Jan 7, 2010 1:20 | Updated Jan 7, 2010 9:49
Goldstone clause could lead to sanctions
By DAN IZENBERG
The Goldstone Report included a threat to Israel that had been
overlooked so far but could lead to voluntary, far-reaching economic
sanctions against Israel by UN members, a US Jewish organization, the
American Jewish International Relations Institute (AJIRI), warned on
Wednesday.
According to former US ambassador Richard Schifter, the threat comes
from a paragraph in the report's recommendations referring to a UN
provision stating that if the Security Council does not order action
to be taken by the UN against Israel, members of the General Assembly
may take voluntary, collective action instead.
The provision was used by the General Assembly members to apply tough
economic sanctions against South Africa in 1982 and AJIRI is
concerned that it could now be used against Israel.
The Goldstone Commission recommended that the General Assembly may
remain apprised of the implementation of its findings and
recommendations "until it is satisfied that appropriate action is
taken at the domestic and international level to ensure justice for
victims and accountability for perpetrators."
The General Assembly may consider whether additional action within
its powers is required in the interests of justice, including under
Resolution 377 (V) "Uniting for Peace."
According to the "Uniting for Peace" resolution, if the Security
Council fails to take action due to a lack of unanimity among its
permanent members - apparently a reference to a veto by one or more
of the five permanent members - "the General Assembly shall consider
the matter immediately with a view to making appropriate
recommendations to members for collective measures, including, in the
case of breach of the peace or an act of aggression, the use of armed
force when necessary to maintain or restore international peace and
security."
Schifter said the resolution was first drafted and used to sanction
UN countries to wage war against North Korea in 1950 and to impose
economic sanctions against the apartheid South African regime in
1982. It was originally spearheaded by the US after the Soviet Union
vetoed Security Council resolutions ordering the UN to take measures
against North Korea.
Schifter told The Jerusalem Post his suspicions regarding the intent
of this recommendation in the Goldstone Report were triggered by the
fact that many equate the apartheid regime in South Africa with
Israel.
"I think the people who wrote this recommendation had in mind the
action taken in 1982," he told the Post.
Only the UN Security Council can order member nations to take action.
Schifter estimated that of the 15 countries currently on the Security
Council, only eight would vote in favor of a motion to refer the
Goldstone Report to the International Criminal Court. His estimate
was based on these countries' votes on a General Assembly resolution
on November 5, 2009, which endorsed the report. Six other current
members of the Security Council abstained in that vote, while the US
voted against. The General Assembly vote was 114 in favor of
endorsing the report, 18 against, 46 abstentions and 16 absences.
A majority of at least two-thirds of the Security Council members is
required to approve a resolution. Currently, those in favor of
referring the report to the ICC are one short of the necessary
majority. Even if they obtain it, however, any one of the permanent
Security Council members may cast a veto. Schifter predicted that the
US would do so if necessary. Thus he believes that the threat of an
ICC investigation is negligible.
But that does not mean Israel is out of danger of economic sanctions
by UN members acting collectively because of the Uniting for Peace
resolution. He advised Israel to campaign inthe General Assembly to
secure a blocking vote of one-third plus one of the countries that
cast their ballots, or to prevent the supporters of the resolution
from obtaining more than 50 percent of the votes of all UN member
states.
Meanwhile, an official said the government was aware of the Goldstone
Report's Uniting for Peace resolution, but was more concerned with
preventing the report from reaching the ICC, which, he said, was "a
more serious" matter.
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