Libya
LIBYA REPRESENTATIVE:  Mr. President, ladies and gentlemen, there is no doubt that this meeting is of particular importance because this is the first attempt to make the Zionist occupiers face their responsibilities.  These occupiers have used every form and every method of terror against the Palestinians for over 60 years.
This meeting is also an attempt to give credibility – give back credibility to the UN and to the international community.  The Zionists disregard the opinion of the international community and we do hope that the outcome of this meeting will not once again be a disappointment to international community and to the cause of human rights, considering the effort that has gone into upholding human rights now.  
The Zionist crimes in Palestine have not – in fact, began with the arrival of the first Zionist settlers in Palestine.  They’re not something new and they have become systematic since the establishment of what is called – what we call Israel, a state that, as we know, is based on genocide, on ethnic cleansing and collective transfer of Palestinians from their lands and a ban on them returning to their lands.  And it’s based on crimes that continue today, confiscation of lands, the building of new settlements, confiscation of agricultural lands and categoric refusal to allow Palestinian refugees to return and to recover their lands.
However, we should remember a certain number of massacres that the Palestinian people have been subjected to and we should not forget the victims of Zionist terrorism.  The Palestinian people have indeed been the victims of several massacres since 1940s, beginning with the massacre of Baldat al-Shaikh in 1947, then the Deir Yassin massacre in 1948, then the Village of Abu Shusha massacre of 1948, the massacre of Tantura in 1948, the massacre of Kibia in 1953, the massacre of Khan Yunis in 1956, the massacre of Al-Aqsa Mosque in 1990, the massacre of Ebrahimi Mosque in 1994, the massacre of the Jenin Camp in 2002, and the Sabra and Shatila massacre in 1982, as well as the two massacres of Qana – the first one in 1987 and 2006, respectively.  And finally, the latest massacre, the Gaza massacre.  
Mr. President, the modern information technology has made it possible for the world, for the whole world to witness the crimes of the Zionist entity.  
We have all seen how children have been targeted directly and we’ve seen on television how Mohammed Al-Durrah was – a small boy was killed live on television.  Unfortunately, this similar television cameras were absent in hundreds of similar cases.  We’ve all seen on television how Israeli soldiers break – intentionally break the limbs of Palestinian civilians.  We’ve seen what happened in Shabra and Shatila and Qana, and Bethanoon [?] [02:06:55] and Jenin and most recently in Gaza.  All these crimes have been documented and they are reflected in reports that have been published by neutral sources. 
But unfortunately, where’s the justice?  Where’s justice?  Where’s the conscience of the world?  Where are these countries who claim to uphold human rights for decades and decades.  
Unfortunately, what we call Israel has always been above the law and above all criticism.  There is a plethora of proof and testimony.  It’s just enough to mention that Boutros Boutros Ghali was thanked at the end of his first term of the – he was basically – he insisted on publishing the proof of the first Qana massacre when Israel intentionally bombed the Qana UN facilities, even though it knew that hundreds of civilians were – were taking refugee there against its artillery bombardment.  
Mr. President, the procedure followed in establishing the facts with respect to what happened in Gaza leaves no room for doubt with respect to the authority of this report and the conclusions of the mission – fact-finding mission.  There is no doubt that the integrity and the professionalism of the members of this fact-finding mission and its chairman are beyond any doubt.  This is why the report which is submitted to us reflects all the facts and draws some important conclusions and is quite a neutral report and it’s very important to bring those perpetrators to justice.  
This report enumerates the crimes committed by the Israeli army against the Palestinian people.  It concludes that a very modern and well equipped army with the means of destruction – tremendous means of destruction – has committed crimes against a people that is besieged and occupied people – and besieged people and people that are deprived of basic necessities.  A people that only basically has mortars and homemade – and basic homemade missiles to defend itself against this aggressor.
Now it was stated that to combat foreign aggression is an inalienable right against – of any people – so you cannot draw parallel between the oppressor and the oppressed.  There have been a number of incidents here that have been – that were examined by the fact-finding mission.  First of all, the destruction of the only facility that provides flour to Gaza and this – the fact-finding mission concludes that this was done to deprive the civilian population of food supplies.  This was a violation of international law and a crime against – a war crime.  
Secondly, the destruction by armored Israeli units of poultry facility, as well as workshops.  The fact-finding mission concludes that this is a premeditated act to destroy or to cause such destruction and that it is not justified by any military needs – and also a war crime.
Thirdly, the destruction of wells and the report emphasizes that the mission – fact-finding mission found no reason that could justify any military advantage from destruction of these wells.  
The fact-finding mission also mentioned that there is no proof that armed Palestinian groups were using these wells for any particular purpose – an aggressive purpose.  
The mission also concludes that drinking water is a fundamental right for civilian population and the destruction of these wells is a war crime.  
