The United Nations Security Council today failed to adopt a resolution that would have condemned the assassination of Hamas leader Sheikh Ahmed Yassin, with the United States vetoing what it called a one-sided text.

The resolution, sponsored by Algeria and Libya, garnered 11 tallies in favour, with the United States casting the sole vote against it. Germany, Romania and the United Kingdom abstained.

Speaking before the vote, Ambassador John D. Negroponte of the United States explained that his country opposed the resolution because it was "silent about the terrorist atrocities committed by Hamas," did not reflect the realities of the conflict in the Middle East and "because it will not further the goals of peace and security in the region."

Ambassador Negroponte said the United States was "deeply troubled" by the killing of Sheikh Yassin. "Israel's action has escalated tensions in Gaza and the region, and could set back our efforts to resume progress towards peace," he said.

But he added that events must be considered in their context and the Council "does nothing to contribute to a peaceful settlement when it condemns one party's actions and turns a blind eye to everything else occurring in the region."

Following the vote, Algeria's Ambassador, Abdallah Baali, said the result was as if the Security Council concluded that it had no say in the terrible tragedy unfolding in that part of the world. "By not condemning the extrajudicial killing of Sheikh Yassin, the Security Council is not sending the right message to the world which has unanimously condemned this crime," he said.

Ambassador Baali added that the Council was not sending the right message to those who sincerely believed that it was the custodian of international law. "But it is certainly sending the wrong message to Israel, whose representative boasted two days ago in this very chamber about the crime and vowed to continue the unlawful policy of extrajudicial killings," he said.

If adopted, the text would have condemned "the most recent extrajudicial execution committed by Israel, the occupying Power," that killed Sheikh Ahmed Yassin along with six other Palestinians outside a mosque Monday in Gaza City, and called for a complete end to such killings.

The draft expressed the Council's grave concern at the continued deterioration of the situation on the ground in the occupied Palestinian territory, including East Jerusalem, as a result of the escalation of violence and attacks, and condemned all terrorist attacks against any civilians as well as all acts of violence and destruction.

The draft also called on all sides to immediately undertake an unconditional cessation of acts of violence, including all acts of terrorism, provocation, incitement and destruction.

In a related provision, the Council would have called for the end to all illegal measures and practices and for respect for and adherence to international humanitarian law. Both parties would have been called on to fulfil their obligations under the Road Map and to work with the Quartet to implement it, in order to achieve the vision of the two States living side-by-side in peace and security.

The Road Map is a plan sponsored by the UN, European Union, Russian Federation and United States that calls for a series of parallel and reciprocal steps leading to two States living side by side in peace by 2005.

Mr. President,

1. Since the 27 January briefing, efforts to bring about Israeli-Palestinian negotiations have continued. A proposal from US Envoy Mitchell to the parties to begin indirect talks with US mediation is currently under serious consideration. Israel has indicated its readiness to work on this basis, while President Abbas has been engaged in intensive consultations and sought clarifications. The Secretary-General hopes that President Abbas will move forward on the basis of this practical proposal so that serious talks can begin. He notes Prime Minister Netanyahu’s stated commitment to a two State solution, although confusion as to the government’s intentions arises from statements by various government officials.

2. We continue to stress the importance of doing everything possible to ensure that negotiations lead in a clear timeframe to an agreement resolving all final status issues, including Jerusalem, borders, refugees, security, settlements and water. We believe that the international consensus on what it takes to reach a sustainable agreement is strong, and that an active Quartet will be vital to support the process.

3. The Israeli government’s partial restraint on settlement construction in the West Bank, excluding East Jerusalem, remains in effect, and has led to a slowdown of construction activity. However, violations of the restraint orders have been identified by the Israeli authorities in at least 29 settlements, with the Defence Ministry stating that it is issuing demolition and stop work orders against violators. While the Israeli government’s settlement restraint constitutes at a step beyond previous positions, settlements are illegal – and continued settlement activity violates Israel’s Roadmap obligations and prejudges the outcome of negotiations. We therefore urge additional measures to enforce the restraint. We also urge its extension into a comprehensive freeze, including in East Jerusalem, as well as its continuation beyond the current ten month period.

4. There were no demolitions of Palestinian homes or evictions in East Jerusalem during the reporting period, a positive development which we hope will continue. We continue to call for the re-opening of Palestinian institutions in East Jerusalem in accordance with Roadmap obligations. The status of Jerusalem is to be determined through negotiations, and we believe that a way must be found through negotiations for Jerusalem to emerge as the capital of two States.

5. The Palestinian Authority’s efforts to meet its Roadmap obligations to combat terrorism have continued in the West Bank, reflecting impressive achievements in reform, professionalization, and performance. It is important that the Palestinian Authority leadership continues to speak out against violence and incitement. On 10 February an Israeli soldier was killed by a knife attack. The incident was condemned by Palestinian Prime Minister Fayyad.

6. There were 79 Israeli army incursions into West Bank towns and villages in response to alleged security threats. Nearly 500 Palestinians were arrested. On 12 February, Israeli security forces shot and killed a Palestinian for attempting to stab a soldier in Hebron, while 41 other Palestinians were injured in IDF actions. Israeli security forces also carried out extensive operations in Shuafat refugee camp in East Jerusalem between 8 and 10 February.

7. Palestinian, Israeli and foreign protesters continued demonstrating against the barrier where it is being constructed within the West Bank in contravention of the Advisory Opinion of the International Court of Justice. There have been raids into Ramallah against individuals and organizations involved in protests. In a positive action, we note that Israel began work on 10 February to reroute a section of the barrier around the village of Bil’in to implement a 2007 Israeli High Court order, which is expected to return 700,000 square meters of arable land to the village, while leaving approximately 150,000 square meters west of the barrier.

8. We are also concerned at continued settler violence. There have been 8 reported attacks by settlers on Palestinians, including on 9 February when settlers shot and injured a Palestinian teenager.

9. We note legitimate Israeli and Palestinian security concerns. Sustainable security will best be achieved by intensified cooperation, continued empowerment of PA security efforts and PA performance, curtailment of IDF incursions into Palestinian areas, full respect for legitimate non-violent protest, Israeli action to curb settler violence, Palestinian action against incitement, and progress in both political negotiations and economic development.

10. OCHA recorded the removal of 24 closure obstacles throughout the Hebron governorate, continuing the gradual easing of Palestinian movement in areas to the east of the Barrier. However, as of 16 February, 550 obstacles to movement remain in place throughout the West Bank, of which 89 are permanently and partially staffed checkpoints. The Israeli government recently allowed tourist buses to use the Jalameh vehicle crossing from northern Israel into the West Bank, with the aim of boosting the Palestinian tourism sector. The Israeli government is encouraged to continue to facilitate this access, and to take more far-reaching measures as well.

11. The important work of Palestinian state-building through institutional reform and development is continuing. However, the recurrent financing requirements facing the Palestinian Authority are still substantial, projected at about $1.2 billion in 2010, despite reduced spending on wages and subsidies. We encourage donors to channel their assistance, first and foremost through the Single Treasury Account, and to support the priorities articulated by the Palestinian Authority for 2010. We welcome recent transfers and pledges and also strongly encourage those donors who have not yet done so to frontload financial support, to allow for greater predictability. We also stress the importance of applying accepted principles of aid effectiveness to ensure better targeting and maximize program impact.

