S/PV.2781 Security Council

On behalf of the Security Council, I should like at the very outset of this meeting to express condolences to the bereaved family and to the Government of Australia in connection with the.'fatal injury suffered by Captain Peter McCarthy of Australia', a military observer of the United Nations Truce Supervision Organisation , assigned to Observer Group Lebanon with the~united Nations Interim Force in Lebanon, whose untimely death:was caused by an explosion of unknown origin in southern Lebanon, on 12 January. 'Cur.best wishes for'? fuii' recovery go to &Yajor 'Gilbert Cat& of Canada,'*0 was injured in the same incident. ADO~I~IUOFTI~~AU~NDA~ .' ' '.) .a, The agenda tias adopted. " "I' ' ,. ,I .* TV SITUATION m ‘m o,kkprn, mm. m~fTd~l& -' . - ." '* ' 1 . ' .'

I should like to"inform.-menS,ers'of the Council that 1" have received letters from the representatives of'~sr&el~'and:~ebanndn in *hi&they request to be invited to-.p~reicipate'-~n'~e discuss&'&the i'tem cm the Council's agenda. In conformity .with'the usual‘pra&ice, fpropoie, '<is' the oans&fi; of &i. Council, to invite"~ose'represeniativds"to par&&pate 'in the discussion'withoiit the right to vote;in a&o&an&e withthe‘televant'provisions 0f'the"'Charter and' ". ,.ule 37 of the ~oun~~i~s'-provi~~~nai rule~'of'~~~cedure!"' I:“ ..*1: ,-I.. I,...:,. There being no &je&ion; it is so'~'de&&j; i ".. .:,. .- : 1.' I'_ - .I. ",.I,- * At the"invitation' of .the President;"k. &i&&u (I&ra'el)'and &. .pakhoury (Lebanon).to~k".thB‘pla=es reserved..for them.'iit."tiie“si~e'df'the &n&l &her. "'-"' The PRESlpENTt I should also like to inform the Council that I have received-a letter dated 14 January 1988 from the Permanent Representative Of Algeria ‘to the United Nations, which reads as follows: “i have the hcnour, to request that the Security Council extend an invitation to Mr. Zehdi Labib Terxi, Permanent Observer of the Palestine Liberation Organization to “the United Nations, in accordance with the CO~Cfl’s past practice, in connection with the Council’s consideration ‘of the ‘item..‘The situation in the occupied Arab territories’.” That letter will be circulated as document S/19430. The proposal by Algeria is not made pursuant to rule 37 or rule 39 of the provisional rules of procedure of the Security ‘Council, but if approved by the Council the invitation to participate in the debate would ‘confer on the Palestine Liberation Organization the same rights, of .participation as those conferred on Metier States when invited.to participate. pursuant to rule 37. : Doesany member of the .Council ,wish to, speak on this proposal?- . Mr. WALTERS (Enited States .of America) : I personally have not had the chance, Sir, to congratulate,,you .on your ..assumption of the presidency of the Security ,Council. I wish to,.,do so now@ and to express confidence .that YOU r . . qua,&ities, .which are kncq ,~to ,all, are a,guarantee of. the success of .our work: I I . a&o express to your predecessor, Ambassador Belmogov, our thanks for, his outstanding performance in presiding -over the Security Council,. 1 The ,United States,h,as consistently taken the position .that under the . % . . . . . . . . provisional rules of procedure of. the Security Council the only legal basis, on _ ‘. ._ ,. which the Council may grant a hearing to persons speaking on behalf of non-governmental entities is rule 39. For four decades the United States has supported a generous interpretation of rule 39, and we certainly would not object (Mr. Walters, United States) had the matter been raised under that rule. We are, however, opposed to special, ad hoc departures from orderly procedure. The United States consequently opposes extending to the Palestine Liberation Organization the same rights to participate in the proceedings of the SeCUritY Council as if that organization represented a Member State of the United Nations. We cer&inly believe in listening to all points of view, but not if .that.reguires violating the rules. In particular, the United States does cot agree with the recent practice of the Security Council which appears selectively to try to enhance the prestige of those who wish to speak in the Council through a departure from the rules of procedure. We consider this special practice to be without legal foundation and to constitute an abuse of the rules. For those reasons, the United States requests that the terms of the proposed , invitation be put to the vote. Of courser the United States will vote against the proposal.

