution without calling for a UNGA meeting. (Note: This contrasts with standing Palestinian practice of seeking a meeting and encouraging the maximum number of speakers. End note.) The Palestinians would conduct consultations on a resolution to be adopted during the last two weeks of February. -------------- The need for follow-up -------------- ¶5. (C) The Palestinian DPO described the need for follow-up in New York as a way to manage Goldstone, which has "taken on a life of its own." When challenged on how follow-up could impact the stated Palestinian goal of negotiations that result in the establishment of a Palestinian state, the DPO cited the "lasting damage" to Abu Mazen from the Geneva decision to delay action on the report. Noting that the report has a "snowball" effect, the DPO said that it is not possible to predict if all members of the Arab Group would allow the Palestinians to drive the follow-up process. ¶6. (C) The DPO admitted that the domestic Palestinian context for action is not positive. Hamas has already criticized the establishment of a Palestinian investigatory committee and established its own "oversight" mechanism for what it perceives as a Palestinian Authority (PA) process designed to harm Hamas. Admitting that the Palestinian decision to establish an independent investigation commission appeared to have been done in haste, the DPO defended it as a "real process." She claimed that the PA is still looking for opportunities for "recognized international Arabs" to take part in Arab League-led investigations. If the Palestinians can reach agreement to form an international investigation, the Arab League group would incorporate the existing five Palestinian Commission members. -------------- Years more of follow-up -------------- ¶7. (C) The DPO noted that the search for accountability for "war crimes" could take five or ten years, but that the immediate goal of the Palestinian Mission is to show ongoing process to stave off criticism of its actions or those of the PA. She described the Goldstone Report as confirming what the Palestinian Mission has been trying to explain for years at the UN about "the crimes committed against the Palestinian people by the Israeli occupation." She noted that in the future, if there is a return to negotiations, the Palestinians could choose to slow down the pace at which they call for additional measures. -------------- Will Europe Engage? -------------- ¶8. (C) The Spanish Mission expert (current EU President) confirmed she had received a similar anticipated timeline for Palestinian follow-up action. The EU has not begun internal consultations in New York to coordinate a common position. The UK Mission expert noted that the UK will want to engage the Palestinians on a moderate, technical resolution. (Comment: The lack of a common EU position during the adoption of 64/10 accounted for nine "no" votes. End comment.) RICE