Mr. President,

12. On 8 February the Palestinian Cabinet called for local elections to be held on 17 July 2010, in accordance with the local election law for all 335 municipal councils in the West Bank and Gaza. The Palestinian Central Election Commission is planning to start registering voters on 6 March. We take this opportunity to urge Hamas to respond positively to this important part of the democratic process.

13. Senior Fateh and independent figures visited Gaza during the reporting period in an effort to ease tensions and promote reconciliation. Other factions in the Gaza Strip have also been active in this direction, and an Arab parliamentary group visited the Strip on 15 and 16 February. However, to date, there has been no further progress in finalizing an agreement based on Egypt’s proposal.

14. It is deeply regrettable that there has been no breakthrough on a prisoner exchange to secure the release of Corporal Shalit and Palestinian prisoners, despite intensive efforts in recent months.

15. While the Hamas de facto authorities are reportedly exerting efforts to prevent the launching of rockets at Israel, 19 projectiles were fired from Gaza and 11 reached southern Israel during this reporting period, with no damages or injuries reported. Three barrels of explosives washed up on Israeli beaches between 1 and 3 February, with a further two detonating at sea. There was an IED attack on a convoy of ICRC vehicles on 4 February which damaged one vehicle, and two other IED attacks, reportedly by Salafist elements, killing one Hamas militant and injuring four others. One Palestinian was killed in an Israeli air strike, and 7 others were injured in IDF incursions and operations. We continue to condemn rocket fire and call for its cessation, and on all parties to maintain calm and strictly observe international humanitarian law.

16. We continue to receive reports of smuggling of weapons supplied from within the region. Egypt is maintaining its efforts as all states are called on to do in Security Council resolution 1860. Egypt is also seizing explosives and installing metal sheeting in areas along its border with Gaza. These efforts further underscore the vital importance of the opening of all legitimate crossings for imports and exports as envisaged in the 2005 Movement and Access Agreement and in resolution 1860.

17. The Israeli closure of Gaza remains in place. This counter-productive policy is empowering smugglers and militants, destroying legitimate commerce, and causing unacceptable hardship for the civilian population, more than half of whom are children.

18. During the reporting period, food and hygiene products comprised 84% of imports, and a weekly average of 561 trucks entered the Strip – slightly more than the previous reporting period, but far short of the weekly average of 2,087 trucks before the Hamas takeover in June 2007. Cooking gas supplies met only 48% of estimated weekly needs during the reporting period. We take positive note of the entry of a slightly wider range of materials, such as glass, electricity spare parts, and one elevator for a maternity hospital. The first phase of the Northern Gaza wastewater treatment plant project was completed in late January. We also note that the export of cut flowers and strawberries continued.

19. However, the scale and quantity of goods entering Gaza through the Israeli crossings, as well as the level of exports, remains far short of requirements. Sufficient materials to re-start civilian reconstruction are still not entering Gaza through the Israeli crossings. We again express our disappointment that there has been no satisfactory Israeli response to the UN’s proposal to complete stalled projects for housing, schools and health facilities. We also continue to be concerned about fuel shortages at the Gaza power plant as a result of funding shortfalls and technical failures, leading to rolling blackouts.

Mr. President,

20. Turning to the regional situation, we deplore the heightened and belligerent rhetoric during the reporting period and call for its cessation.

21. We continue to support all efforts to revive the Israeli-Syrian track and a broader resolution to the Arab-Israeli conflict as envisaged in Security Council resolutions and the Arab Peace Initiative. The situation in the occupied Syrian Golan remained calm despite continued settlement activity.

22. In Lebanon, on 14 February, a large rally took place in Beirut to commemorate the fifth anniversary of the assassination of former Prime Minister Rafiq Hariri and 22 others. On that occasion, leaders of the 14 March coalition commemorated Mr. Hariri’s contribution to Lebanon’s development and reaffirmed their determination to establish the truth behind his murder. Prime Minister Saad Hariri emphasized the importance of national unity and Lebanon’s role with regard to inter-Arab reconciliation. In a statement, the Secretary-General said that he stood with the people of Lebanon, and he reaffirmed the commitment of the United Nations to the efforts of the Special Tribunal for Lebanon.

23. On 15 February clashes between members of radical Islamist movements and members of Fatah broke out in the Palestinian refugee camp of Ain el Hilweh, near Saida. At least one person was killed as a result of the fighting before calm was restored to the camp. This incident disrupted an otherwise generally calm situation in the camps.

24. Even as progress is being made in the reconstruction of the Nahr el Bared refugee camp, funding remains a major concern. The United Nations urges the international community to renew its financial support to the reconstruction of Nahr el Bared so that progress can be sustained.

25. The situation in the area of operations of UNIFIL remains quiet. On 31 January 2009, the IDF apprehended a 17-year old Lebanese shepherd in the vicinity of Kafr Shouba, alleging he had crossed south of the Blue Line. On 1 February, the civilian was handed over to UNIFIL who, in turn, handed him to the Lebanese authorities. An investigation is ongoing into the incident.

26. Israeli overflights have continued on an almost daily basis, with a marked increase on several days in early February.

Mr. President,

27. We remain deeply concerned at the current stalemate. We call for the resumption of talks on final status issues, implementation of Roadmap commitments, continued efforts to improve economic and security conditions, and a different and more positive approach to Gaza. We remain committed to an end to the occupation that began in 1967 and an end to the conflict, through the creation of an independent Palestinian State living side-by-side with Israel in peace and security, and comprehensive regional peace, in accordance with Security Council resolutions, previous agreements, the Roadmap, and the Arab Peace Initiative.

Thank you Mr. President.

To View The Brief as PDF (32 KB)

United Nations General Assembly A/59/L.39 24 November 2004

Fifty-ninth session Agenda item 36 The situation in the Middle East

Algeria, Bahrain, Bangladesh, Comoros, Cuba, Djibouti, Egypt, Guinea, Indonesia, Iraq, Jordan, Kuwait, Lao People's Democratic Republic, Malaysia, Mauritania, Morocco, Namibia, Oman, Qatar, Saudi Arabia, Senegal, Somalia, Sudan, Tunisia, United Arab Emirates, Yemen and Palestine:

Draft resolution: Jerusalem

The General Assembly,

Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem,

Recalling also its resolution 36/120 E of 10 December 1981 and all subsequent resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling further Security Council resolutions relevant to Jerusalem, including resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City,

Taking into account the Advisory Opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,1

Expressing its grave concern at any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions,

Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter,

Having considered the report of the Secretary-General, 2

1. Reiterates its determination that any actions taken by Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980), and calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;
3. Stresses that a comprehensive, just and lasting solution to the question of the City of Jerusalem should take into account the legitimate concerns of both the Palestinian and Israeli sides and should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by the people of all religions and nationalities;
4. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution

ORIGINAL: English

Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem

Guided by the principles enshrined in the Charter of the United Nations,

Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,

Recalling General Assembly resolution 2625 (XXV) of 24 October 1970, on the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Reaffirming the illegality of any territorial acquisition resulting from the threat or use of force,

Recalling the Regulations annexed to the Hague Convention respecting the Laws and Customs of War on Land, of 1907,

Recalling also the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and relevant provisions of customary law, including those codified in Protocol 1 Additional to the four Geneva Conventions,