Fourth – fourth incident rather – where the Israeli army forced Palestinian civilians – the threatened Palestinian civilians and forced them to take part in search of houses during their military operations.  These men – in fact, they were threatened, they were forced to enter houses.  They were blindfolded and their hands were tied.  In this case, again the fact-finding mission concluded that these individuals and this kind of operation is a war crime, constitutes a war crime.  
Fifth, it’s important to emphasize that it became clear from an number of incidents that are discussed in various parts of this report.  It was emphasized that the humiliation and treatment of Palestinians that contravenes international law and principles of human rights.  This kind of behavior was committed.  These kinds of – the occupying forces treated Palestinians in an inhumane way and it represents collective punishment against civilians and therefore is – can be seen as measures aimed at terrorizing the civilian population and are a serious breach of the Geneva Convention and also constitute a war crime.
Now it’s also worth noting that the Commission – the fact-finding mission found no proof that confirms allegations that point to the fact that the authorities of Gaza using mosques or hospitals as – putting civilians in these places or using ambulances to ferret armed individuals.  So it is not credible.  It is – there is no proof that Palestinians launched military activities from civilian facilities.  
Furthermore, the fact-finding mission points to eleven incidents where the Israeli army launched direct attacks against civilians which led to considerable loss of life and many wounded.  Facts have confirmed these allegations and in every case, these attacks were never meant – never targeted military facilities.  
The conclusion that can be drawn is that Israel violated the Fourth Geneva Convention including torture, inhuman treatment, assassination, and Israel also used people as human shields which constitutes a war crime according to the Rome statute.  And also, the report concludes that the offensive against Gaza is a form of persecution which is a crime against humanity.  
The mission also concludes that there are serious doubts on – about the fact that Israel is serious about conducting an independent and effective inquiry in accordance with international law and the requirements of international law.  The mission thinks that the system in Israel is based on segregation which means that justice – the justice system when Palestinian victims seeks redress through it will not provide satisfaction.  
The mission considers that in these circumstances there is no way for the perpetrators, the criminals to pay to – to be held accountable for their crimes.  And the mission considers the very severe violations of international humanitarian law which were documented and which are reflected in their report.  Fall within the area of responsibility of international criminal court.  It recommends the transferring – forwarding this case to the international criminal court if the international community is serious about dealing with these violations.
Ladies and gentlemen, Mr. President, we have heard that – saying that the peace process between the Palestinian and Israeli is important.  People will speak about peace that doesn’t exist.  The peace process for the entity we call Israel began is already finished.  Israel obtained everything that it wanted without anything in exchange.  Israel obtained the recognition by Palestinians of its existence on Palestinian land.  It obtained guarantees for its security without any restriction.  This is guaranteed by major powers even though Israel occupies various countries in the region because those who state that they’d guarantee Israeli security, don’t mention any borders, specific borders – even though Israel continues to annex more and more Palestinian land, more settlements and change the demographic situation in the Occupied Territories.  
It’s also important to add that Palestinian are besieged by everyone everywhere.  They have no right to combat against the occupation.  They have to basically justify – they’re held accountable for every single bullet that they fire against the occupation.  The Arab states unfortunately have declared that peace is their strategic choice.  That means that these Arab states will no longer fight.  So does that mean that the Zionist entity doesn’t need any better guarantees than that.  
And after all that, is there anything that would encourage Israel to withdraw from its Occupied Territories?  I don't think so.  I don’t believe so.  
So a logical and realistic analysis of what is happening in the Middle East since the Oslo Agreement proves without a shadow of a doubt that there is no peace process.  What does exist is a political process which aims at swindling the Palestinians and the Arabs while Israel tightens its control over the historical Palestinian land.  And I think Israel is well on its way to achieving this goal.
Mr. President, ladies and gentlemen, we are aware that a tremendous pressure has been applied and continues to be applied by our member states to undermine the initiative underway to implement the recommendations of the fact-finding mission.  And this pressure – these measures aim at upholding justice and putting a stop to the horrors that are aimed at the Palestinian people. 
But we want all those who seek to undermine the implementation of these recommendations, to thwart these recommendations of the fact-finding mission headed by Judge Goldstone, because this would send a message to the world – if these recommendations were not implemented, we’d be sending a message to the world.  It would mean that Israel is above the law and that we really would need to change the way we do things.  If the UN does not play the role that it should, then its motto should be that those who are powerful are never held accountable and should be enshrined in its charter.  Those who think that Israel has absolute power are wrong because Israel draws its power from the weakness of its adversary and from the absolute unconditional support that is given to it by certain powers.  
Ladies and gentlemen, there is no doubt that the result on the vote of the draft resolution that is submitted to us will then give us an idea of who amongst us is working for the cause of peace, justice, security, and those who are seeking to obstruct it.  So we hope that a vote in favor of the draft resolution will be unanimous.  Thank you very much, Mr. President.  [END]