Mideast situation – GA general debate – Verbatim record (excerpts)

Official Records

General Assembly

Fifty-fifth session

68th plenary meeting

Monday, 20 November 2000, 10 a.m.

New York

President:  Mr. Holkeri………………….(Finland)

The meeting was called to order at 10 a.m.

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Agenda item 52

Report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991

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We are aware that the Security Council has already established a working group to examine these proposals, and it is expected that the working group will submit its conclusions before the end of this year. However, I wish to share with the Assembly our feelings with regard to the proposals submitted by the President of the Tribunal. We remain convinced that the success of the Tribunal in fulfilling its mandate would help promote the rule of law and deter the recurrence of egregious crimes. The successful fulfilment of the mandate of the Tribunal would indeed be a triumph of human decency. Therefore, it is indispensable that the United Nations, as the founder of the Tribunal, and the Security Council in particular, vigorously support the Tribunal and provide it with all the necessary means so that it can fully accomplish this important mission. Let us make sure that the demand for international justice prevails over any other consideration. Finally, I would like to take this opportunity to express our hope that the lessons learned by this relatively successful Tribunal be utilized to bring to justice the perpetrators of similar crimes committed elsewhere in the world. The widespread and systematic crimes committed by the occupying Power against the civilian population of Palestine in the occupied territories over the years, and in particular in recent weeks, in violation of the Fourth Geneva Convention, are no less appalling than those committed in the Balkans. Thus, the United Nations should not turn its back on the victims of inhuman crimes committed against peoples who are struggling to liberate their territories from foreign occupation. It should ponder ways and means of establishing a tribunal to bring to justice the perpetrators of these crimes as soon as possible, in order to deter further commission of such atrocities and to do justice in those areas where it is so very much in demand.

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Mr. Shacham (Israel): The representative of the Islamic Republic of Iran has, unfortunately, used this debate on a most serious international issue to voice an extraneous attack against my country.

He has charged my country with criminal activity in regard to our reaction to Palestinian violence. This oft-repeated charge that Israel has used excessive force is worse than a distortion. It is the opposite of the truth. Virtually every day during the last few weeks Israeli soldiers and civilians have been confronted with dozens of organized violent and life-threatening attacks by Palestinians. These attacks have included gunfire directed at residential neighbourhoods, fire bombings, parcel and car bombs in crowded shopping areas, shootings against Israelis on the open road and violent riots.

Under these difficult conditions, the Israeli Defense Forces have been acting with the greatest possible restraint, doing their utmost to prevent injury and loss of life.

Let me stress, Israel has no interest in escalating the violence. To the contrary, Israel believes that it is imperative that the Palestinians stop the violence so that both parties can return to the negotiating table. Israel maintains that a just and sustainable solution can be found only through dialogue, not through armed confrontation. At the same time, the Israeli Defense Forces have a clear responsibility to protect Israeli and Palestinian civilians and security personnel. The Israeli Government regrets the loss of any life, whether Jewish or Arab. In the end, however, responsibility for these deaths lies with the Palestinian Authority, which has initiated the violence and so far refuses to implement its oft-declared ceasefire.

This point must be stressed today in light of this morning’s heinous bombing of an Israeli school bus by Palestinians, killing two and seriously wounding ten, mostly schoolchildren and, of course, causing life-long scars for any who were in the bus.

Discrimination against and oppression of religious minorities is also a serious violation of international humanitarian law. The singling out of Jewish citizens on the basis of their faith and the deprivation of their most basic human rights has unfortunately become a common practice in the Islamic Republic of Iran. The deplorable Iranian incarceration of 13 of its Jewish citizens on trumped up espionage charges is a case in point.

The Government of Israel wishes to express its profound shock and concern following the harsh sentences passed on these unfortunate Jewish prisoners, who are innocent of any wrongdoing. These harsh verdicts will deprive innocent people of their freedom for many years. The almost two years of imprisonment that these Iranian Jews have already suffered constitute a grave injustice and a gross violation of human rights contravening the very essence of natural justice upheld by all civilized nations and the accepted rules of international law.

My country will continue to call upon the international community to continue working together with us and do their utmost to bring about the prompt release of these prisoners. Israel will not rest until all the prisoners are released.

Mr. Mirzaee-Yengejeh (Islamic Republic of Iran): With regard to the remarks made by the previous speaker, I would like to point out that atrocities committed by the occupier in the occupied territories in the Middle East — in particular in recent weeks — warrant requesting an international tribunal to be established to prosecute the perpetrators of heinous crimes.

The feelings of the international community with respect to the Israeli atrocities in the occupied territories are reflected in various resolutions that have been adopted by the General Assembly, as well as those adopted by other organs of the United Nations, particularly the Security Council. As an example, I would like to quote from the resolution recently adopted by tenth emergency special session of the General Assembly in which the Assembly condemns, “acts of violence, especially the excessive use of force by the Israeli forces against Palestinian civilians” (resolution ES-10/7, para. 2)

and demands that

“Israel, the occupying Power, abide scrupulously by its legal obligations and its responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, which is applicable to all territories occupied by Israel since 1967”. (ibid, para. 6)

In a resolution adopted on 7 October 2000, the Security Council

“Condemns acts of violence, especially the excessive use of force against Palestinians, resulting in injury and loss of human life” (resolution 1322 (2000), para. 2)

and

“Calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and its responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949”. (ibid, para. 3)

Moreover, a resolution adopted in Geneva by the Commission on Human Rights, among other things, condemned Israel for widespread systematic and gross violations of human rights and set up an international commission of inquiry into the violence in the occupied territories.

It was in the light of the feelings of the international community, as duly reflected in these resolutions, that the Permanent Representative of the Islamic Republic of Iran proposed in an address to the Assembly that an international criminal tribunal be set up in order to prosecute the criminals in the occupied territories.

Mr. Shacham (Israel): I have already referred, in my last intervention, to the allegations made against my country by the representative of the Islamic Republic of Iran regarding crimes. I would add to that statement a note that I did not make regarding the application of the Fourth Geneva Convention.

Israel has stated on many occasions that the humanitarian provisions of the Fourth Geneva Convention of 1949 are indeed applied de facto to the West Bank and Gaza Strip territories; that despite the fact that pursuant to article 2 of the Convention its provisions apply de jure only to territory that has been occupied from a legitimate sovereign. As neither the West Bank nor the Gaza Strip were under the recognized sovereignty of a State prior to 1967, the Geneva Conventions do not as a matter of law apply to the West Bank and the Gaza Strip. Indeed, the agreements between Israel and the Palestinians do not refer to that territory as “occupied territory” and recognize that the West Bank and the Gaza Strip are properly to be regarded as disputed territory that is the subject of direct bilateral negotiations between the parties.

It should also be noted that article 6 of the Fourth Geneva Convention stipulates that the Convention ceases to apply to the extent that the functions of Government are no longer exercised by the occupying Power. Therefore, even according to those who argue that the Geneva Conventions apply de jure to the West Bank and Gaza Strip territory, that can surely no longer be the case in Palestinian cities, towns and villages, where, according to the Israeli-Palestinian Interim Agreements, a vast degree of governmental powers have already been transferred to the elected Palestinian Authority.

The Acting President (spoke in French): May I take it that the Assembly wishes to conclude its consideration of agenda item 52?

It was so decided.

The meeting rose at 1.30 p.m.