Recalling further the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child,

Reaffirming the permanent responsibility of the United Nations towards the question of Palestine until it is resolved in all aspects in a satisfactory matter on the basis of international legitimacy,

Recalling also relevant Security Council resolutions including 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 904 (1994) of 18 March 1994, 1073 (1996) of 28 September 1996, 1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003, and 1544 (2004) of 19 May 2004,

Recalling its resolutions of the tenth emergency special session on illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory,

Reaffirming the most recent resolution of the fifty-eighth session of the General Assembly, 58/292 of 17 May 2004, on the Status of the Occupied Palestinian Territory, including East Jerusalem,

Reaffirming the right of the Palestinian people to self-determination, including their right to their independent State of Palestine,

Reaffirming also the commitment to the two-State solution of Israel and Palestine, living side by side in peace and security within recognized borders, based on the pre-1967 borders,

Condemning all acts of violence, terrorism and destruction,

Recalling its resolution ES-10/13 of 21 October 2003, in which it demanded that Israel stop and reverse the construction of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem,

Recalling also its resolution ES-10/14 of 8 December 2003, in which the Assembly requested the International Court of Justice to urgently render an advisory opinion on the following question:

What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?,

Having received with respect the advisory opinion of the International Court of Justice on the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory", rendered on 9 July 2004,

Noting in particular that the Court replied to the question put forth by the General Assembly in resolution ES-10/14 as follows:

A. "The construction of the Wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law;

B. Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the Wall being built in the Occupied Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion;

C. Israel is under an obligation to make reparation for all damage caused by the construction of the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem;
D. All States are under an obligation not to recognize the illegal situation resulting from the construction of the Wall and not to render aid or assistance in maintaining the situation created by such construction; all States Parties to the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention;

E. The United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall and the associated regime, taking due account of the present Advisory Opinion."

Noting that the Court concluded that "the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law",

Noting also the statement made by the Court that "Israel and Palestine are under an obligation scrupulously to observe the rules of international humanitarian law, one of the paramount purposes of which is to protect civilian life", and that "in the Court's view, this tragic situation can be brought to an end only through implementation in good faith of all relevant Security Council resolutions, in particular resolutions 242 (1967) and 338 (1973)",

Considering that respect for the International Court of Justice and its functions is essential to the rule of law and reason in international affairs,

1. Acknowledges the advisory opinion of the International Court of Justice of 9 July 2004 on the legal consequences of the construction of a Wall in the Occupied Palestinian Territory, including in and around East Jerusalem;
2. Demands that Israel, the occupying Power, comply with its legal obligations as identified in the advisory opinion;

3. Demands that all Member States of the United Nations comply with their legal obligations as identified in the advisory opinion;

4. Requests the Secretary-General of the United Nations to establish a register of damage caused to all the natural or legal persons concerned in connection with paragraphs 152 and 153 of the Advisory Opinion;

5. Decides to reconvene to assess the implementation of this resolution with the aim of ending the illegal situation resulting from the construction of the wall and its associated regime in the Occupied Palestinian Territory, including East Jerusalem;

6. Calls on both the Government of Israel and the Palestinian Authority to immediately implement their obligations under the Road Map in cooperation with the Quartet, endorsed by Security Council resolution 1515 (2003), to achieve the vision of two States living side by side in peace and security, and emphasizes that both Israel and the Palestinian Authority are under an obligation scrupulously to observe the rules of international humanitarian law;

7. Calls upon all States Parties to the Fourth Geneva Convention of 1949 to ensure compliance by Israel with the Convention, and invites Switzerland, in its capacity as the depositary of the Geneva Conventions, to conduct consultations and to report to the General Assembly on the matter, including with regard to the possibility of resuming the Conference of High Contracting Parties to the Fourth Geneva Convention;

8. Decides to adjourn the tenth emergency special session temporarily and to authorize the President of the General Assembly at its most recent session to resume its meeting upon request from Member States.

UNITED NATIONS -- Following is the full text of UN Security Council Resolution 1701 on the Israel-Hezbollah war:
"The Security Council,

"PP1. Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978), 426 (1978), 520 (1982), 1559 (2004), 1655 (2006), 1680 (2006) and 1697 (2006), as well as the statements of its president on the situation in Lebanon, in particular the statements of 18 June, 2000, of 19 October, 2004, of 4 May 2005, of 23 January 2006 and of 30 July 2006;

"PP2. Expressing its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons;

"PP3. Emphasizing the need for an end of violence, but at the same time emphasizing the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers;

"PP4: Mindful of the sensitivity of the issue of prisoners and encouraging the efforts aimed at urgently settling the issue of the Lebanese prisoners detained in Israel;

"PP5. Welcoming the efforts of the Lebanese prime minister and the commitment of the government of Lebanon, in its seven-point plan, to extend its authority over its territory, through its own legitimate armed forces, such that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon, welcoming also its commitment to a UN force that is supplemented and enhanced in numbers, equipment, mandate and scope of operation, and bearing in mind its request in this plan for an immediate withdrawal of the Israeli forces from Southern Lebanon;

"PP6. Determined to act for this withdrawal to happen at the earliest;

"PP7. Taking due note of the proposals made in the seven-point plan regarding the Shebaa farms area;

"PP8. Welcoming the unanimous decision by the government of Lebanon on 7 August 2006 to deploy a Lebanese armed force of 15,000 troops in south Lebanon as the Israeli army withdraws behind the Blue Line and to request the assistance of additional forces from UNIFIL as needed, to facilitate the entry of the Lebanese armed forces into the region and to restate its intention to strengthen the Lebanese armed forces with material as needed to enable it to perform its duties;

"PP9. Aware of its responsibilities to help secure a permanent ceasefire and a long-term solution to the conflict;

"PP10. Determining that the situation in Lebanon constitutes a threat to international peace and security;

"OP1. Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations;

"OP2. Upon full cessation of hostilities, calls upon the government of Lebanon and UNIFIL as authorized by paragraph 11 to deploy their forces together throughout the South and calls upon the government of Israel, as that deployment begins, to withdraw all of its forces from southern Lebanon in parallel;

"OP3. Emphasizes the importance of the extension of the control of the government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty, so that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon;

"OP4. Reiterates its strong support for full respect for the Blue Line;

"OP5. Also reiterates its strong support, as recalled in all its previous relevant resolutions, for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949;

"OP6. Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the government of Lebanon, reopening airports and harbors, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;

"OP7. Affirms that all parties are responsible for ensuring that no action is taken contrary to paragraph 1 that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, including safe passage for humanitarian convoys, or the voluntary and safe return of displaced persons, and calls on all parties to comply with this responsibility and to cooperate with the Security Council;

"OP8. Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:

• full respect for the Blue Line by both parties;
• security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the government of Lebanon and of UNIFIL as authorized in paragraph 11, deployed in this area;
• full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;
• no foreign forces in Lebanon without the consent of its government;
• no sales or supply of arms and related materiel to Lebanon except as authorized by its government;
• provision to the United Nations of all remaining maps of land mines in Lebanon in Israel's possession;

"OP9. Invites the secretary general to support efforts to secure as soon as possible agreements in principle from the government of Lebanon and the government of Israel to the principles and elements for a long-term solution as set forth in paragraph 8, and expresses its intention to be actively involved;

"OP10. Requests the secretary general to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Shebaa farms area, and to present to the Security Council those proposals within 30 days;

