
The original issue brought before the Council
was Israel’s closing of the border crossings into Gaza.
From the beginning of the discussion, however, the
U.S. framing, focused the statement on the rocket
attacks into Israel and the right of Israel to defend
itself.
Several members of the Security Council ex-
plained that such an interpretation runs counter to the
obligations of Israel, as an occupying power and that
punishing the whole population of Gaza for what
were the acts of a few is contrary to the tenets of the
prohibition in international law against collective
punishment and disproportionate actions.
In his presentation to the Security Council in its
public discussion on Jan. 22, Le Luong Minh, the
ambassador from Vietnam said, “(W)e consider the
acts undertaken by the Israeli authorities against
Palestinian civilians, like any act that literally targets
the innocent civilians of a country, to be unjustifiable,
even in the name of security or under any other pre-
text.”
Speaking in his capacity as the ambassador from
Libya, Giadalla Ettalhi, who held the rotating chair-
manship of the Council in January, said, “We do not
believe these practices against civilians can be justi-
fied on any pretext; nor can they be equated with any
other acts.”
Stating a similar view, Ambassador Michel
Kufando of Burkina Faso said, “It is not for us today
to engage in a rhetorical exercise but to concretely
consider through a careful review of the situation
what the Council and the international community can
do to put an end to the blockade of Gaza. This block-
ade is unacceptable because it holds hostage a whole
population subject to all types of privation.”
Several other ambassadors who spoke at the Jan.
22 Security Council discussion said that the right of
a nation to self defense is not intended as a license to
harm or blockade a civilian population as Israel is
doing in Gaza.
The U.S. framing of the situation, however, is
that Israel has disengaged from Gaza and therefore is
no longer an occupying force in Gaza. Israel is being
attacked by terrorists in Gaza. Israel has the right to
self defense against Gaza. Though the U.S. framing
says that Israel should, when feasible, minimize the
harm to civilians, the U.S. does not propose any
means of imposing such an obligation on Israel.
Others on the Security Council disagree with how
the U.S. frames the situation in Gaza. The South
African ambassador said that though Israel had
withdrawn from Gaza, “the territory of Gaza remains
under de facto Israeli occupation. Israel controls
Gaza’s air space and Gaza’s territorial waters. By
virtue of its illegal occupation Israel continues to be
bound by the Fourth Geneva Convention.”
Article 33 of the Fourth Geneva Convention of
1949, states, “No protected person may be punished
for an offense he or she has not personally committed.
Collective penalties and likewise all measures of
intimidation or of terrorism are prohibited. Pillage is
prohibited. Reprisals against protected persons and
their property are prohibited.”
Panama’s Ambassador Ricardo Arias said that
“the State of Israel has the right to defend itself,
however, measures for self-defense should be carried
out in a restrained manner that is proportionate to the
threat.” He further explained that “the Actions of the
Government of Israel violate all humanitarian stan-
dards including the most basic rules of international
law.”
Participating in the discussion but not a member
of the Security Council, the Syrian Ambassador
Bashar Ja’afari challenged the notion that Israel is not
the occupying power in Gaza. He said that Israel’s
claim, “it has withdrawn from Gaza is a blatant
distortion of the facts. Israel controls international
borders and all crossing points…. It controls the flow
of food, medicines, water and electricity. In short,
Israel, the occupying power as defined under interna-
tional law has transformed Gaza into a sealed ghetto
and the West Bank into besieged Bantustans.”
The Syrian ambassador attributed Israel’s belief
that it does not have to abide by the 1949 Fourth
Geneva Convention to the failure of the Security
Council and the international community to condemn
Israel.
At the Security Council discussion on Jan. 30, the
Indonesian ambassador said “The humanitarian crisis
in Gaza is dire and unacceptable. The people of Gaza
have been suffering not only from the border cross-
ings, but also from repeated military incursions by
Israel.”
“Today,” he explained, “we wish to emphasize
the importance of a common Council response on this
humanitarian catastrophe.”
The South African ambassador added that “The
situation in Occupied Palestine cannot be ignored any
longer. Try as it might, this Security Council cannot
remain silent and hope that the situation will change
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