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Cablegate: Instructions:Vote 'No' On Unga Resolution Re:

VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #7898 0570132
ZNR UUUUU ZZH
O 260129Z FEB 10
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0093

UNCLAS STATE 017898

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREM UNGA
SUBJECT: INSTRUCTIONS:VOTE 'NO' ON UNGA RESOLUTION RE:
GOLDSTONE FOLLOW-UP

REF: MASILKO - BASS EMAIL 02/24/10 18.04

1. The Department authorizes USDEL to call for a vote and
vote "no" and to deliver the Explanation of Vote in paragraph
2 on the resolution entitled "Follow-up to the report of the
United Nations Fact-Finding Mission on the Gaza Conflict"
provided the resolution text does not change significantly
from the wording contained in REF.

2. The United States remains deeply concerned about the pain
and suffering endured by both Palestinians and Israelis. We
continue to believe that the best solution is to achieve a
comprehensive peace in the region, including two states,
Israel and Palestine, living side by side in peace and
security. There is no substitute for direct negotiations
between the parties leading to the creation of a Palestinian
state, and we should all be working to advance the cause of
peace-not to hinder it.

We also strongly support accountability for any human rights
and humanitarian law violations in relation to the Gaza
conflict. Our goal in this regard remains to have domestic
authorities carry out thorough, independent, and credible
investigations of allegations of such violations. We must
also safeguard the ongoing efforts to restart permanent
status negotiations between Israel and the Palestinians. In
this regard, we note Israel,s submission of a detailed
46-page report to the Secretary-General providing information
on its domestic investigations, and we note that the
Palestinian Authority has recently established an Independent
Investigative Commission. The issues raised by this
resolution that are related to last year,s conflict in Gaza
should be resolved by credible domestic investigations and
their follow-up.

We continue to believe that the Report of the UN Fact-Finding
Mission on the Gaza Conflict, widely known as the Goldstone
Report, is deeply flawed. We have previously noted
shortcomings that include its unbalanced focus on Israel, the
negative inferences it draws about Israel,s intentions and
actions, its failure to deal adequately with the asymmetrical
nature of the Gaza conflict, and its failure to assign
appropriate responsibility to Hamas for deliberately
targeting civilians and basing itself and its operations in
heavily civilian-populated urban areas. The Goldstone Report
is also problematic in its many overreaching recommendations
and its sweeping legal and political conclusions. The Report
contains, as does the resolution just voted, a
counterproductive recommendation to convene the High
Contracting Parties to the Fourth Geneva Convention and an
inappropriate attempt to press action on the Security
Council.

The resolution we have just voted reflects several of the
same problems as the predecessor it recalls. For these
reasons, we voted against the resolution.
CLINTON

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