"OP11. Decides, in order to supplement and enhance the force in numbers, equipment, mandate and scope of operations, to authorize an increase in the force strength of UNIFIL to a maximum of 15,000 troops, and that the force shall, in addition to carrying out its mandate under resolutions 425 and 426 (1978):

1. Monitor the cessation of hostilities;
2. Accompany and support the Lebanese armed forces as they deploy throughout the South, including along the Blue Line, as Israel withdraws its armed forces from Lebanon as provided in paragraph 2;
3. Coordinate its activities related to paragraph 11 (b) with the government of Lebanon and the Government of Israel;
4. Extend its assistance to help ensure humanitarian access to civilian populations and the voluntary and safe return of displaced persons;
5. Assist the Lebanese armed forces in taking steps towards the establishment of the area as referred to in paragraph 8;
6. Assist the government of Lebanon, at its request, to implement paragraph 14;

"OP12. Acting in support of a request from the government of Lebanon to deploy an international force to assist it to exercise its authority throughout the territory, authorizes UNIFIL to take all necessary action in areas of deployment of its forces and as it deems within its capabilities, to ensure that its area of operations is not utilized for hostile activities of any kind, to resist attempts by forceful means to prevent it from discharging its duties under the mandate of the Security Council, and to protect United Nations personnel, facilities, installations and equipment, ensure the security and freedom of movement of United Nations personnel, humanitarian workers, and, without prejudice to the responsibility of the government of Lebanon, to protect civilians under imminent threat of physical violence;

"OP13. Requests the secretary general urgently to put in place measures to ensure UNIFIL is able to carry out the functions envisaged in this resolution, urges member states to consider making appropriate contributions to UNIFIL and to respond positively to requests for assistance from the Force, and expresses its strong appreciation to those who have contributed to UNIFIL in the past;

"OP14. Calls upon the government of Lebanon to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel and requests UNIFIL as authorized in paragraph 11 to assist the government of Lebanon at its request;

"OP15. Decides further that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft;

1. the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and;
2. the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorized by the government of Lebanon or by UNIFIL as authorized in paragraph 11;

"OP16. Decides to extend the mandate of UNIFIL until 31 August 2007, and expresses its intention to consider in a later resolution further enhancements to the mandate and other steps to contribute to the implementation of a permanent ceasefire and a long-term solution;

"OP17. Requests the secretary general to report to the Council within one week on the implementation of this resolution and subsequently on a regular basis;

"OP18. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973;

"OP19. Decides to remain actively seized of the matter.

The text of a UN Security Council draft resolution aimed at ending the conflict between Israel and Hezbollah in Lebanon.

Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978), 426 (1978), 520 (1982), 1559 (2004), 1655 (2006) and 1680 (2006), as well as the statements of its President on the situation in Lebanon, in particular the statements of 18 June 2000 (S/PRST/2000/21), of 19

October 2004 (S/PRST/2004/36), of 4 May 2005 (S/PRST/2005/17) of 23 January 2006 (S/PRST/2006/3) and of 30 July 2006 (S/PRST/2006/35),

Expressing its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons,

Emphasising the need for an end of violence, but at the same time emphasizing the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers,

Mindful of the sensitivity of the issue of prisoners and encouraging the efforts aimed at settling the issue of the Lebanese prisoners detained in Israel,

1. Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations;

2. Reiterates its strong support for full respect for the Blue Line;

3. Also reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949;

4. Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbours for verifiably and purely civilian purposes, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;

5. Emphasizes the importance of the extension of the control of the Government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty and authority;

6. Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:
   • strict respect by all parties for the sovereignty and territorial integrity of Israel and Lebanon;

   • full respect for the Blue Line by both parties;

   • delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including in the Chebaa farms area;

   • security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the Lebanese armed and security forces and of UN mandated international forces deployed in this area;

   • full implementation of the relevant provisions of the Taif Accords and of resolutions 1559 (2004) and 1680 (2006) that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;

   • deployment of an international force in Lebanon, consistent with paragraph 10 below;

   • establishment of an international embargo on the sale or supply of arms and related material to Lebanon except as authorized by its government;

   • elimination of foreign forces in Lebanon without the consent of its government;

   • provision to the United Nations of remaining maps of land mines in Lebanon in Israel's possession;

7. Invites the Secretary General to support efforts to secure agreements in principle from the Government of Lebanon and the Government of Israel to the principles and elements for a long-term solution as set forth in paragraph 6 above;

8. Requests the Secretary General to develop, in liaison with key international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Chebaa farms, and to present those proposals to the Security Council within thirty days;

9. Calls on all parties to cooperate during this period with the Security Council and to refrain from any action contrary to paragraph 1 above that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, or the safe return of displaced persons, and requests the Secretary General to keep the Council informed in this regard;

10. Expresses its intention, upon confirmation to the Security Council that the Government of Lebanon and the Government of Israel have agreed in principle to the principles and elements for a long-term solution as set forth in paragraph 6 above, and subject to their approval, to authorize in a further resolution under Chapter VII of the Charter the deployment of a UN mandated international force to support the Lebanese armed forces and government in providing a secure environment and contribute to the implementation of a permanent ceasefire and a long-term solution;

11. Requests UNIFIL, upon cessation of hostilities, to monitor its implementation and to extend its assistance to help ensure humanitarian access to civilian populations and the safe return of displaced persons;

12. Calls upon the Government of Lebanon to ensure arms or related materiel are not imported into Lebanon without its consent and requests UNIFIL, conditions permitting, to assist the Government of Lebanon at its request;

13. Requests the Secretary-General to report to the Council within one week on the implementation of this resolution and to provide any relevant information in light of the Councils intention to adopt, consistent with paragraph 10 above, a further resolution;

14. Decides to remain actively seized of the matter.

Parties Cannot Succeed if Left to Themselves, He Says, Citing Drift, Foreboding, Pessimism about Prospects for Peace

SC/8222 Security Council 5060th Meeting (AM)

Calling for a more vigorous international engagement in the Middle East as an indispensable ingredient in ending the violence and bringing fresh hope for peace, Kieran Prendergast, Under-Secretary-General for Political Affairs, told the Security Council this morning that he had painfully little that was positive to report on the situation and much that was negative.

Briefing the Council on the situation in the Middle East, including the Palestinian question, he said it had been heard from many quarters that the time had come for a renewed peace effort, but that the parties to the conflict could not succeed if left to themselves. Violence, not negotiation, continued to be the all-too-frequent mode of communication, and there was a palpable sense of drift and foreboding. That stemmed from an equally pervasive sense of pessimism about the prospects for peace, coupled with frustration because the basis of a settlement –- the two-State solution -– was well established and enjoyed strong support among both the Israeli and Palestinian publics.

Describing the statistics as staggering, he said that since his last briefing to the Council, just over a month ago, 206 Palestinians and 13 Israelis had been killed, and approximately 1,033 Palestinians and 62 Israelis injured. The number of Palestinians killed since September 2000 was now 3,839, and that of Israelis totalled 979. An estimated 36,433 Palestinians and 6,297 Israelis had been injured since the eruption of the intifada.

Even to speak in terms of a peace process seemed to put one at a distance from present reality, he said. Yet the conflict between Israelis and Palestinians could be settled only through negotiations between the parties, in the continued absence of which the Road Map offered the only way forward. Its implementation would help both parties to find their way back to the negotiating table.

