Statement by H.E. Aharon Leshno Yaar
Permanent Representative
Permanent Mission of Israel to the UN in Geneva
12th Regular Session
United Nations Human Rights Council
Agenda Item 7
29 September 2009
Mr. President,
Yesterday, on Yom Kippur, Jews all over the world – in Jerusalem, Sderot,
here in Geneva – commemorated Yom Kippur, the most holy day of the Jewish
calendar. It is the day when, according to Jewish tradition, our fate is
determined for the coming year: “Who will live and who will die, who will be
raised up and who brought low”. Not only for individuals but also for
States, this is a decisive time. In the words of our prayers: “Which for war
and which for peace, which for famine and which for plenty”.
For the States in this Council this is indeed a fateful time. Today’s debate
is a real test of the integrity and purpose of this body. But more than
that, the response to the challenge presented today will have a clear effect
on our ability – collectively and individually – to face some of the
greatest challenges in the year ahead.
Five years ago, in a remarkable gesture reaching out for peace, Israel
removed every one of its soldiers and over 8000 civilians from the Gaza
Strip. We withdrew hospitals and kindergartens, synagogues and cemeteries,
leaving only the greenhouses we had struggled to build in the hope that
these would be the start of a productive Palestinian society. And you, the
States of this Council, applauded this unprecedented measure. You told us
in no uncertain terms that in the nightmare scenario that terror would take
root, you would back us in our inherent right to self-defense.
Five years later, the greenhouses had been ransacked by Hamas thugs, over
8000 rockets and mortars had been fired on schools and kindergartens in
Sderot and other Israeli towns, and an unceasing supply of weaponry was
being smuggled through tunnels into Gaza from terror-sponsoring states like
Iran. Israel’s urgent appeals to the international community were to no
avail, and our attempts to extend a fragile cease-fire were met with new,
increased barrages of missiles from Hamas. And all the while the range of
the attacks was increasing. Now Ashkelon and Beer Sheva were within reach.
One million Israeli children, women and men had to live every moment of
their lives within seconds of a bomb shelter.
The decision to launch a military operation is never an easy one. It is even
more challenging when we have to face an enemy that intentionally deploys
its forces in densely populated areas, stores its explosives in private
homes, and launches rockets from crowded school yards and mosques. These are
new and horrendous challenges, and we sought to deal with them responsibly
and with humanity. Yet when we dropped millions of leaflets and made tens of
thousands of phone calls to warn civilians in advance of operations, we were
witness to the callous and deliberate Hamas tactic of sending women and
children onto the roofs of terrorist headquarters and weapons factories. In
such cases, again and again missions were aborted, letting the Hamas
terrorists escape, Israel protected Palestinian civilians that Hamas had put
at risk.
In grappling with these dilemmas we seek the guidance of other states. We
may not have all the right answers but we struggle to ask the right
questions. And in discussions between officials charged with securing the
lives of their civilians we hear genuine admiration for our restraint. For
example, when Colonel Richard Kemp, Commander of British forces in
Afghanistan was asked about Israel’s conduct in Gaza, he replied: “I don’t
think there has ever been a time in the history of warfare when any army has
made more efforts to reduce civilian casualties and deaths of innocent
people than the IDF in Gaza.”
In complex urban warfare, though, civilian casualties are tragically
inevitable. There also may have been incidents in which soldiers did not
always maintain the standards that we expected of them. The true test of a
genuine democracy is how it deals with such cases, and how it examines its
own failings. Following the Gaza Operation, Israel has opened over 100
separate investigations into fundamental operational questions, like damage
to UN centers and medical facilities, as well as specific allegations of
misconduct. Of these investigations 23 have already resulted in criminal
proceedings. And this process continues. Any decision regarding whether to
open criminal proceedings can be appealed by any Israeli or Palestinian to
Israel’s Supreme Court – a court which has been cited with respect and
admiration throughout the democratic world.
Israel struggles to deal with these tough questions, raised by terrorists
acting within civilian centers. Sadly, these are questions which also occupy
many other democratic countries and which they and we will have to continue
to grapple with.
But these questions, apparently, do not occupy the authors of the shameful
Report which has been presented to this Council.
Like many of the States in this Council, we could not support a resolution
which only addressed one side of the conflict, and which established four
separate mechanisms to condemn Israel and not even one to examine Hamas.
Like many of the distinguished individuals who rejected invitations to head
the fact finding mission with its one-sided mandate, we objected to a
mission which, in the words of Mary Robinson, was “guided by politics not
human rights”. While Israel has cooperated with dozens of inquiries and
investigations from international organizations and NGO’s into the events in
Gaza it refused to cooperate with this Mission. And the Report presented
today fully justifies that decision.
