On October 2, 2009, the UN Human Rights Council was widely expected to pass a resolution supporting the Goldstone Report, the UN’s probe of war crimes committed during Israel’s war in Gaza in December 2008 and January 2009.
The Council instead agreed to delay a vote on the report until March 2010, following major reservations expressed by the Palestinian Authority, the United States and Israel.
A UNHRC endorsement of the report would have brought Israeli officials one step closer to prosecution before a war crimes tribunal, an event many Palestinians were anxious to see.
But, as The Palestine Papers reveal, the Palestinian Authority apparently sacrificed a potential victory for Palestinian victims in exchange for favorable assurances on negotiations from the United States and, they hoped, from Israel.
Quid pro quo
The Goldstone Report, formally known as the Report of the United Nations Fact Finding Mission on the Gaza Conflict, was released in mid-September 2009 amid calls for a review of Israel’s wartime practices. The probe was led by Richard Goldstone, a former South African judge; it identified war crimes committed overwhelmingly by Israeli forces, but also by Hamas, during Israel’s war on Gaza.
Both the United States and Israel were outspoken in their criticism of the report, claiming that any UN endorsement would endanger the peace process and future Palestinian-Israeli negotiations.
Palestinian president Mahmoud Abbas has already admitted that the PA asked for the postponement; he said at the time it was to secure more international support before the vote.
"Since we felt we would not be able to gather enough support we asked for the postponement," Abbas said in October 2009. "We wanted to reach mechanisms that would ensure the implementation of the decision and punish the perpetrators of crimes against our people.”
What The Palestine Papers demonstrate is that, in the weeks preceding the vote, the United States apparently urged the PA to stall the report as a means of restarting negotiations with Israel.
At a September 24, 2009 meeting between Saeb Erekat, George Mitchell and David Hale, the latter informed Erekat that “Our intention is to move quickly to relaunch negotiations. We are wrapping up an agreement on a package with Israel, and including other parties.”
Erekat resisted, saying “I simply cannot afford to go into a process that is bound to fail. I am trying to defend my existence and way of life.” Mitchell informs Erekat that President Barack Obama’s “attitude was consistent: we need to proceed to negotiations; delay will not be beneficial to anyone.”
During the same meeting, the U.S. also stressed to the PA that it was actively engaged in supporting the PA through other means. Mitchell informs Erekat, “I’ve devoted half my time over the last several months to things like getting you support (for example with Kuwait), not just financial. We will stay the course on this.”
At end of the meeting, Mitchell invites Erekat to Washington, D.C., on the day before the UNHRC was due to vote on the Goldstone report. “Regarding coming to DC next week…you should come next Friday,” Mitchell said. Erekat resisted, countering, “That does not give us enough time to go back and consult…”
The Palestine Papers further divulge that during the exact time of the crucial UNHRC vote, Erekat was in Washington, D.C. seeking more guarantees from the United States.
During a meeting at the U.S. State Department with Mitchell and Hale, on October 1, 2009, Mitchell reiterated to Erekat not only the U.S.’s commitment to a new round of talks, but also U.S. willingness to take a more active role on behalf of the Palestinians.
Mitchell said the U.S. would “explicitly repeat its position on Jerusalem (non-recognition of Israeli annexation and related actions; demolitions, evictions etc.) In such a situation, with negotiations going on, if [Israel] make a provocative announcement, the US has the leverage to state that this undermines the process, and that Israel is acting in bad faith in the negotiations.”
Erekat further bared not only the PA’s reliance on the United States, but the PA’s desperation to get back to the negotiation table. Erekat informs Mitchell that “peace through negotiations is a strategic choice... Our whole future depends on it, and we are counting on the US to help us... Another failure will be devastating.”
The following day, on October 2, 2009 - while President Abbas was in New York pushing to postpone the vote on Goldstone - Erekat again met with Senator Mitchell. This time, Erekat appeared to use the expected international backlash to the vote deferral as a bargaining chip in proving their commitment to peace talks.
“I did not come here to complain, but to try to help move forward,” Erekat told Mitchell. “Many people strongly objected to [Abu Mazen] going to NYC and me coming to Washington.”
Mitchell continued building a case to Erekat and the PA on why all parties should move quickly to negotiations. “For 60 years, the choices open to the Palestinian people have become less and less attractive,” Mitchell said. “The circumstance under which they live worse and worse…..Believe me it is the best time.”
Erekat, meanwhile, only seemed to further push Palestinian priorities behind those of even Israel. “We find ourselves in the eye of the storm,” Erekat lamented to Mitchell. “We pray every day that Israel will come to the point where they realize that a Palestinian state on the  border is in their interest...That’s why we are frustrated. We want to help the Israelis.”
At the very same meeting, Senator Mitchell presented Erekat with a document containing language that, if agreed to, would nullify one of the PA’s few weapons – the chance to prosecute Israeli officials for war crimes in Gaza at the International Criminal Court at The Hague. The U.S. language stated:
“The PA will help to promote a positive atmosphere conducive to negotiations; in particular during negotiations it will refrain from pursuing or supporting any initiative directly or indirectly in international legal forums that would undermine that atmosphere.”
Erekat, Abbas and the Palestinian Authority accepted the language and simultaneously agreed to call for a deferral of the UNHRC vote. Unsurprisingly, this decision was met by outrage, as Palestinians and Arab nations condemned the PA leadership for kowtowing yet again to American and Israeli pressure.
Israel leaked the PA’s support for the resolution deferral on the day before the UNHRC vote was to take place. Erekat, undoubtedly caught off-guard, was outspoken in his complaints weeks later to the U.S. on what he perceived as unfair Israeli tactics. In a meeting with U.S. National Security Adviser James Jones on October 21, 2009 , Erekat revealed:
“Then came Goldstone and all hell broke loose. You know the first public response to the Goldstone thing came from Lieberman, who said Abu Mazen agreed to postpone the vote because the Israelis threatened to release the “tapes” showing him coordinating the attack on Gaza with Israel. Then there was the report that he did it for Wataniya, which they said is owned by his two sons.”
Jones, however, was quick to assure Erekat that the PA’s efforts would not go unnoticed. “And thank you for what you did a couple weeks ago,” Jones told Erekat. “It was very courageous.”
That same day, Erekat also met with Mitchell, and wasted no time in asking for the U.S. to deliver on its previous promises.
Erekat: When can you give me something, a document or a package, so I can take it to [Abu Mazen], so we can study it in good faith?
Mitchell: Much of what I read is not controversial...
For the United States, and unfortunately for the PA, it was simply business as usual.