However, he said, the Israeli Government had still not implemented its obligation to dismantle settlement outposts erected since March 2001 and to impose a settlement freeze, including natural growth, in full consistency with the Road Map and the Mitchell Report. He called on Israel to meet its obligations under international law and the Road Map.

For its part, he said, the Palestinian Authority needed to take genuine, determined and sustained action to ensure that an empowered Prime Minister and cabinet could fulfil Palestinian obligations under the Road Map, particularly in regard to ending violence and terrorism and reforming its security forces. He reiterated the call on President Yasser Arafat to move forward with the much-needed reforms.

The meeting began at 10:15 a.m. and adjourned at 10:38 a.m.

Detailed Briefing Summary

Kieran Prendergast, Under-Secretary-General for Political Affairs, said it was painful to have to say yet again that there had been little positive and much that was negative to report to the Council this month. Violence, not negotiation, continued to be the all-too-frequent mode of communication in the Middle East. There was a palpable sense of drift and foreboding; in the case of the occupied Palestinian territory, of drift towards chaos. Neither side was fulfilling its obligations under the Road Map.

He said that the major Israeli military operation in the Gaza Strip had resulted in the deaths of large numbers of Palestinians, including civilians and children. The Secretary-General had expressed his deep concern over those deaths and had reminded Israel that it must act in keeping with its obligations under international humanitarian law. The terrorist attacks at Taba, Egypt, on the evening of 7 October had been breaches of the peace in a place hitherto known as a haven for coexistence and tourism. The casualties reflected the diversity of nationalities mingling at Taba –- at least 13 Israelis, six Egyptians, and six Russian and Italian tourists killed in the triple bombing.

Since his last briefing to the Council just over a month ago, he noted, 206 Palestinians and 13 Israelis had been killed, and approximately 1,033 Palestinians and 62 Israelis injured. The number of Palestinians killed since September 2000 was now 3,839. A total of 979 Israelis had been killed over the same period. An estimated 36,433 Palestinians and 6,297 Israelis had been injured since the eruption of the intifada. Those staggering statistics ought to give everyone food for thought. Was there not a better way? he asked.

Violence in and around the Gaza Strip had escalated sharply during the reporting period, he said. On 29 September, Qassam rockets fired from Gaza at the town of Sderot inside Israel had killed two children aged two and four. Throughout the past month, Palestinian militants had continued to fire Qassam rockets at Sderot, causing minor injuries, as well as damage to homes and infrastructure. The Palestinian Authority must make all efforts to stop such attacks against Israeli civilians. In that context, on 30 September, Israel had launched a major military operation in the northern Gaza Strip.

Recalling that a large contingent of Israeli troops had entered Beit Lahiya, Beit Hanoun, and the Jabaliya refugee camp, he said that on 30 September alone, at least 35 Palestinians had been killed. Seventy-two Palestinians, ranging in age from 10 to 60, had been wounded by gunfire in the Jabaliya camp that day, according to hospital officials. By 15 October, when Israeli troops started redeploying, 135 Palestinians had been killed in Gaza, 114 of them in the northern part of the Strip. Some 512 Palestinians had been injured, 431 of them in northern Gaza. During the operation, on average, eight Palestinians were killed every day and 30 injured. Many of the victims had been civilians, a number of them children –- at least 34 children had been reported dead by 15 October.

He said that approximately 170 children aged 18 or under had been injured. On 5 October, a 13-year-old girl had died, close to her school, hit by 20 bullets. On 12 October, an 11-year-old Palestinian girl had been shot and mortally injured in a school run by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), in an incident reminiscent of last month's events when a 10-year-old girl had been shot in an UNRWA school classroom, also dying later from her injuries. He reiterated his call on the Government of Israel to respect its legal obligations to ensure the safety of Palestinian civilians and to refrain from the disproportionate use of force.

He said he also continued to be gravely concerned at the extensive destruction of civilian property, infrastructure and agricultural land in the northern Gaza Strip during the operation. Such destruction raised, yet again, concerns about collective punishment and helped to fuel the bloodshed. Israel had carried out a number of targeted assassinations over the past month, and the Israeli human rights group B'Tselem estimated that even before those latest extrajudicial killings, more than 150 militants had been killed in targeted assassinations by Israel since September 2000. More than 100 bystanders had been killed in such strikes. He repeated his call on the Government of Israel to halt immediately the illegal practice of extrajudicial killings and to refrain from such use of force in densely populated areas, where there was a high risk of so-called collateral damage.

At the same time, he urged the Palestinian Authority to take decisive steps to quell the terror emanating from territory under its control. On 22 September, two Israeli border policemen had been killed and some 15 Israelis wounded when an 18-year-old suicide bomber detonated her explosives at a busy stop in northern Jerusalem. The Palestinian Authority must bring to justice those implicated in terrorist attacks and fulfil its obligations under the Road Map, as well as under international law, to do its utmost to prevent such attacks. Over the past month, there had been further violence and bloodshed in the West Bank, as well. Of particular concern had been the growing number of violent acts committed by Israeli settlers. He called on the Israeli Government to exert its legal authority over Israeli settlers and bring to justice those who committed crimes against Palestinians and civilians from third countries.

United Nations agencies continued to be severely affected in their operations by Israeli restrictions on movement, he said. During the reporting period, UNRWA had been forced to suspend many of its normal operations, including the resumption of much-needed emergency food aid in the Gaza Strip. With few exceptions, since 21 September, Israeli forces had denied United Nations personnel secure and unimpeded access into Gaza, hindering the effective delivery of humanitarian aid. He reiterated his call on the Israeli Government to guarantee United Nations personnel freedom of movement and to ensure unrestricted access and free movement of humanitarian goods and personnel into and throughout the Gaza Strip.

Noting that Palestinian civilians suffered most under the movement restrictions, he said that the full closure imposed by the Israeli authorities on the West Bank and Gaza Strip on 8 September for the Jewish high holidays remained in effect today, with no Palestinian movement at all between the occupied Palestinian territory and Israel. In addition, Palestinian men between 16 and 35 years of age continued to be forbidden to use the Rafah terminal to Egypt –- the only passage for Gazans needing to travel outside the Gaza Strip -– even if they had medical documentation referring them for necessary treatment abroad.

He said that the Palestinian economy remained in tatters, and that since its revitalization was crucial for the future, that remained a primary concern of the donor community, which was planning to meet later this year to discuss how best to support that economy. Movement restrictions had increased substantially during 2004, and unemployment remained high both in Gaza and the West Bank. Poverty was predicted to rise further, while food security, health standards, quality of water and sanitation and education standards had all deteriorated.

Israel continued its policies of demolishing houses, with 166 homes destroyed since the last briefing, and of confiscating and/or levelling Palestinian land for the construction of the barrier, he said. That construction had continued, especially around Jerusalem. He reiterated his call on Israel to abide by its legal obligations as set forth in the advisory opinion of the International Court of Justice and General Assembly resolution ES-10/15, which had acknowledged the opinion and demanded that Israel comply with its legal obligations.

He said that the Secretary-General would, within the week, send to the Assembly President a letter outlining the structure and planned activities of the register of damages caused by the construction of the barrier, as called for in resolution ES-10/15. His aim would be to establish, as soon as possible, a body that would be able to examine requests and eligibility for registration, as well as to verify the facts and extent of damage and of the causal link between the construction of the barrier and the damage sustained.