Even prior to the start of any investigation one member of the Mission went
on public record stating that Israel’s defense of its civilians against
Hamas’ attacks was “aggression not self-defense”. The document submitted
today simply reiterates that prejudice.
Mr. President
This is a report – 575 pages – in which the right of self defense is not
mentioned, in which the smuggling of weapons into Gaza through hundreds of
tunnels deserves not a word.
A report based on pre-screened Palestinian witnesses, not one of whom was
asked about Hamas terrorist activity or the abuse of civilians, hospitals
and mosques for terrorist attacks.
A report which is based on carefully selected incidents, cherry picked for
political effect. As Justice Goldstone revealed in an open correspondence:
“We did not deal with the problems of conducting military operations in
civilian areas. We avoided having to do so in the incidents we decided to
investigate.”
A report which gives credibility to every allegation or hearsay against
Israel, and none to even direct admissions of guilt by Hamas leaders. Indeed
which sometimes accepts the same source as authoritative as against Israel,
but somehow unreliable vis-à-vis Hamas.
Mr. President
The authors of this “Fact-finding Report” had little concern with finding
facts. The Report was instigated as part of a political campaign, and it
represents a political assault directed against Israel and against every
state forced to confront terrorist threats. Its recommendations are fully in
line with its one-sided agenda and seek to harness the Security Council, the
General Assembly the International Criminal Court, the Human Rights Council,
and the entire international community in its political campaign. In so
doing it seeks to inject these bodies with the same political poison that
has so undermined the integrity of this Council.
M. President,
Unlike the Hamas terrorists who rejoice with every civilian death, Israel
regards every civilian casualty as a tragedy, Israel is committed to fully
examining every allegation of wrongdoing. Not because of this Report but
despite it.
For let there be no doubt. This Report will do nothing to ease the lives of
those in Sderot and Gaza City, Kiryat Shemona and Jenin. In providing
support and vindication for terrorist tactics, it is a betrayal of Israelis
and moderate Paelstinians alike.
In the final analysis, the true test of such a Report can only be whether in
future armed conflicts it will have the effect of increasing or decreasing
respect for the rule of law by the parties. Regrettably this one-sided
report, claiming to represent international law but in fact perverting it to
serve a political agenda, can only weaken the standing of international law
in future conflicts. This report broadcasts a troubling – and legally
unfounded – message to States everywhere confronting terrorist threats, that
international law has no effective response to offer them, and so serves to
undermine willingness to comply with its provisions. At the same time, it
signals an even more troubling message to terrorist groups, wherever they
are, that the cynical tactics of seeking to exploit civilian suffering for
political ends actually pays dividends.
Finally, and perhaps most importantly, we want to find a way to live in
peace with our neighbors. This is the ultimate question that Prime Minister
Netanyahu asked the General Assembly in New York last week:
“The same UN that cheered Israel as it left Gaza and promised to back our
right of self-defense now accuses us … of war crimes? And for what? For
acting responsibly in self-defense? […] Israel justly defended itself
against terror. This biased and unjust report is a clear-cut test for all
governments. Will you stand with Israel or will you stand with the
terrorists? Because if Israel is again asked to take more risks for peace,
we must know today that you will stand with us tomorrow. Only if we have the
confidence that we can defend ourselves can we take further risks for
peace.”
Thank you very much.
(YWN Desk – NYC)
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One Response
“Because if Israel is again asked to take more risks for peace, we must know today that you will stand with us tomorrow. Only if we have the
confidence that we can defend ourselves can we take further risks for peace.” -Is this some kind of a sick, pathetic, NEUROTIC joke?!? Can anyone in his right mind seriously expect ANYTHING in the way of help or support or anything other than censure and criticism from this international band of Jew-haters!?! THIS IS AN EMBARRASSMENT!!! This is like when the meragleem said that they were like grasshoppers in their own eyes!!! When are we going to stop licking the boots of the umot ha’olam, when are we going to stand up proudly and say WE ARE AM YISRAEL, WE ARE THE AM HASH-M, WE PUT OUR TRUST IN HIM AND IN HIM ONLY, AND WE WILL ACT IN ACCORDANCE WITH HIS WILL AND NOT THE WILL OF THOSE WHO WOULD LIKE TO SEE US DESTROYED! IF YOU STAND AGAINST US, YOU STAND AGAINST HIM, AND YOU WILL HAVE THE FATE OF ALL OUR ENEMIES THROUGHOUT THE MILLENIA WHO HAVE FALLEN AND LIVE NOW ONLY IN HISTORY BOOKS, WHILE AM YISRAEL LIVES AND GROWS STRONGER EVERY DAY! –This is what the message of Israel’s representatives SHOULD BE!