I thank the representative of the United States for the %' .I kind things he had to say about me. If no other member of the Council wishes to speak, I shall take it that the 4% Council is ready to vote on the proposal.'by Algeria. It is so decided. A vote was taken by show of hands. In favours Algeria, Argentina, Brazil, China, Japan, Nepal, Senegal, Union . of Swiet Socialist Republics, Yugoslavia, zan-bia Against: United States of America : Abstaining3 France, Germany, Federal Republic of, Italy, United Kingdom of Great Britain and Northern Ireland

The result of the voting is as follows: 10 votes in favour, 1 against and 4 abstentions. The proposal has been adopted. At the invitation of the President, Mr. Terzi (Palestine Liberation Organization) took a place at the Council table.

The Security Council will now begin its consideration of -. the item on its agenda. The Security Council is meeting today in accordance with the understanding reached in the Council's prior consultations. Members of the Council have before them document S/19429, which contains the text of a draft resolution submitted by Algeria, Argentina, N&al, Senegal, Yugoslavia and Zambia. The first speaker is the representative of Israel. I invite him to take a place at the Council table and to make his statement. Mr. NRTANYARU (Israel): This is the third time in less than a month that the Security Council has met on matters related to.my country. The whole approach of these meetings, including the actual convening of the Council, reflects and is characterfzed by a gross imbalance and a total disregard of context. All these meetings have produced resolutions; all of these have been directed against my country and the measures my country has taken to try to restore calm and' tranquillity. Now, these measures of my country are attacked) they are criticized$ theysare assailed with such words as mdismayn and !@indignation", I (Mr. Netanyahu, Israel) I shall not go into a detailed presentition of our position; I have done So.in the past. Suffice it to say that we are acting - as is our right under - international law - to secure order in the face of violent.prwocations, and'we are doing so with the maximum restraint and in full compliance with the laws'that have applied and pertain to these areas for nearly half a century. Cur actions to remove a handful of leading terrorists members of the Habash -.group and'the Patah - several of them convicted killers, all of them PrOfeSSional riot-inciters and purveyors in blood - are depicted in'words appropriate to some mass expulsion and uprooting of.entire populations. This is false; and the attempt to present it as su&.is false. The interesting question is: What about the‘5&ctions thht have necessitated our reactions? I have read these resolutions carefully," including the document now before the Coundil, and have not.found a trace; not even a syllable let alone a. word, about those actions. I have not found a word about the murder of.Israeiis, Arabs and Jews alike, in the markets in 'G&a: I -have not found,'& word about the Molotw cocktails hurled'at Israeli passengers' travelling in"J&ea-Samarid. I' hake . . not heard a word about entire;families being'burnt alive by these bombsi not a&or8 I ‘about the incitements which.have resulted 'in 'r&ts;'stabbings and st&'ingt' nor d word about the death threats to'Arab mar&an&, & Pales&i& Arabs, to doctors, to school teachers who even consider deviating,from this path.'And .there is not“ even the mainstay of any deceit diplomacy;not"even an-appeal'for restx!aint.on all sides; there. is not a'word about that either; Instead, in'the past three‘"or so" " weeks, we have had three meetings of the Security Council.with these resolutions " cascading down on'fsrael. I. j , . . . . . Somebody outside said to me: Well, you know;thfs is per forthe course." _l' Maybe it is. But during that period we have been'here I asked my Mission to '.' (Mr. Netanyahu, Israel) collate what has happened in the Middle East, according