Even to speak in terms of a peace process seemed to put one at a distance from present reality, he said. Yet, the conflict between Israelis and Palestinians could be settled only through negotiations between the parties. In the continued absence of such negotiations, the Road Map offered the only way forward. Implementation of the Road Map would help both parties to find their way back to the negotiating table at long last.

"Here too I can offer no comfort to the Council", he said. The Israeli Government had still not implemented its obligation to dismantle settlement outposts erected since March 2001 and to impose a settlement freeze, including natural growth, in full consistency with the Road Map and the Mitchell Report. That lack of action was a cause for concern. During 2002 and 2003, West Bank and Gaza Strip settlements received at least twice as much financial aid from the Israeli Interior Ministry as did other Jewish communities. His concerns that the Government's lack of action to freeze settlements were intensified by reports that the first settlement outpost in the Gaza Strip had been recently established, and that the number of new apartments sold in the West Bank and Gaza Strip had risen by more than 20 per cent in the first seven months of 2004, compared to the same period during 2003. He called on Israel to meet her obligations under international law and the Road Map.

For its part, the Palestinian Authority needed to take genuine, determined and sustained action to ensure that an empowered Prime Minister and cabinet could fulfil Palestinian obligations under the Road Map, in particular as regards an end to violence and terrorism and the reform of security forces. Internal unrest continued in the occupied Palestinian territory. On 12 October, Military Intelligence Chief Moussa Arafat had escaped unharmed from a car bombing against his convoy in Gaza. On 18 October, six security officials had been injured. The growing number of incidents indicated that militants were increasingly bold in challenging the Palestinian Authority.

Reiterating the call on President Arafat to move forward on the implementation of much-needed reforms, he said reform was needed not only in the security services, but also in other fields where reform legislation was awaiting approval by the President. In that context, he continued to support the steps to prepare for Palestinian elections. The voter registration effort had recently ended, after having been extended due to low voter turnout and Israeli military operations. By 13 October, a total of some 64.7 per cent of eligible voters in the West Bank and Gaza Strip, not including East Jerusalem, had registered.

Regrettably, Israeli movement restrictions had prevented the Central Election Commission from bringing the completed registration rolls from Gaza to its headquarters in the West Bank safely and without interference, he said. He urged Israel and the Palestinian Authority to cooperate towards the goal of conducting a free and credible electoral process.

At the convening of the Knesset for its winter session, Prime Minister Sharon had stated that Israel adhered to its support of the Road Map. He hoped that that unequivocal statement and not earlier reported remarks with very different connotations represented Israeli policy. Mr. Sharon's withdrawal initiative was now scheduled to enter the legislative process in the Knesset on 25 October, with the first reading of the related bill on the compensation package of evacuated settlers to follow on 3 November.

The manner and context in which the Israeli pullout from Gaza and the northern West Bank took place were extremely important, he said. Withdrawal from Gaza should be full and complete and should be undertaken in a matter consistent with the Road Map. If those requirements were met, withdrawal could be a useful step towards an end to the Israeli occupation that began in 1967, by means of direct negotiations between the parties leading to the goal of two States, Israel and a sovereign, independent, viable, democratic and territorially contiguous Palestine, living side by side in peace and security. That remained the goal. He urged the Government of Israel and the Palestinian Authority to coordinate closely on preparation and implementation of the withdrawal initiative.

Turning to the situation in southern Lebanon, he said a relative calm had prevailed along the Blue Line for just over three months. The only serious violations during the period had come in the form of Israeli overflights. He called on the Government of Israel to cease violations of the Blue Line.

Despite the overall calm, certain events had served as a reminder of the continuing potential for instability, he said. Within the area of operation of the United Nations Interim Force in Lebanon (UNIFIL), on 9 September, according to Lebanese security sources, unidentified armed elements fired one rocket from the Yaroun valley area in the general direction of Israel. The rocket, which had apparently malfunctioned, had landed well on the Lebanese side of the Blue Line. Lebanese authorities had arrested the armed elements in question, who were reported to have had another two rockets in their possession. He commended the quick action by Lebanon's Government and urged it to exert full control over the use of force on its entire territory, and to prevent all attacks from Lebanon across the Blue Line.

He said he regretted to report again that no progress had been achieved on the Syrian-Israeli track. President Bashar al-Assad had stated on a number of occasions that he stood ready to re-engage in peace negotiations with Israel. Little had come of those openings. The resumption and completion of peace negotiations between Israel and Syria and the implementation of resolutions 242 and 338 were indispensable ingredients of a just, lasting and comprehensive peace in the Middle East.

At the start of the briefing, he said, he had spoken of a "palpable sense of drift and foreboding". That stemmed from an equally pervasive sense of pessimism about the prospects in the Middle East, coupled with frustration because the basis of a settlement –- the two-State solution –- was well established and enjoyed strong support among both the Israeli and Palestinian publics. One heard from many quarters that the time had come for a renewed commitment and effort, but that the parties could not succeed if left to themselves. The international community's more vigorous engagement was, therefore, an indispensable ingredient for ending the violence and bringing fresh hope of peace in the Middle East.

Draft Resolution Supported by 11 Members; United States, Exercising Veto, Calls It 'Lopsided' and against Cause of Peace

SC/8207
Security Council 5051st Meeting (PM)

Rejecting a draft resolution in the Security Council today that would have demanded an end to the Israeli military offensive in Gaza, the representative of the United States said the text was "dangerously disingenuous" because of what it failed to say. He added that when the rest of the world "ganged up" on Israel with silence about terrorism, it did not advance the cause of peace.

The draft resolution, tabled by Algeria, Pakistan and Tunisia, was defeated on the negative vote of the United States. Eleven members voted in favour. There were three abstentions (Germany, Romania, United Kingdom). The Council would have called on Israel to ensure the unfettered access and safety of United Nations personnel and all medical and humanitarian aid workers to provide emergency assistance to civilians, and on both parties to immediately implement their obligations under the Road Map.

The United States representative said the "lopsided and unbalanced" draft condemned Israel's military actions in Gaza and criticized what it called "incursions" into the Jabaliya refugee camp. It condemned Israeli acts of "destruction", and it lamented "extensive human casualties" among Palestinians, but it had not mentioned even one of the 450 Qassam rocket attacks launched against Israel over the past two years, or the two Israeli children who were outside playing last week when a rocket suddenly crashed into their young bodies. It did not mention the undisputed fact that Qassam rockets had no military purpose, and were crude, imprecise devices of terror designed to kill civilians. Nor had it mentioned the complete failure of the Palestinian Authority to meet its commitments to establish security among its people, or the legitimate right of Israel to defend itself.

Algeria's representative said it was a sad day for the Palestinian people and the cause of justice. By failing to act, the Council had once again failed the Palestinian people and had confirmed that, when it came to Israel, it was unable to take action. The Council today had caused more frustration, disappointment and despair among the Palestinians and all who considered the Council to be the custodian of international law and the protector of the weak.

Agreeing that the Council had again failed to fulfil its responsibilities under the Charter, Palestine's Permanent Observer to the United Nations said that today 20 bullets riddled the body of a Palestinian child of 13 years of age on her way to school. He had not heard a word about Israeli tanks, bulldozers, military gunships, military jets made in the United States or missiles, and not a word about the destruction of the lives and future of the Palestinian people.