to Arab sources as broadcast in.the ~~1s. I have here seven pages crananed with incidents reported by the Arab press of bombings, murders, assassinations, kidnappings, riots and the . death of thousands. The Security Council has been convened three times, twice to .discuss the deportation of, four metiers of a terrorist organization and nothing. else. In,these recent meetings,,and resolutions what the Security Council is doing is sending a very clear messsage, saying basically this% We condone.all Palestinian violence against Israel; we condenm any Israeli countermeasures; And, since.the /. function of the Secu@ty Council is to try to promote international peace and security, I have a simple question: Does.this promote peace? Does this promote .security? Of course it doeqnot; it does the exact opposite. What it does is encouragqthe men,of the both and, the gun to inflame passions, to fan the.violence : ., and to pu.sh peace further away. ~ p .-, ,: ,. Hv are we supposedto relate to these resolutions?. Does anyone seriously ..> " i expect us ,to believe that they i-nspire,confidence in /the impartiality and / ( . . _. .I > fair-mindedness of this body? 1 -' .1 .~I / *I think:tha,t even if we were to,,>t+w rose petals at the Molotov cocktail throwers; this body would find the means to cri-ticize us. So, .' 4' .(. 8. if we started out with an objection in principle to'the inyolvement of the Security .A. I 1 ,I >~ ,I I I Council in matters of,security - ?. matters that under .internatjonal law are .Israel's exclusive responsibility - .? . ; ..the recent.meetings and, approqch of the Council have. .- I .,.. 6 , added a second objection, namely,,.the biased and pre-ordained nature of .these I gatherings. : 1 . I,'. ".' We believe that any truly fair-minded members of this Council.will find the means to distance.:themselves from this reflexive prejudice and its conclusions. Israel certainly will never accept them. The PRESIUENT: The next speaker is the representative of Lebanon. I invite him to take a place at the Council table and to make his statement. Mr. FAKBXIRY (Lebanon) (interpretation from Arabic): Since this is the first time that I have had the opportunity to address the Council this month, please allow me at the outset to congratulate you, Sir, on your assumption of the presidency. I assure you of our complete confidence in your skill, competence and objectivity in conducting the Council’s work. I cannot fail to thank the Ambassador of the Soviet Union, who presided in an exemplary way over the Council’s work last month. Lebanon’s position with regard to the deportation of citizens is well known, since we have set it forth in an official message to the Secretary-General. It is a position of rejection - the rejection of deportation and expulsion, which are contrary to article 49 of the Fourth Geneva Convention and the provisions of international humanitarian law. Israel has exploited its occupation of a portion of Lebanese territory it terms a “security zone” so as to deport four Palestinians to Lebanese territory, j leaving them without shelter , without a home, in order for them to proceed northward to the Lebanese Army, which had to welcome them L there was no other solution - and reach an area between Lebanese and Israeli positions. Those per sons are still waiting in that region to see what their fate will be. The solution that we foresee is to allow the International Red Cross, to meet those individuals and bring them to Palestinian territory. The Council has the responsibility to adopt prompt measures, as required by international humani tar ian law. Such a solution would be consistent with the draft resolution which is now before the Council. (Mr. Fakhouty, Lebanon) In expelling and deporting these persons Israel has demonstrated its defiance of the Security Council and its 'contempt for its resolutions. It is important - indeed it is our duty - to compel Israel to cease violating the resolutions of the '. . Council and to comply with them.