Israel's representative said he was pleased that the draft had not been adopted as it should have never been considered. A text that condemned mechanisms for fighting terrorism instead of terrorism itself distorted the issues at hand, and a resolution that indicted the victims of terror rather than murder was wrong. Israel had the right and duty to defend its citizens from the rain of missiles as long as the Palestinian leadership did nothing to stifle terrorism.

Explanations of vote were also made by the representatives of Brazil, France, Pakistan, Philippines, Chile, Russian Federation, Romania, Spain, China, Germany, and the United Kingdom.

The meeting began at 5:07 p.m. and was adjourned at 5:55 p.m.

Background

The Security Council met this afternoon to consider the situation in the Middle East, including the Palestinian question, for which it had before it a draft resolution submitted by Algeria, Pakistan and Tunisia, as follows:

"The Security Council,

"Reaffirming its previous resolutions, including resolutions 242 (1967), 338 (1973), 446 (1979), 1322 (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435 (2002), 1515 (2003) and 1544 (2004),

"Expressing its grave concern at the continued deterioration of the situation on the ground in the Palestinian territory occupied by Israel since 1967,

"Condemning the broad military incursion and attacks by the Israeli occupying forces in the area of Northern Gaza Strip, including in and around the Jabaliya refugee camp, resulting in extensive human casualties and destruction and exacerbating the dire humanitarian situation,

"Reiterating its call upon Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilians in Time of War of 12 August 1949,

"Recalling the obligations of the Palestinian Authority and the Government of Israel under the Road Map,

"Condemning all acts of violence, terror, excessive and indiscriminate use of force, and physical destruction,

"Reaffirming its support for the Road Map endorsed in its resolution 1515 (2003),

"1. Demands the immediate cessation of all military operations in the area of Northern Gaza and the withdrawal of the Israeli occupying forces from that area;

"2. Reiterates its call for the cessation of violence and for respect of and adherence to legal obligations, including those under international humanitarian law;

"3. Calls on Israel, the occupying Power, to ensure the unfettered access and safety of United Nations personnel and all medical and humanitarian aid workers to provide emergency assistance to the civilian population, and calls for the respect of the inviolability of the facilities of the United Nations agencies in the field, including the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA);

"4. Calls on both parties to immediately implement their obligations under the Road Map and with this goal in mind closely cooperate with the 'Quartet';

"5. Decides to remain seized of the matter."

Action on Draft Resolution

Speaking before the vote on the draft resolution on the Middle East, JOHN DANFORTH (United States) said that, once again, the draft was "lopsided and unbalanced". It was "dangerously disingenuous" because of its many material omissions. Because of that lack of balance, because of those omissions, the text lacked credibility and deserved a "no" vote, both for what it said and then for what it failed to say. The text condemned Israel's military actions in Gaza; it criticized what it called "incursions" into the Jabaliya refugee camp; it condemned Israeli acts of "destruction", and it lamented "extensive human casualties" among Palestinians. It demanded that Israel, as the "occupying Power", withdraw its forces immediately. Those were tough words.

He said the United States had no problem with "tough words", but only when those were accurate and there was balance. The draft did not mention even one of the 450 Qassam rocket attacks launched against Israel over the past two years. It did not mention 200 rockets launched this year alone. It did not mention the two Israeli children who were outside playing last week when a rocket suddenly crashed into their young bodies. It did not mention the undisputed fact that Qassam rockets had no military purpose -- - that those were crude, imprecise devices of terror designed to kill civilians. It did not mention that Hamas took "credit" for killing those Israeli children and maiming many other Israeli civilians -- - calling those deaths and woundings a "victory". It did not mention that the terrorists hid among Palestinian civilians, provoking their deaths, and then used those deaths as fodder for their hatred, lawlessness, and efforts to derail the peace process.

In addition, he went on, the draft did not mention the complete failure of the Palestinian Authority to meet its commitments to establish security among its people. The text did not acknowledge the legitimate need for Israel to defend itself; it was totally lacking in balance. When the rest of the world "ganged up" on Israel with insidious silence about terrorism, it did not advance the cause of peace. It encouraged both sides to dig in; it made Israel feel isolated and backed into a corner, and it discouraged dialogue.

Both sides needed to renounce violence, recommit to the Road Map, and move quickly to establish a Palestinian State. But, until the Palestinians and those claiming to act in their name stopped their use of indiscriminate acts of terror, Israel would likely continue to track down the terrorists wherever those might hide, often with the tragic but unintended result of civilian casualties.

The Security Council should "reverse the incessant stream" of one anti-Israel resolutions after the other, and apply pressure even-handedly, on both sides, to return to the road to peace. The United States would vote "no" on that text.

Proceeding to the vote, the draft resolution was defeated by a vote of 11 in favour to 1 against (United States), with 3 abstentions (Germany, Romania, United Kingdom).

Speaking after the vote, ABDALLAH BAALI (Algeria) regretted that such a balanced and credible text, that had merely called on Israel to end its military operation, had not gained the Council's unanimous endorsement. By failing to take action, the Council was once again failing the Palestinian people and sending the wrong message to the world. It also confirmed that when it came to Israel, the Security Council was unable to take action, let alone under Chapter VII. It also strengthened the impression that the Council was only effective when it dealt with Arab countries, the latest example of which was the prompt adoption of resolution 1559 on Lebanon, although there had been no threat to international peace and security.

He said the Council was causing more frustration, disappointment and despair among the Palestinians and all who considered the Council as the custodian of international law and the protector of the weak. More importantly, it would reinforce the sentiment of impunity among the Israeli leaders who would feel emboldened to pursue and expand their military operations in Gaza and elsewhere. Thanking all who had voted in favour of the draft, he said it was a sad day for the Palestinians and the cause of justice.

RONALDO MOTA SARDENBERG (Brazil) said he had voted in favour of the draft, as his Government strongly deplored the acts of violence carried out on the northern border of Gaza, in particular, the offensive conducted by the Israeli Defence Forces under the code name "Days of Penitence". That incursion had resulted in more than 70 deaths and more than 250 wounded. While expressing his support for the call made by the Secretary-General in his note of 3 October in favour of a ceasefire, he had also hoped that, with the engagement of the international community, the parties involved in the conflict would halt the violence and resume the peace talks under the pattern set forth in the Road Map.

JEAN-MARC DE LA SABLIERE (France) said he had supported the draft calling for the immediate cessation of the Israeli military operations in the north of the Gaza Strip and contained a condemnation of acts of terrorism. It also reaffirmed the need for the speedy implementation of the Road Map. The last two points were essential to France. Also crucial was for the Council to respond rapidly to the deteriorating situation, and he appealed to reason in that regard. He recognized the right of Israel to respond, in the context of international law. He regretted that, once again, the Council had been paralysed on the core issue -- - core to international peace and security.

MUNIR AKRAM (Pakistan) said his delegation had co-sponsored the draft, which sought to address an emergency humanitarian situation arising from the Israeli military incursion that had led to some 80 deaths, including women and children. Apart from its humanitarian dimension, the incursion constituted a violation of international humanitarian law, particularly the Fourth Geneva Convention, warranting Council action under its Charter obligations. Politically, the situation posed a great danger to ongoing peace efforts in the region.