I thank the representative of Lebanon for the kind words he addressed to me. It is my understanding that the Council is ready to proceed to vote on the draft resolution before it. Unless I hear any objection, I shall put the draft resolution to the vote naw. There being no objection, it is so decided. ,A vote was taken by shcw of hands. In favour: Algeria, Argentina, Brazil, China, France, Germany, Federal . Republic of, Italy, Japan, Nepal; Senegal, uhion of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, Yugoslavia, Zambia . . Against: None Abstaining% United States of America .

There were 14 votes in favour, rime against and one 1 abstention. The draft resolution has been adopted'as resolution 608 (1988). I shall now call upon those metiers of the Council who wish to make statements after the voting. Mr. WALTERS (United States'of America): The United States position against Israeli deportations from the occupied territories is clear and unambiguous. It has been stated on numerous occasions, and was mst recently reflected in our vote in favour of Security Council resolution 607 (1988) and in our subsequent explanation of that vote. We deeply regret the deportations that have taken place , and we urge Israel to avoid further deportations. (Mr. Walters, United States) The United States abstained on the present resolution because we believe that repeatedly raising the issue in the Security Council does not assist the process of restor lng tialm to the terrltor les or addressing the problems that have contr lbuted to the recent disturbances. We also note that in this ‘case the four individuals who have been deported declined to appeal to the Israeli Supreme Court and’dld not, therefore, allow the judicial process to run its course. ; Y ‘ While’ we do not’ mlnlmlze the set lousness of these deportations, we do not 3,’ believe that selective attention to this issue’ in the Security .Councll’ is’ “- justified.’ The United States does not believe that ‘repeatedly rals lng this issue in the Council serves a useful purpose. -‘* :; ‘. ..: , .’ ~ ‘The PRESIDENT: The representative ‘of the- Palestine Liberation ’ ‘ Organlzatlon wishes to speak. f call upoii him’. “. ” : . ’ ’ Mr. TERZI (Palestine Liberation 6rganlxatlon) i ‘1n pursuing l~‘~polldles, ‘I this morning,’ at about 3 a.m., the ocoupylng‘ Power ,’ knocked &t”the doors.7~of four journalists and took them to military headguar ters. . , t ; : At abo&%‘8” ‘a.in., in the Gaza area, they wen’t to the house of Dr;- Kaldar‘ Ab’aul &ifl~“h&&’ 61’ the &iGklne Red Cres6entSo’clety, to the house of i&&r ‘Fityei’ Abu F&E ,-‘to br . zakarla All Agha-. . andto lawyer Khaled Al Kldra; i They &&?-& && peopl&: ‘; : &.&e’&‘& i. *argei, nothing ,-‘inan arbltary way,~and one’ of ‘them;’ Dr.“ *gleh &f+i&:&‘.has,:;as far,..& we ikim; been tiansferred’to the. Arab AffalrSU’&citi& of, the mllltar~y~‘headquarterso . i &es& peopli’.‘a~& am>@ the‘ fig&&h&&, he’ &ot&&s,’ ti& $ymbol&~ ‘& ‘&ii explanation”ls that, in. pursuing a”.kasclstlo m&t&d ;’ the oc&Pylng Power” ‘is’ ’ -. ‘hdO@t%ng thl~‘lntli~lda~lbn~proc~s~ axid L’who k&us? A might kee$ them,’ &ht depbrt them or expel them across the frontiers. I_. I :..:. . ‘iI We do appreciate the position of the Government of Lebanon;‘but we also believe that the ‘state’ments made yesterday by &e Se&etary&zneral,~by the “,’ 1 . Mr. Ter si, Palestine ,. ,Liberation Organization) International F&d Cross, and by ,your good self, Sir, should have been deterrent enough to cause the occupying Power , Israel, to abide scrupulously by its obligations. On 5 January the representative of the United States, maybe Wjustifyinga the positive attitude it had taken, said: I* “The view of the United States is that deportation of individuals from the . : occupied territories is a violaticm of Article 49 of the Pourth Geneva, ’ Convention, which prohibits individual or mass forcible transfers ‘regardles’k of their motive’. The United States fur,ther believes that such harsh-measures are unnecessary to kintain order. ’ : : They ,also serve to increase tension rather . ._ ..: than contribute to the creation qf a,political atmosphere conducive. to, ., ,; /- r econcil ia tion and negotiation . I We therefore .voted for the resoiption, whi& : _’ -. calls upon Israel to refrain from car.rying out the envisaged deportation.: ‘: . -‘, .,. (s/w. 2780, P. 19-20) , .:;. ‘- . / .) I %e are now surprised by a.sort of sudden .change in Fe concepts and views or’ the United States. :fs the Government of t+e united States opposed ,toLdepbrtati6c.? Does it consider deportation a violation that, .once carried out, is tolerable; and.:a, .: . 1 .” pill the United States *hasto swallow and let bygaies be ,bygones? I *ought ‘$h+ reasanable people,, if they considered an act to be a violation, .would not sanction . . . it and tolerate it at a later stage. I am really surprised and depressed that the .’ . . . - . Govermnt of the United States made us understand that it felt .obliged, ,$o honour; I . . . its ,commi tment to ,the Geneva Convention, which says that parties I to it undertake .to ensure respect for its provisions. The deportations violate not only the Fourth Geneva Ctivention but also Article 9 of the Universal Declaratiar of Human :Rights, whichstates ,that no.,one? .^ II shall be subjected to arbitrary arrest, dentention or exile. (Mr. Ter zi, Palestine Liberation Organization) The issue has been raised that the Israelis of course had to deport those people because due process of justice was rejected by the deportees. That is an insult to our intelligence. What sort of justice is expected under foreign military occupation, whether or not they agree to the so-called process of justice? (Mr. Ter zi, Palestine ’ Liberation Organization) Whatever motives are advanced, herwever , under article 49 of the Geneva Convention the occupying Power is prohibited from deporting persons. Therefore, whether those detainees or those to be deported have recourse to the entire judicial process available to them or not is irrelevant at this stage. The issue, as the United States and the Council stated at the outset, is that deportation is a violation of that Convention. Unfortunately, we are forced to state here that the position of the United States is not consistent with what it claims to be its commitment to the norms of international law and to justice. Indeed, our lack of confidence in what the. United States says has been clearly borne out by its Action today. The PRRS IDENT: There being no further speakers, the ,Security Council has thus concluded the present stage of its consideration of the item on the agenda. The meetinq rose at 12.40 p.m.