Unfortunately, the Council had not met the expectations of the Palestinians, as well as the wider public opinion in the Muslim world, he added. It also indicated that the Council, in certain situations, was unable to act. Today's inaction would not contribute to the cause of peace and justice in the Middle East. The sense of helplessness among Palestinians would further aggravate an already volatile situation. By not acting, the Council had missed an opportunity to contribute to peace in the Middle East.

BAYANI MERCADO (Philippines), noting that he had supported the draft, reiterated his delegation's concern with the escalating violence in the Middle East and urged both sides to halt the violence. There would be no peace in the Middle East unless the cycle of attack and reprisal stopped on both sides. He appealed to both sides to respect the peace process under the aegis of the Road Map.

CRISTIAN MAQUIEIRA (Chile) said he had voted in favour of the draft, as Chile condemned any act of violence whatever its origin and especially when civilian victims were involved. He recognized Israel's right to protect itself from terrorist acts, as long as they fell within international legality. He appealed for caution and the need to act within the context of international humanitarian law. He also rejected what had been done against the Israeli population. He reminded the parties to protect the civilian population and end the violence. He also appealed for the resumption of negotiations within the context of the Road Map.

ANDREY DENISOV (Russian Federation) said his Foreign Minister today had emphasized in the course of talks that the important thing now was to take urgent steps to put an end to the urgent confrontation. As he himself understood it, the main objective of the draft was to stop the violence, but the text required more balance. He had suggested changes, but those had been taken into account only partially. Nevertheless, he had decided to support the resolution.

MIHNEA IOAN MOTOC (Romania) said he could not support the draft and had abstained in the vote. The text did not reflect amendments, which described fairly the facts and responsibilities on both sides with regard to the recent dramatic events, or their reciprocal obligations to prevent the escalation of violence. He was deeply concerned about the deteriorating security on the ground and the fate of numerous Palestinians suffering from Israeli military incursion. He recognized Israel's right to defend its citizens, but that could be exercised only in the boundaries of international law. Operations, such as the one in northern Gaza, were not helpful to Israeli security. He encouraged the parties to resume talks and agree to a ceasefire. A just, comprehensive and lasting peace could be achieved only through negotiations, as envisaged in the Road Map and in accordance with the provisions of the relevant Security Council resolutions.

JUAN ANTONIO YAرEZ-BARNUEVO (Spain) said he had fully expressed his views yesterday on the issues. On the basis of the principles set forth and the statements made in that debate, he had cast a vote in support of the text today. He regretted that it could not have been adopted. It contained certain elements essential to dealing with the situation, given the urgency of the required response and the gravity of unfolding events. Reference had been made in the text not only for the need to stop the military operations and for the withdrawal of Israeli forces from the area, but also to condemn all acts of violence, terrorism, indiscriminate force and destruction. Regrettably, the Council had been unable to shoulder its responsibility. The situation would have to remain under consideration. Meanwhile he called on both parties to comply with their obligations.

ZHANG YISHAN (China) said he had supported the draft resolution and regretted that it had not been adopted. China's position was clear and consistent. He believed that as a core body responsible for the maintenance of international peace and security, the Council should bear responsibility for protecting the safety and security of the Palestinians in the Gaza Strip. Negotiation was the only way to achieve peace. He urged the parties to resume dialogue and return to political negotiations.

GUNTER PLEUGER (Germany) said his position regarding the resolution of the Middle East situation was well known. He had tried to introduce into the draft resolution a number of important amendments, but had not succeeded. Therefore, Germany had abstained.

EMYR JONES PARRY (United Kingdom) said he remained greatly concerned about the ongoing violence and bloodshed and urged both sides to take steps to end the violence. The United Kingdom condemned all acts of terrorism, including the firing of Qassam rockets. It also recognized Israel's right to defend itself. Israel's response must be proportionate, however, and respond to international law. The current operation was resulting in deaths and injury and was not proportionate to the threat it faced from rocket attacks. The text wrongly gave the impression that fault lay only on the Israeli side. The responsibility lay with both sides. The resolution should have acknowledged Israel's right to defend itself against terrorism. It should also have called on the Palestinian Authority to take firm action on acts of terrorism and their perpetrators. The solution to the conflict lay in the Road Map, he added.

NASSER AL-KIDWA, Permanent Observer for Palestine to the United Nations, said that today was yet another sad day for the Security Council, which had again failed to fulfill its responsibilities under the Charter, by not taking a stand with regard to the bloodshed against the Palestinian people, specifically now, in northern Gaza, by the Israeli occupation forces. It failed to do that, and it failed to call for an end to the bloodshed and destruction. At the start of today's meeting, there had been some words about victims among the Israeli children without a single word about the Palestinian children. They suffered much more. Today, 20 bullets riddled the body of a Palestinian child of 13 years of age on her way to school.

He said he had not heard a word about Israeli tanks, bulldozers, military gunships, military jets made in the United States or missiles - -- and not a single word about the destruction of the lives of the Palestinian people as a whole and of their future. What was the difference between the acts of some Palestinian groups and the too many acts of the Israeli occupying forces? Both were aimed at civilians. The real difference was that the Palestinian groups were acting against the will of the Palestinian Authority, while the actions of the Israeli occupying forces were committed by an official army pursuing an official policy of the Government of a Member State of the United Nations.

On the question of Israel's right to self-defence, he said it was inadmissible to talk about that right as if that were in regard to a regular peace-loving country, in full respect of the law. Israel was an occupying Power, and the question of self-defence had been addressed by the International Court of Justice. Naturally, Israel had the right to defend its citizens, but on the basis that it was an occupying Power. Attempts at exoneration in that regard were unacceptable, now or in the future.

He said today's veto was the seventh by the current United States Administration on draft resolutions on the situation in the occupied Palestinian territory, including East Jerusalem. It was the twenty-ninth veto by the United States on related drafts. That summed up the entire tragedy of the Middle East.

DAN GILLERMAN (Israel) thanked those who had courageously chosen to oppose or not to vote on the draft resolution. The draft should never have been considered. How anyone could have described the text as balanced, when it demanded certain things from Israel while not even hinting at the horror caused by the Palestinians, escaped him. A draft that condemned mechanisms for fighting terrorism instead of terrorism itself distorted issues at hand. Ignoring its obligations, the Palestinian leadership had allowed terrorists to act with impunity from within its territory, aiming their aggression towards civilian populations. Israel would respect its obligations to defend its citizens, while also respecting its obligations to international humanitarian law. Israel had the right and duty to defend its citizens from "the rain of missiles" so long as the Palestinian leadership did nothing to stifle terrorism against the Israeli people.

He said the Palestinian leadership had brought the destruction on its own people by holding them hostage in its evil grip of terror. Were it not for that tragic leadership, and the choice of terror rather than settlement, the Palestinian people would long ago have their own State. The draft would have done nothing to end the suffering for either the Israelis or the Palestinians, but would have worked against the vital interests of both groups. By focusing solely on Israeli actions, and failing to condemn the terrorism, the Council would have emboldened the terrorist to obstruct the path to peace.

He said the struggle towards peace must be advanced. One-sided drafts did not contribute towards the goal of a peaceful Middle East, but only contributed to keeping peace forever out of reach. The Council had an obligation to the victims of terrorism and the struggle for peace. Palestinian terrorist organizations were the true enemies of peace, and of the Palestinian and Israeli people, and should be the focus of the Council's attention.